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Why is the US Constitution so hard to amend? – Peter Paccone
Why is the US Constitution so hard to amend? – Peter Paccone
Why is the US Constitution so hard to amend? – Peter Paccone
U.S. Senate: Amending the Constitution [1]
The Constitution defines the fundamental law of the U.S. federal government, setting forth the three principal branches of the federal government and outlining their jurisdictions
The Constitution has been amended 27 times, most recently in 1992, although there have been over 11,000 amendments proposed since 1789.. Article V of the Constitution provides two ways to propose amendments to the document
Proposed Amendments Not Ratified by the States(pdf). citation: Constitution of the United States of America: Analysis and Interpretation, CRS, 2002.
Constitutional Amendment Process: Steps [2]
Guess who has no role in officially changing the Constitution? The President of the United States. Believe it or not, the President was not given a formal role in amending America’s most essential document
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Guess who has no role in officially changing the Constitution? The President of the United States. Believe it or not, the President was not given a formal role in amending America’s most essential document
[Solved] Choose the answer that best describes the amendment process. 1…. [3]
Choose the answer that best describes the amendment process.. The Constitution requires 2/3 of both houses of congress and 3/4 of the states for ratification.
The Constitution requires 3/4 of both houses of congress and 2/3 of the states for ratification.. The Constitution requires 3/4 of both houses of congress and 3/4 of the states for ratification.
Amending the U.S. Constitution [4]
Current efforts by some state legislatures and other groups to amend the U.S. Constitution have brought forth questions about the process for doing so
Article V of the United States Constitution outlines basic procedures for constitutional amendment.. – Congress may submit a proposed constitutional amendment to the states, if the proposed amendment language is approved by a two-thirds vote of both houses.
– Amendments proposed by Congress or convention become valid only when ratified by the legislatures of, or conventions in, three-fourths of the states (i.e., 38 of 50 states).. To date, Congress has submitted 33 amendment proposals to the states, 27 of which were ratified
Ways to Amend the Constitution [5]
Under Article V of the Constitution, there are two ways to propose and ratify amendments to the Constitution. To propose amendments, two-thirds of both houses of Congress can vote to propose an amendment, or two-thirds of the state legislatures can ask Congress to call a national convention to propose amendments
The Supreme Court has said that ratification must be within “some reasonable time after the proposal.” Beginning with the 18th amendment, Congress traditionally set a definite period for ratification. In the case of the 18th, 20th, 21st, and 22nd amendments, the period set was seven years, but there has been no determination as to just how long a “reasonable time” might be.
Article Five of the United States Constitution [6]
Article Five of the United States Constitution describes the process for altering the Constitution. Under Article Five, the process to alter the Constitution consists of proposing an amendment or amendments, and subsequent ratification.
Article Five is silent regarding deadlines for the ratification of proposed amendments, but most amendments proposed since 1917 have included a deadline for ratification. Legal scholars generally agree that the amending process of Article Five can itself be amended by the procedures laid out in Article Five, but there is some disagreement over whether Article Five is the exclusive means of amending the Constitution.
Regarding two of the clauses—one concerning importation of slaves and the other apportionment of direct taxes—the prohibition on amendment was absolute but of limited duration, expiring in 1808; the third was without an expiration date but less absolute: “no state, without its consent, shall be deprived of its equal Suffrage in the Senate.” Scholars disagree as to whether this shielding clause can itself be amended by the procedures laid out in Article Five.. The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.[3]
Article V and the amendment process (article) [7]
– Constitutional compromises: The Electoral College. – Constitutional compromises: The Three-Fifths Compromise
– Ratification of the US Constitution: lesson overview. – An amendment is a change or addition to the Constitution.
The Constitution of the United States was ratified in 1789, making it 229 years old, the oldest constitution in the modern world.. As the United States has continued to grow and face unique challenges brought on through modern warfare, alliances, and technology, some critics have argued that the Framers of the Constitution could not have foreseen the changes the United States would experience
The Constitution [8]
The need for the Constitution grew out of problems with the Articles of Confederation, which established a “firm league of friendship” between the States, and vested most power in a Congress of the Confederation. This power was, however, extremely limited—the central government conducted diplomacy and made war, set weights and measures, and was the final arbiter of disputes between the States
Each State sent a delegation of between two and seven members to the Congress, and they voted as a bloc with each State getting one vote. But any decision of consequence required a unanimous vote, which led to a government that was paralyzed and ineffectual.
