12.1.4
The Amendment Process
Amendments
Amendments
The US constitution is entrenched. This means that there is a clause within it that makes it difficult to amend. Article V of the US Constitution sets out the process to amend the constitution.
The Amendment Process
The Amendment Process
- The process to amend the US Constitution is as follows:
- Two-thirds (a supermajority) of both houses of Congress have to vote to introduce an amendment, or two-thirds of states can call a constitutional convention to propose amendments.
- Amendments require the formal support (ratification) of ¾ of states.
The Bill of Rights
The Bill of Rights
- The best-known amendments are the first 10, otherwise known as the Bill of Rights, which were ratified in 1791.
- Famous amendments:
- 1st: The right to freedom of speech and religion.
- 2nd: The right to bear arms.
- 4th: The right to not have "unreasonable searches and seizures"
- 6th: The right to a trial by jury, the right to a lawyer.
- 8th: The right not to have cruel and unusual punishments.
- 10th: all power not granted to the federal government is granted to the states and the people.
Other amendments
Other amendments
- The 13th, 14th and 15th amendments were passed after the Civil War which abolished slavery and established civil rights for ex-slaves.
- The 19th Amendment gave women the right to vote.
- The 22nd Amendment limits the President to two terms in office.
- The 26th Amendment changed the voting age from 21 to 18.
- In total there have been 27 amendments with the most recent one passed in 1992.
Advantages of the Amendment Process
Advantages of the Amendment Process
The amendment process has several advantages - it is hard to change, it protects the rights of small states, it protects the key principles that the Founding Fathers intended.
Populism
Populism
- The amendment process makes it hard for any one group or populist movement to amend it.
- Donald Trump tweeted that he could end birthright citizenship (automatic citizenship granted to someone born in the US), as protected by the 14th amendment, with an executive order.
- This is not possible.
- If it were this easy to change there could be serious repercussions for civil liberties in the US.
- This means that amendments are those that are desired by the whole country.
States' rights
States' rights
- The amendment process protects small states’ rights.
- States with a small population are able to maintain their rights against the larger states, one of the main reasons for the continuation of the electoral college.
Key principles
Key principles
- The amendment process protects the key principles as the Founding Fathers intended.
- For example regular elections and the separation of powers.
Disadvantages of the Amendment Process
Disadvantages of the Amendment Process
The amendment process has been criticised for giving states too much power in the process, and being undemocratic.
States overrepresented
States overrepresented
- States have changing populations - some have grown, like Idaho, and some have shrunk, like Illinois.
- Small states with small populations get an equal say to large states.
- The population of Wyoming is around 579,000, whereas the population of California is around 39,537,000.
- The fact that each state has an equal say in the ratification process means that some populations are overrepresented, and some populations are underrepresented.
Undemocratic
Undemocratic
- 13 states can block the will of the people
- Feminist groups have been trying to introduce an Equal Rights Amendment (ERA) since 1921
- It has received a supermajority in both houses of Congress (the House in 1971, and the Senate in 1972).
- The ERA has been blocked by a small group of conservative states refusing to ratify the amendment.
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
Jump to other topics
1Democracy & Participation
1.1Representative & Direct Democracy
1.2Wider Franchise & Suffrage
1.3Pressure Groups & Other Influences
2Political Parties
2.1How Political Parties Work
2.2Established Political Parties
2.3Emerging & Minor Political Parties
3Electoral Systems
3.1Different Electoral Systems
3.2Referendums & How They Are Used
4Voting Behaviour & the Media
5Conservatism
5.1Conservatism: Core Ideas & Principles
5.2Conservatism: Differing Views & Tensions
6Liberalism
6.1Liberalism: Core Ideas & Principles
6.2Differing Views And Tensions Within Liberalism
7Socialism
7.1Socialism: Core Ideas & Principles
7.2Differing Views And Tensions Within Socialism
8The UK Constitution
8.1Nature & Sources of UK Constitution
8.2Constitutional Change since 1997
8.3Role & Powers of Devolved UK Bodies
9The UK Parliament
9.1Houses of Parliament
9.2Comparative Powers
9.3Legislative Process
10The Prime Minister & the Executive
10.1The Executive
10.2Ministerial Responsibility
10.3Prime Minister & the Cabinet
10.3.1Role of the Prime Minister
10.3.2Prime Minister's Powers
10.3.3Limits on the Prime Minister's Powers
10.3.4Role of the Cabinet
10.3.5Prime Minister & Cabinet: Relations
10.3.6Prime Minister & Cabinet: Balance of Power
10.3.7Prime Minister & Cabinet: Case Studies
10.3.8End of Topic Test - PM & Cabinet
10.3.9Top Grade AO3/4 - PM & Cabinet
11Relationships Between Government Branches
11.1The Supreme Court
11.2Parliament & Executive Relations
11.3The European Union & the UK
11.4Sovereignty in the UK Political System
12US Constitution & Federalism
12.1Nature of the US Constitution
12.2Principles of the US Constitution
12.3Federalism
13US Congress
13.1Structure of Congress
13.2Functions of Congress
14US Presidency
14.1Presidential Power
14.2The Presidency
14.3Interpretations & Debates of the US Presidency
15US Supreme Court & Civil Rights
15.1Nature & Role of Supreme Court
15.2Supreme Court Appointment Process
15.3The Supreme Court & Public Policy
15.4Protection of Civil Liberties & Rights
15.5Debates & Interpretations of the Supreme Court
16US Democracy & Participation
16.1Presidential Elections
16.2Electoral College
16.3Electoral Campaigns
16.4Incumbency
16.5Democrats & Republicans
16.6Internal Conflict & Ideology
16.7Support & Demographics
17Comparing Democracies
17.1Theoretical Approaches
17.2UK & USA Similarities & Differences
17.2.1Constitution: Nature
17.2.2Constitution: Provisions & Principles
17.2.3Federal System & Devolution
17.2.4Legislative: Lower Houses of Government
17.2.5Legislative: Upper Houses of Government
17.2.6Legislative: Powers & Functions
17.2.7Executive
17.2.8Supreme Court
17.2.9Supreme Court: Judicial Independence
17.2.10Civil Rights
17.2.11Civil Rights: Interest Groups
17.2.12Party Systems & Parties
17.2.13Campaign Finance & Pressure Groups
17.2.14End of Topic Test - Comparing UK & US
17.2.15Application Questions - UK & USA
18Feminism
18.1Feminism: Core Ideas & Principles
18.2Different Types of Feminism
19Nationalism
19.1Nationalism: Core Ideas & Principles
19.2Different Types of Nationalism
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