Salvador Corona
POS2041_CMB-16Spring
Dr. Bruce Wilson
25 January 2016
Word Count: 658
Amending the Constitution
The US Constitution is one of the oldest constitutions in the world. It is also one of the hardest to amend. This is because of the process and the people it has to go through. Since 1992 when the 27th Amendment was approved, there has not been another amendment ratified (“The U.S. Constitution Is Impossible to Amend,” 2014). The difficulty of amending the constitution is set for a reason. The process of amending the constitution was made difficult to prevent amendments based on political impulses from being added to the US Constitution.
In order to amend the Constitution an amendment it has to be proposed by the Congress with a
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Amendments can be repealed even after they’ve been ratified. The 18th Amendment, which prohibited the sale of alcohol in the United States was repealed. It was repealed by the 21st Amendment 13 years later after it was established. Thousands of amendments have been proposed but only 33 of those have received the required supermajority to be submitted to the states for ratification (“Constitutional Amendment Process,” 2010). Of those 33 six have been ratified. These six include amendments that would have granted the District of Columbia full representation in Congress, grant equal rights for men and women and allow Congress to regulate and prohibit child …show more content…
(2010) (n.d.). Retrieved January 24, 2016, from https://www.archives.gov/federal-register/constitution/
“Flag Burning.” (2006, June 26). Retrieved January 25, 2016, from http://www.cnn.com/2006/POLITICS/06/27/flag.burning/
Gill, C. (2014, December 14). “How Does the U.S. Constitution Get Amended?” Retrieved January 25, 2016, from http://uspolitics.about.com/od/usgovernment/a/amendments.htm
Posner, E. (2014). “The U.S. Constitution Is Impossible to Amend.” Blame the Founders. Retrieved January 25, 2016, from http://www.slate.com/articles/news_and_politics/view_from_chicago/2014/05/amending_the_constitution
“Same-Sex Marriage”. (2015, June 26). Retrieved January 25, 2016, from
In order for an amendment to be passed, the amendment must first be proposed by Congress and passed with a two-thirds majority vote in both the House of Representatives and the Senate. Technically, this process can also be done if two-thirds of the states petition Congress for a constitutional convention as well, but the current 27 amendments have not been proposed in this way. Then for the amendment to be ratified, a three-fourths majority in the state legislature must be held, or a three-fourths majority within a constitutional convention. This is not a quick process and is further reasoning for a long-term plan to alleviate our republics structural
An amendment is brought before congress and it is voted on, then either put into effect or put aside (Schmidt,2017) The process of amending the constitution is not easy and it requires patience and diligence from all involved. There are many opinions that need to be sorted through and the final decision always goes back to what is seen best for all Americans at the time in which they are living. One issue that is worthy to be an amendment right now in the United States is, that American citizens should be able to digitally track their vote for the president of the United
Article V expresses two ways an amendment can be proposed, and ratified. One of two ways an amendment can be proposed is by, two-thirds vote from both the upper and lower house of congress, which is a supermajority. The second way of proposing is, by calling a national convention, which requires two-thirds vote by state legislatures. Once proposed an amendment needs ratification, that is done in one of two ways. A three-fourths vote of all state legislatures, or acquiring a three-fourths vote from a state ratifying convention, when ratification is accomplished the amendment comes into effect. The 13th amendment was proposed by congress on January 31st, 1865, a two-thirds vote by both the senate and house or representatives: subsequently it
At first glance, it may appear deeply enmeshed in happenstance or hyperbole to compare our glorious United States Constitution (from the 1700’s) to a popular culture/television series from the 1960’s; however, when all is said and done, incredibly, the “best” – and most able – analogy ever concocted and constructed for our Constitution may rest in the humble ranch-house home of The Brady Bunch (Schwartz, 1969, p. 1). That is, strict constructionists stridently see it as a set-in-stone document, never changing (a la Greg Brady and his own rather annoying, even cloying doctrine of holding his longsuffering parents to their “exact words”); and, conversely, those apostles of a more modernist camp view the same Constitution (ever changing) as a
The Constitution is a living, breathing document. It was recognized that each future generation would be facing new challenges that would have never occurred to the older ones, so it had the flexibility available by both interpretation and revisement to allow the newer generation to use the document as it was intended. As society and government grows, additions must be made to the Constitution to keep with the times. The Constitution is also governed by the thoughts of society at that time, seen in the implementation of the 18th amendment because of the urgings of religious and Women’s Suffrage movements. As it is also seen when the government grows weary of one president in office too long, seen in the creation of the 22nd amendment.
