amendments

• what are the two ways to amend the constitution?

  formal

  informal
• amendments

  • supermajority needed in congress to make amendments
  • laid out in the FITH amendment
  • only 27 amendments made
  • first 10 make up the Bill Of Rights
  • one amendment can overturn another
• formal amendments

  • never been used
  • constitution is silent and vague in the states’ role in this
  • states can use it to threaten congress
  • came close to being used in 1992
• informal amendments

  • constitution is primarily updated via the supreme court judgments
  • judicial review has led to judges discovering new meanings and rights within clauses
• what was the Obergefell v Hodges case?

  Same-sex marriage legalisation.
• what was the Brown v the Board case?

  ended racial segregation in schools

  justices UNANIMOUSLY agreed
• what was the DC v Heller case?

  Second Amendment case.

  majority opinion of 5:4
• what is the significance of informal amendments?

  • can never be sure that it’s what the founding fathers wanted
  • conservatives would argue that such decisions should be left to the elected legislatives
  • liberals think that a constitution is a ‘living document’ capable of being interpreted in modern day
• what are the advantages of amendments?

  • very difficult to amend which can ensure that rights remain entrenched
  • super majority being needed makes sure that the amendment is a popular decision
  • old amendments can still be overturned
  • bi-partisanship is needed
  • justices have security of tenure
  • long process allowing for effective scrutiny
• what are the disadvantages of amendments

  • perpetuates what some see as outdated provisions
  • someone has to bring an issue to the courts
  • parties are so polarised - difficult to compromise
  • very difficult to amend making it hard for it to adapt with society
• why is the constitution amended so rarely?

  founding fathers made it deliberately non-specific and vague

  supreme court has the power of judicial reviews

  amricans are too scared to tamper with the constitution because it is sovereign
• what are the formal amendment processes?

  1-

  • amendment is proposed by 2/3 vote of each house in congress
  • amendment is ratified by 3/4 of the state legislatures OR amendment is ratified by 3/4 of the state conventions

  2-

  • amendment is proposed by a national convention called by congress at the request of 2/3 of the state legislatures
  • amendment is ratified by 3/4 of the state conventions OR ratified by 3/4 of the state legislatures
• how is the us constitution amended informally?

  • via the supreme court