Article V for Dummies: The Amendment Procedure Explained

Summary

In this engaging video on Article Five of the U.S. Constitution, the host explains the amendment process, which involves proposal by a two-thirds majority in Congress or a state-led convention, followed by ratification by three-fourths of the states. Highlighting the concept of federalism, the video discusses historical amendments and examples of proposed but unratified ones, such as the Congressional Apportionment Amendment and the Equal Rights Amendment. The host also proposes a new 28th Amendment to combat gerrymandering, encouraging viewers to share their thoughts and ideas for future amendments.

Takeaways

• 📜 The amendment procedure involves two main steps: proposal and ratification.
• 🏛️ An amendment can be proposed by a 2/3 majority in both houses of Congress or by 2/3 of the states calling for a constitutional convention.
• 🤝 The ratification process allows states to approve or reject proposed amendments, showcasing the principle of federalism.
• ⏳ Historically, some amendments, like the 27th Amendment, have taken a long time to ratify, indicating flexibility in the amendment timeline.
• 🗳️ The Equal Rights Amendment (ERA) was passed by Congress in 1972 but failed to be ratified by enough states by the extended deadline in 1982.
• 📝 There are currently four proposed amendments awaiting state ratification, including one concerning child labor regulations.
• 🚫 The proposed child labor amendment would allow Congress to regulate child labor, overriding state laws.
• ⚖️ A proposed 28th Amendment could address gerrymandering by transferring redistricting authority to a nonpartisan body.
• 📊 Gerrymandering often results in districts designed to favor one political party, which can reduce the incentive for compromise among representatives.
• 🗨️ The speaker invites viewers to share their thoughts on the proposed 28th Amendment and encourages engagement through comments and subscriptions.

Q & A

What are the two main stages of the amendment procedure in the U.S. Constitution?

The two main stages are proposal and ratification.

How can an amendment be proposed in Congress?

An amendment can be proposed by a two-thirds majority vote in both houses of Congress or by a constitutional convention called for by two-thirds of state legislatures.

What is the requirement for ratification of an amendment?

An amendment must be ratified by three-fourths (34) of the state legislatures or by conventions in three-fourths of the states.

What does the term 'federalism' mean in the context of the amendment process?

Federalism refers to the division of power between the federal government and state governments, where the federal government proposes amendments, but states have the authority to ratify them.

Can you provide an example of an amendment with a long ratification period?

The 27th Amendment, which deals with congressional pay raises, was proposed in 1789 but was not ratified until 1992.

What are the four amendments mentioned that are pending ratification?

The pending amendments are: a Congressional apportionment amendment, an amendment on titles of nobility, the Corwin Amendment, and a child labor amendment.

What is the significance of the proposed 28th Amendment regarding gerrymandering?

The proposed 28th Amendment aims to take the power of drawing congressional district lines out of partisan control and assign it to a nonpartisan body to promote fair representation.

Why is the concept of a 'ticking clock' important in the amendment process?

The 'ticking clock' refers to the timeframe for ratification; while some amendments have explicit deadlines, others, like the 27th Amendment, were ratified long after their proposal without a strict time limit.

What are the implications of having partisan control over congressional district lines?

Partisan control over district lines can lead to gerrymandering, where boundaries are drawn to favor a particular political party, potentially diminishing competition and compromise in elections.

How does the amendment process reflect the challenges of changing the Constitution?

The amendment process is deliberately rigorous, requiring a supermajority in Congress and significant state support, which reflects the challenges and importance of making changes to the foundational legal document of the nation.