In May of that year, delegates from 12 of the 13 States (Rhode Island sent no representatives) convened in Philadelphia to begin the work of redesigning government. The delegates to the Constitutional Convention quickly began work on drafting a new Constitution for the United States.
Amending the Constitution: The Meaning of Article V [9]
The United States Constitution is unusually difficult to amend. As spelled out in Article V, the Constitution can be amended in one of two basic ways
This first method of amendment is the only one used to date, and in all but the case of the 21st Amendment, state ratification took place in legislatures rather than state conventions. Second, the Constitution might be amended by a Convention called for this purpose by two-thirds of the state legislatures, if the Convention’s proposed amendments are later ratified by three-fourths of the state legislatures (or conventions in three-fourths of the states).
In fact, only 27 amendments have been ratified since the Constitution became effective, and ten of those ratifications occurred almost immediately–as the Bill of Rights. The very difficulty of amending the Constitution greatly increases the importance of Supreme Court decisions interpreting the Constitution, because reversal of the Court’s decision by amendment is unlikely except in cases when the public’s disagreement is intense and close to unanimous
Paths to Ratification — Equal Rights Amendment [10]
While women enjoy more rights today than they did when the ERA was first introduced in 1923 or when it passed out of Congress in 1972, hard-won laws against sex discrimination do not rest on any unequivocal constitutional foundation. They can be inconsistently enforced or even repealed by a simple majority vote
The need for a federal Equal Rights Amendment remains as compelling as it was in 1978, when now Supreme Court Justice Ruth Bader Ginsburg wrote in the Harvard Women’s Law Journal: “With the Equal Rights Amendment, we may expect Congress and the state legislatures to undertake in earnest, systematically and pervasively, the law revision so long deferred. And in the event of legislative default, the courts will have an unassailable basis for applying the bedrock principle: All men and all women are created equal.”
The traditional constitutional amendment process is described in Article V of the Constitution. Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives and send it to the states for ratification by a vote of the state legislatures
Opinion | It’s Time to Amend the Constitution [11]
With Congress incapable of legislating, Constitutional amendments are now the country’s best way to tackle its biggest problems.. President Joe Biden’s Supreme Court Commission ended with more whimper than bang
For months, they heard testimony and circulated drafts on adding justices to the court, 18-year term limits for justices, stripping the court of jurisdiction to hear certain types of cases, requiring a supermajority of justices to overturn acts of Congress — any of which could dramatically change our constitutional order.. And yet their final report was met with a collective yawn by all but the most ardent court followers.
Nobody who’s been paying attention thinks any of it will happen. Aside from adding justices (and even then there was notable disagreement among the commissioners), all of these changes would require a constitutional amendment
Tenth Amendment [12]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.. The Tenth Amendment helps to define the concept of federalism, the relationship between Federal and state governments
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
The Amendments in History [13]
Proposed September 25, 1789; Adopted December 15, 1791. It’s almost impossible to imagine the United States (U.S.) Constitution without having a Bill of Rights, but when it was first being drafted, a majority of the Founding Fathers didn’t think it was necessary.
Three famous refusers were George Mason of Virginia, Elbridge Gerry of Massachusetts, and Edmund Randolph of Virginia.. As it turned out, these three were not the only ones who thought this was an issue
James Madison was responsible for drafting the document, and originally wrote 17 sections. This number was whittled down to 12, but only ten of which were ratified by a majority of the States.
United States Constitution [14]
The United States Constitution is the fundamental law of the United States of America. It was proposed on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania
Since its passage, there have been 27 amendments; the first 10 are known as the Bill of Rights. The original document is on display at the National Archives and Records Administration in Washington, D.C
The preamble to the United States Constitution states:. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Maine State Constitution [15]
We the people of Maine, in order to establish justice, insure tranquility, provide for our mutual defense, promote our common welfare, and secure to ourselves and our posterity the blessings of liberty, acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity, so favorable to the design; and, imploring God’s aid and direction in its accomplishment, do agree to form ourselves into a free and independent State, by the style and title of the State of Maine and do ordain and establish the following Constitution for the government of the same.. All people are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.
