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Amending the US constitution - Coggle Diagram
Amending the US constitution
Why is it so difficult?
Requirement for super majorities
In the first congress, there were only 65 people in the House and 26 in the senate, meaning that just 44 house members and 18 senators had to agree to a proposal for it to pass the first stage.
Now the house has 435 members and the senate has 100, needing 287 reps and 67 senators to vote to pass an amendment.
The second stage initially needed just 9/13 states to agree: it now needs 38 of 50 states.
Both these requirements outline how a small minority of states/senators/reps can prevent an amendment from passing.
Population expansion
The USA expanded from 3.5 million people in 1789 to 330 million today.
Variations in state culture also make it hard for states to come together and agree on an amendment.
11 different areas of the USA have clearly distinct cultures
Advantages of the process
Broad support
It is crucial that the constitution should reflect the cultural beliefs of as many americans as possible.
It is impossible for it to please everyone, but having as much support as possible ensures it remains relevant.
Prevents short lived trends becoming amendments
Although the prohibition of alcohol was a short lived trend, one error in 200 years isnt that bad.
It prevents short lived crises/desires from becoming a part of the constitution for years to come.
Protects the most important principles
Prevention of arbitary rule, such as a monarchy or dictator.
Seperation of powers: one of the most important princples
It works
The fact that 27 amendments have passed means that the right balance has been struck between necessary permenant change and preventing temporary/short lived trends from changing it
Disadvantages of the process
Constitution struggles to stay up to date
Changes in modern society not reflected in the constitution
The equal rights amendment would have recognised the rights of women and men equally, yet it only managed to gain support from a 38th state in 2020 (virginia), 50 years after it had been sent for state ratification.
Ignores minority interests
Difficult for minorities to bring about change to the constitution meaning their rights can be ignored due to the amendment process.
Struggle for voting rights remains in the twenty first century, with 19 states passing restrictions on voting rights in 2021.
Power given to the Supreme Court
The supreme court has the power to interpret the meaning of the constitution.
They have been able to change and alter the constitution significantly, despite being unelected and unaccountable.
Courts decisions can be overturned by an amendment, but this happens very rarely. The supreme court therefore holds a large amount of power over the constitution.
Is it really that protective?
Some amendments have been passed that maybe should not have been.
The 18th amendment banned the sale, manufacture and transport of alcohol.
13 years later it was repealed with the 21st amendment, questioning if this process is actually as rigid as it seems.
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