Two different ways constitutional amendments take place as the proposals are 2/3 each chamber in
congress
Ratification ¾ of state legislatures.
Most amendments mainly pass through process one
National constitutional convention never used. Although 1992, 32 state legislatures petitioned for
balance budget amendment.
21st amendment was ratified by ¾ of state constitutional convention
12 states could bloke a constitutional amendment from being ratified. E.g. Equal right amendment
was ratified by 35 states- three shorts of the required 2/3 majority.
Only 27 amendments from 1781 and 10 other amendments made the bill so rights.
Advantage
Supermajorities needed- support needed for change in amendment
Lengthy and complicated process- 2-way system
Both federal and state governments must agree
Voice to smaller population states- smaller states get more say
Disadvantages
Outdated provisions (electoral college)- the right to bear arms
Small, minority group could stop changes making it unfair
Lengthy and complicated prohibition- introduced amendment but repealed
Power to supreme court- interpret constitution.
Small population states are overrepresented
The bill of rights
Founding fathers made the first 10 amendments
Jefferson’s declaration of independence focused on inalienable rights of the people
UK does not have entrenched rights as the parliament can legislate to take away rights
Entrenched- cannot be changed the constriction is fundamental and cannot be infringed
Protected by the supreme courts
The four main reasons to why the constitution is difficult to amend the US constitution
congress
Ratification ¾ of state legislatures.
Most amendments mainly pass through process one
National constitutional convention never used. Although 1992, 32 state legislatures petitioned for
balance budget amendment.
21st amendment was ratified by ¾ of state constitutional convention
12 states could bloke a constitutional amendment from being ratified. E.g. Equal right amendment
was ratified by 35 states- three shorts of the required 2/3 majority.
Only 27 amendments from 1781 and 10 other amendments made the bill so rights.
Advantage
Supermajorities needed- support needed for change in amendment
Lengthy and complicated process- 2-way system
Both federal and state governments must agree
Voice to smaller population states- smaller states get more say
Disadvantages
Outdated provisions (electoral college)- the right to bear arms
Small, minority group could stop changes making it unfair
Lengthy and complicated prohibition- introduced amendment but repealed
Power to supreme court- interpret constitution.
Small population states are overrepresented
The bill of rights
Founding fathers made the first 10 amendments
Jefferson’s declaration of independence focused on inalienable rights of the people
UK does not have entrenched rights as the parliament can legislate to take away rights
Entrenched- cannot be changed the constriction is fundamental and cannot be infringed
Protected by the supreme courts
The four main reasons to why the constitution is difficult to amend the US constitution
