Amendments process

Question 1

what is stage 1 of the amendments process

Answer 1

proposal stage
2 ways
- a 2/3 vote in both houses of congress
- a 2/3 votes in a national convention called by 2/3 of state legislature (never been used)

Question 2

what is stage 2 of the amendments proposal

Answer 2

ratification stage
2 ways
- majority vote in 3/4 of state legislation (used successfully 26 times)
- a majority votes in 3/4 of special state conventions (used just once to repeal the 18th amendment)

Question 3

example of a successful amendment

Answer 3

16th amendment - income tax
in the 19th century, majority of federal revenue came from tariffs which was later criticised for unfairly taxing the poor
in in 1894, sought to introduce income tax, but declared unconstitutional by SC
thus in 1909 16th amendment passed in congress and ratified in 1913 by states allowing congress to levy income tax without sharing it among the states based on population

Question 4

example of a failed amendment

Answer 4

the equal rights amendment
would have guaranteed equal legal rights for all American citizens regardless of sex
first introduced in 1923, reintroduced in 1971 after rise of the second wave of feminism
successfully proposed in 1072 by congress but failed to be ratified by 38 states, got 33 states instead

Question 5

what is another way that creates amendments

Answer 5

interpretive amendments through judicial review
SC able to change the interpretation of constitution in relation to key constitutional question
different ways of interpreting: textualism, originalism and living constitutionalism

Question 6

example of interpretive amendments

Answer 6

in 1972, Roe v Wade legalised abortion across the US using the 14th amendment
in 2022, in Debbs v Jacksons womens health organisation, the SC reversed their decision by changing how they interpreted the constitution

Question 7

An advantage of the difficult amendment process (protection)

Answer 7

Since it’s difficult to amend it means key principles are well protected and that ill-thought out, reactionary amendments fail to pass
When amendments have majority support across the population and are necessary, such as 22ns amendment, the constitution can be amended in order to evolve and respond to changed circumstances

Question 8

Disadvantage of process
(outdated)

Answer 8

Entrenched and process means it’s very outdated
- 2nd amendment can be seen as ill-designed for the 21st century and makes the US out of step with other modernised technologies

Also fails to evolve as society does particularly in the current highly partisan environment in which agreement on anything is near impossible let alone supermajorities
- can be seen in the proposed Equality Tights amendment had major support from US population but failed in the state stage

Question 9

Disadvantage of process
(Undemocratic)

Answer 9

The requirement for supermajorities allows a small majority in either congress or in the states to block amendments proposals that have majority support in congress and across the population