Lesson 4 - Amendments to the US Constitution

Summary

This lesson delves into the formal and informal methods of amending the US Constitution, exploring the advantages and disadvantages of each. It outlines Article 5's process involving proposals by Congress or a national convention and ratification by state legislatures or conventions. The informal methods include congressional action, presidential powers, and judicial review by the Supreme Court. The discussion highlights how the amendment process balances broad support, protection of rights, and societal adaptation while addressing the challenges of reflecting modern values and the potential for entrenchment of outdated provisions.

Takeaways

• 📜 The U.S. Constitution can be amended through both formal and informal methods.
• 🏛️ Formal amendment is outlined in Article 5 and requires a 2/3 majority in Congress or a national Constitutional Convention to propose, and ratification by 3/4 of state legislatures or state conventions.
• 📊 There have been 27 amendments since 1787, with the first 10 known as the Bill of Rights.
• 🌐 Informal amendment can occur through congressional action, presidential action, and judicial review by the Supreme Court.
• 🏦 The Commerce Clause is an example of how Congress has informally expanded its powers over time.
• 👨‍✈️ Presidential powers, such as those as commander-in-chief, have also been informally expanded beyond their original scope.
• 🏡 Judicial review allows the Supreme Court to reinterpret the Constitution, adapting it to societal changes, as seen in the shift from 'separate but equal' to outlawing segregation.
• 🔐 The formal amendment process ensures broad support and protects constitutional principles, but it can be slow to reflect modern values.
• 🚫 The difficulty in amending the Constitution can lead to public frustration when societal needs are not met by outdated provisions.
• 🛡️ The lengthy amendment process also entrenches individual and state rights, making it hard to change rights to reflect modern society.
• ⚖️ Judicial review can introduce new rights, like gay marriage, but these are not as entrenched as those protected by formal amendments and can be overturned.

Q & A

What are the two formal methods available for proposing an amendment to the U.S. Constitution?

An amendment can be proposed either by Congress with a two-thirds majority vote in both houses or by a national Constitutional Convention called by two-thirds of state legislatures.

What are the two methods available for ratifying a proposed amendment?

A proposed amendment can be ratified either by three-quarters of state legislatures or by state constitutional conventions, where three-quarters of these conventions must agree.

How many amendments have been added to the U.S. Constitution, and when were the first 10 amendments ratified?

There have been 27 amendments added to the Constitution since 1787, with the first 10 amendments, known as the Bill of Rights, ratified in 1791.

What is an informal method of amending the U.S. Constitution through Congressional action?

Congress can use its legislative actions to informally amend the Constitution by exploiting its vagueness to extend powers beyond those explicitly outlined, such as using the Commerce Clause to pass laws like the Affordable Care Act in 2010.

How has presidential action contributed to informal amendments to the Constitution?

Presidents have used their constitutional powers, such as the commander-in-chief role, to extend their authority beyond what was originally intended, for example, deploying troops abroad without a formal declaration of war.

What role does the U.S. Supreme Court play in informally amending the Constitution?

The Supreme Court can informally amend the Constitution through judicial review, where it can interpret or reinterpret constitutional provisions in response to societal changes, such as the decision in Brown v. Board of Education to outlaw segregation.

What are some advantages of the formal amendment process?

The formal amendment process requires broad support, ensuring there is a national consensus for changes. It protects constitutional principles like checks and balances and prevents frivolous amendments driven by temporary public opinion.

What are the disadvantages of the formal amendment process?

The formal process is lengthy and can prevent necessary changes to the Constitution, leaving it outdated. Proposals with significant public support may fail, such as the Equal Rights Amendment, which has not passed despite 78% public approval.

Why is the process of ratifying amendments by state legislatures seen as important?

Requiring the support of state legislatures ensures that individual and state rights are protected from being overridden by the federal government, preserving the balance of federalism.

How does the amendment process protect the Constitution from frivolous changes?

The amendment process is difficult to navigate, preventing changes based on transitory issues or temporary public opinion, such as a failed 1838 proposal to ban dueling, which was not included in the Constitution.