Article Five of the Constitution gave the procedure for amending the Constitution, that little did the founders know would be used almost immediately. In order for an amendment to be proposed either two-thirds of Congress must deem the amendment necessary or two-thirds of the state legislatures must call for a convention to propose an amendment. Once the amendment was proposed it would take three-fourths of the states to ratify the amendment. This article also ensured that no amendment could be passed that deprived a state of its equal vote in the senate. The interesting part of this Article is
For an amendment to become official for the United States’ Constitution it would first need approval by the Senate and the House of Representatives with a superiority vote of
The United States Constitution is the very foundation that the nation has been built upon, but its birth was not easy. The framers of the Constitution divided over many key issues relating to it and often argued at length over the creation, ratification, and implementation of this imperative document. Since the Constitution came into being it has been the epicenter of Civil Rights reforms, questions of state sovereignty versus national supremacy, and recently it has been looked to for questions about universal healthcare and what may or may not constitute a marriage. Currently the oldest “living” Constitution in the world; interpreting the United States
Many people believe that the process to amending the constitution is difficult and too complicated but, I believe that the process is perfect for amending the constitution. There are two steps for creating an amendment, proposal and ratification. For step one, the amendment is to be proposed by a two-thirds vote of both houses of congress or a constitutional convention is called by congress on petition of two-thirds of the fifty states. For step two, to ratify an amendment one would need three-fourths of the fifty state legislatures or three-fourths of special constitutional conventions are called by the fifty states. The final result makes an amendment. The proposal by a constitutional convention has never been used to create an amendment.
The ability of The Constitution to be amended is what still allows it to be relevant today. The updates that are made reflect the attitude of the nation. An example of this being the
Is the United States Constitution a sacred and absolute document? Dahl (2001) argued that the Constitution is not perfect or permanent in his book, How Democratic is the American Constitution. He stresses that his main aim is not to propose that the Constitution must be amended, but to facilitate readers in changing how they think about the Constitution. In order to help people rethink the Constitution, Dahl (2001) explained the limitations of its Framers and the Constitution’s not widely known undemocratic aspects. The strengths of the book are its ethos or reputation of the author that establishes his credibility, informal writing style that can appeal to more people, its consideration of a number of undemocratic aspects of the
There have been many amendments that have made their way through the congress since first the constitution was instated. A few, however, never made it into the United States constitution. There were six amendments that were never ratified into the constitution. Some were justified in their reasons for not being ratified, but then there are some which to this day no one quite understands why they were not ratified into the constitution. In Americans attempt to be a fair and just country, its government made many different decisions that were later written into a simple document that would have such an impact on a nation and even the world. The six amendments that did not make the cut were either later rewritten or forgotten completely but here in this paper all six will be looked at and analyzed. The six amendments are Congressional Apportionment Amendment, Title of Nobility Amendment, Corwin Amendment, Child Labor Amendment, Equal Rights Amendment, and District of Columbia Voting Rights Amendment.
The book, “A Brilliant Solution” analyses the American constitution from scratch to the end with a clear review of the start of the process, the debates
Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions
The Constitution is the cornerstone of America. It has lasted longer than any republican government on Earth. The constitution has lasted far longer than the framers of the constitution had expected. The constitution should not be changed because it is fundamentally sound and applicable to today’s society. That is not to say that there isn’t some changes warranted, but the changes to the constitution are allowed and the process to make these changes via amendment are spelled out within the constitution itself. Currently there are have been approximately 11,000 proposals within congress to amend the Constitution since 1789 of those thirty three have been passed. (Senate.gov)