Amendment

• Amendments to the Constitution must be proposed by two thirds of members in the House (290) and Senate (67) and then ratified by three quarters of state (38) legislatures or state conventions

  OR proposed by two thirds of states and ratified by three quarters of state legislatures
• Clinton - Balanced Budget and Flag Desecration amendments

  not passed but the flag desecration amendment was short one vote, but support for it has declined since 1995
• The amendment process is long for good reason - to prevent temporary issues from becoming entrenched which would undermine the protection of rights and provisions the constitution provides

  Prohibition was still passed and repealed as a Constitutional amendment (1919-1933)
• The amendment process allows an increased role of the Supreme Court to make interpretive amendments rather than formal amendments - an appointed body which may undermine democracy
• The amendment process is sometimes considered too difficult, leaving the constitution outdated and ineffective
• Small states can ensure their voices are heard, but they can overrepresent their populations as the will of a minority can thwart the will of the majority - California has 10% of the US population but would have the same voting weight of Wyoming which has less than 1%
• Super majorities lead to popular consent, making it arguably too easy to pass an amendment
• The constitution doesn't always require a formal amendment which can take a long time to take effect and can be difficult to pass, so the vagueness of the constitution can be used to evolve it
• Constitutional amendments can be rare as the American population has becom very wary of any changes due to the permanence of it