Religious freedom; sects equal; religious tests prohibited; religious teachers. All individuals have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences, and no person shall be hurt, molested or restrained in that person’s liberty or estate for worshipping God in the manner and season most agreeable to the dictates of that person’s own conscience, nor for that person’s religious professions or sentiments, provided that that person does not disturb the public peace, nor obstruct others in their religious worship; — and all persons demeaning themselves peaceably, as good members of the State, shall be equally under the protection of the laws, and no subordination nor preference of any one sect or denomination to another shall ever be established by law, nor shall any religious test be required as a qualification for any office or trust, under this State; and all religious societies in this State, whether incorporate or unincorporate, shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance.
Every citizen may freely speak, write and publish sentiments on any subject, being responsible for the abuse of this liberty; no laws shall be passed regulating or restraining the freedom of the press; and in prosecutions for any publication respecting the official conduct of people in public capacity, or the qualifications of those who are candidates for the suffrages of the people, or where the matter published is proper for public information, the truth thereof may be given in evidence, and in all indictments for libels, the jury, after having received the direction of the court, shall have a right to determine, at their discretion, the law and the fact.. The people shall be secure in their persons, houses, papers and possessions from all unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, shall issue without a special designation of the place to be searched, and the person or thing to be seized, nor without probable cause — supported by oath or affirmation.
Guides at University of Iowa [16]
Although, not officially part of the Constitution, the introduction, or Preamble, explains the purpose of the Constitution and power of the government as originating from the people of the United States emphasized by the first three words, “We the People.”. The Constitution is divided into seven articles on different topics
– Article II concerns the executive branch of government. – Article III establishes the Supreme Court as the highest judicial power in the United States
– Article V describes the procedure for amending the Constitution. – Article VI declares itself, the Constitution, as “the supreme Law of the Land”
The U.S. Constitution: Preamble [17]
The preamble sets the stage for the Constitution (Archives.gov). It clearly communicates the intentions of the framers and the purpose of the document
It does not define government powers or individual rights.. Establish Justice is the first of five objectives outlined in the 52-word paragraph that the Framers drafted in six weeks during the hot Philadelphia summer of 1787
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”. In this video, designed to guide group recitations of the preamble to the U.S
The Irish Constitution [18]
The Irish Constitution (or Bunreacht na hÉireann) was ratified by the Irish people in 1937. Every part of the Constitution is set out in both the Irish and English languages
The Constitution establishes the branches or organs of government, it establishes the courts and sets out how those institutions should be run. It also describes the fundamental rights of every Irish citizen.
This refers to all legal and other human rights commitments made by Ireland, including treaties under the United Nations, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.. Articles 1-39 define the functions of the State and its agencies and set out the separation of powers in the State.
Sources
- https://www.senate.gov/reference/reference_index_subjects/Constitution_vrd.htm#:~:text=Article%20V%20of%20the%20Constitution,propose%20amendments%20to%20the%20document.
- https://www.studysmarter.us/explanations/politics/foundations-of-american-democracy/constitutional-amendment-process/#:~:text=and%20mobile%20app-,Importance%20of%20the%20Constitutional%20Amendment%20Process,considerable%20effort%20and%20national%20support.
- https://www.cliffsnotes.com/tutors-problems/US-History/48015556-Choose-the-answer-that-best-describes-the-amendment-process-1/#:~:text=This%20means%20that%20in%20order,option%204%20correctly%20describes%20it.
- https://www.ncsl.org/about-state-legislatures/amending-the-us-constitution
- https://bensguide.gpo.gov/j-ways-to-amend-constitution?highlight=WyJjb25zdGl0dXRpb24iLCJjb25zdGl0dXRpb24ncyJd
- https://en.wikipedia.org/wiki/Article_Five_of_the_United_States_Constitution
- https://www.khanacademy.org/humanities/us-government-and-civics/us-gov-foundations/us-gov-ratification-of-the-us-constitution/a/article-v-and-the-amendment-process
- https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/
- http://law2.umkc.edu/faculty/projects/ftrials/conlaw/articleV.htm
- https://www.equalrightsamendment.org/pathstoratification
- https://www.politico.com/news/magazine/2022/01/08/scalia-was-right-make-amending-the-constitution-easier-526780
- https://www.law.cornell.edu/constitution/tenth_amendment
- https://www.constitutionfacts.com/us-constitution-amendments/amendments-in-history/
- https://ballotpedia.org/United_States_Constitution
- https://www.maine.gov/legis/const/
- https://guides.lib.uiowa.edu/c.php?g=132054&p=863932
- https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/us
- https://www.citizensinformation.ie/en/government-in-ireland/irish-constitution-1/constitution-introduction/