why did the FF make the amendment process so hard
to make sure their agreements couldn’t be removed for unity
what did Antonin Scalia say about the amendment process
due to the representative system in the US, as little as 2% of the population can influence the result to change completely
what are the two proposal stage methods
1) amendment is proposed by a 2/3 vote in each house of congress
2) amendment is proposed by a national convention called by congress at the request of 2/3rds of the state legislature
what are the two ratification stage methods
1) amendment is ratified by 3/4ths of the state legislature
2) amendment is ratified by 3/4ths of the state conventions
what is the most common amendment route
2/3rds congress and 3/4ths state legislature
what was the equal rights amendment
- a feminist movement
- would’ve outlawed discrimination on the basis of sex
why did the ERA fail
only 37/38 states needed for ratification agreed despite the senate extending the deadline for states to ratify the agreement twice
why are constitutional amendments so rare
- America is really polarised
- the constitution can just be interpreted differently rather than changing it
- the process is difficult as it requires a supermajority
explain what it means by saying an advantage of the amendment process is that it requires broad support
- need a supermajority so any agreement has to have support across the country
- think of Anthony Scalia = only 2% of the population can heavily change an amendment
explain what it means by saying a disadvantage of the amendment process is that it leads to difficulty in ensuring the constitution remains up to date
- there are so many changes in society that are not represented in the legal document that is supposed to be the framework of the country
- for example the ERA was only stopped by 13 states meaning at the time only 24% of the population disagreed
explain what it means by saying an advantage of the amendment process is that it prevents short lived trends becoming amendments
with an example
- prevents short term emotions leading to huge consequences of entrenchment which is difficult to undo
- important in the wake of increasing party polarity
- example of 18th amendment prohibiting alcohol and then this being repealed in the 21st amendment
explain what it means by saying a disadvantage of the amendment process is that outdated parts of the constitution still exist
- the US has changed so much since 1787 when the FF first wrote it
- gun control is so difficult to pass due to difficult amendment process
- electoral college system also outdated
explain what it means by saying an advantage of the amendment process is that it protects the constitution and its core principles
- protects what the FF declared as American democracy and their political ideas –> weak point change is good and as society changes this should be reflected in the legal framework surrounding us
explain what it means by saying a disadvantage of the amendment process is that it ignores minority interests
- to pass an amendment, a supermajority is required which prevents tyranny against a simple majority as seen in the UK for example in the Brexit referendum
- ERA example, 37/38 states
explain what it means by saying an advantage of the amendment process is that it prevents tyranny of larger states and single parties
- the population in America is large but also not evenly spread out so federalism should ensure that states remain a key part of the approval process
- it is important to recognise state individuality as well as population size as seen in the Connecticut Promise
what do the ratification stage and the need for a supermajority protect against
- ratification stage recognises individuality of states
- supermajority prevents against single party domination if they have a majority or majorities
explain what it means by saying a disadvantage of the amendment process is that it gives power of the unelected Supreme Court
- the SC is seen as the final arbiter of the constitution because they are the ones who interpret it so they are able to alter and change the constitution via their interpretations of it
- but the courts decision can be overturned by a constitutional amendment
- but this is a difficult process bc of supermajority requirement
- only happened one time at 16th amendment –> income tax
explain what it means by saying an advantage of the amendment process is that it means few changes are made
- so basic governance is left to individual states so the principles and rights entrenched in the constitution stay clear and unchanging
how many constitutional amendments have been made so far
- only 27
explain what it means by saying a disadvantage of the amendment process is that it it leads to tyranny of the minority
- Antonin Scalia 2%
- supermajority = minority of states can prevent an amendment from passing
- ERA = only 37/38 states needed for ratification agreed to it, the 13 states that didn’t, at the time accounted for just 24% of the US population
explain what it means by saying an advantage of the amendment process is that it works
- it allows amendments to pass when needed but prevents unnecessary amendments from passing
explain what it means by saying a disadvantage of the amendment process is that it does not work and mistakes have been made
- some amendments have made it through that perhaps shouldn’t have and some that should’ve made it through have not
- ERA failing
- 18th amendment = passed in 1920 prohibited sale, manufacturing and transportation of alcohol but was repealed on 13 years later
- so the process failed a short lived but popular trend from becoming an amendment
