Preview

Explain the Factors Which Make It Difficult to Amend the Us Constitution

Good Essays
Open Document
Open Document
735 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Explain the Factors Which Make It Difficult to Amend the Us Constitution
Q. Explain the factors which make it difficult to amend the US Constitution (15 marks)
To amend the US Constitution, a bill has to go through a two-stage process: proposal and ratification. The proposal stage has to have two thirds majority in both the House of Representatives and the Senate. Every successful amendment has started this way and even the failed ones. A proposal can also be made by a Constitutional convention, which is a one-off body which is put together for a specific purpose, and this is called by Congress on petition by two thirds of the states. This method has never been used. The problem with this proposal method is that the Constitution doesn’t state how it should be done and there is no mechanism.
There are, however, implications for proposals. The Democrats and Republicans are needed for amendment proposals to succeed, so this means one party simply cannot enforce and support a proposal. There needs to be a consensus. This means that this ‘implication’ can bring about bipartisanship, so this means both parties can find a common ground and work together to pass the legislation. An example of bipartisan support is the Flag Desecration Amendment. This was an amendment that had plenty of bipartisan support but not enough because it fell short of one vote. It was argued that flag desecration was removing people’s rights (such as freedom of speech) and Senators and Politicians generally dislike remove people’s rights. This is the same for the ban on gay marriage as the Constitution shouldn’t tell people how to lead their lives. Newt Gingrich had proposed that public schools should have prayers (which were more likely to be Christian prayers) but this would have removed rights such as freedom of religion, therefore limiting people’s rights.
After the proposal stage, there then is the ratification stage. Once a bill passes this stage, it is an amendment. In the ratification stage, the proposed bill has to be approved by legislatures in three

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Unit 13 p6

    • 961 Words
    • 4 Pages

    Once the second reading is complete the bill proceeds to the committee stage where any changes or amendments to the bill are made…

    • 961 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    The history of this amendment, as well as why it took so long to be ratified, can be traced to three separate instances. The first…

    • 410 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Ayy lmao

    • 364 Words
    • 2 Pages

    II. The Amendments to the Constitution, the Constitutional issues, and/or the important issues in the case…

    • 364 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Constitution

    • 567 Words
    • 3 Pages

    The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States…

    • 567 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Mr Alex Rusby

    • 341 Words
    • 2 Pages

    The amendments can be proposed by a two-thirds majority of both houses of Congress, once this is passed it is then ratified by the legislatures in three-quarters of the States. The constitution can also be amended by a national convention called by Congress at the request of the State Legislatures, which can then be ratified by conventions in three-quarters of the States. These processes are interchangeable; the houses of Congress can propose an amendment and it can be ratified by the States, or vice-versa. No amendments have ever been passed through the use of conventions, as gaining a two-thirds majority of State legislatures is too substantial. The US constitution has been criticised for being too rigid making it difficult to amend and as the parties within government become more homogenous and party voting increases, the process of amendments gets even tougher.…

    • 341 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The United States Constitution is a very highly recognized document. There are several factors that contribute to it process.…

    • 778 Words
    • 4 Pages
    Good Essays
  • Good Essays

    a. What four factors does the author provide as reason for the success of the Constitutional Convention?…

    • 581 Words
    • 3 Pages
    Good Essays
  • Good Essays

    28th Amendment

    • 1044 Words
    • 5 Pages

    convention. Amendments must then be ratified by three-fourths of the states to take effect. Article Five…

    • 1044 Words
    • 5 Pages
    Good Essays
  • Good Essays

    11.4 questions

    • 430 Words
    • 2 Pages

    1. What are the two ways Congress may be involved in amending the Constitution? Which method has never been used?…

    • 430 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The Constitution of the United States was written in 1787, yet there was a struggle for its ratification that went on until 1790. Members of Congress believed that the Articles of Confederation, the first government of the United States, needed to be altered while others did not want change. After the Revolutionary War, the people did not want a strong central government, because it reminded them too much of what they were trying to escape. Under the Articles, each state had their own laws, and the need for a new Constitution was desired by many. This desired Constitution created a huge dispute and an argument between people who wanted things to stay the way they were and people who urged to change the Articles.…

    • 690 Words
    • 3 Pages
    Good Essays
  • Good Essays

    It is very important that the Constitution be ratified. The Constitution is a compilation of many of the proposed ideas suggested in various important documents such as the Magna Carta, English Bill of Rights, and even the Declaration of Independence. I am amazed at the compromises that are being suggested to win the Anti-Federalists' approval of the Constitution. I am also angered at the promise of a bill of rights! The national government would be so good at protecting the rights of the people that it would soon gain their loyalty and support. It could not become a tyranny because of the limitations placed on it by the system of checks and balances and separation of powers, because of that I feel a Bill of Rights is not necessary.…

    • 450 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The framers of the Constitution were aware that changes would be necessary if the Constitution was to endure as the nation grew. Their solution was a two-step process for proposing and ratifying new amendments, also known as the amendment process. First, amendments must be proposed and then ratified. They are proposed by a two-thirds vote in each house of congress. The second method involves the calling of a national…

    • 514 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    One point is earned for a correct explanation of why each of the following limits the influence of public opinion on the voting decisions of members of Congress.…

    • 318 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The current procedure for amending the Constitution is to have the proposed amendment resolution pass both the United States Senate and House by two-thirds vote and have 75% of the states ratify the amendment within a set time period. The other method for starting a constitutional amendment is to have two-thirds of the states to call for a…

    • 3043 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    Many section of the Constitution have been debated and examined. One of the most interesting articles is Article V which details the process of ‘amending,’ or revising, the Constitution. There are two ways to go about the amending process. According to usconstitution.net, “the first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment.” Secondly, "Congress ... on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which ... 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 (Philip 26)." This procedure has never been used to amend the Constitution.…

    • 589 Words
    • 3 Pages
    Good Essays