Describe the methods available to amend the Constitution
In our world, things are constantly changing to be more efficient. Our government is also changing the rules we should follow to make them more effective and efficient. The United States Constitution has myriad methods to amend itself for the better. The Constitution can be amended by a vote of two thirds of both Houses of Congress or the legislatures of two thirds of the states can call a convention for proposing amendments. In order to complete both of these methods the states had to ratify the amendments.
First and foremost, one of the methods available for amending the constitution is to have a vote by two thirds of both Houses of Congress. This is when two thirds of both houses of congress call for an amendment, and need the states to ratify it. All current amendments undergo this process. This signifies the importance between the Federal government and the
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To ratify the amendment, each state could its legislature vote on the amendment or hold a different ratification convention with representatives that are chosen by the voters. Based on the amendment, the ratification process may be passed by the state legislature or state convention. All amendments are sent to the legislatures of the states. In order to pass the legislature, the vote must reach a majority.
To conclude, the United States Constitution has many flaws, that can be amended through two different methods. The Constitution can be amended by receiving a vote of two thirds of both houses of Congress. The second method would be to have a request from two thirds of state legislatures to call for a Constitutional Convention. In order for amendments to pass, they must be approved by three fourths of the states’ legislatures. The amendments can be passed through the legislature or convention of the
The amendment process as stated in the Constitution is the process that “An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.”. There are many pros and cons of the amendment process and I will discuss a few of them in this essay. In my opinion, there are more cons than pros of the amendment process. A con of the amendment process is that there isn’t much room for change as time goes on Better said as the amendments are outdated.
New York’s first State Constitution was formally adopted by the state in 1777 and like most State Constitutions in the United States, New York's Constitution tends to be more detailed, and amended more often than the United States Constitution. According to a website ("Home - NY Says Yes", 2017), New York’s Constitution has been rewritten four times and the most recent one, which we are largely still governed by today, was written in 1894. Amending the New York State Constitution can only be done with the consent of its people by using two different methods, the legislative method, and the constitutional convention method. The legislative method requires the passage of a proposed change by two consecutively elected legislatures, and then ratification
When the states were first independent, they needed a government to run the country, thus creating the Articles of Confederation. Under The Articles of Confederation, the government was feeble and the country was failing. America was in major debt due to The Revolutionary War, states weren’t paying their federal duties, and Congress was unable to tax the states, which led to the government having no money. The image depicted was Shays Rebellion. Shays Rebellion was an army of Massachusetts farmers, led by Daniel Shays, who had created a rebellion against government, angered by taxes forced upon them.
Many of the state conventions ratified the Constitution, but called for amendments specifically protecting individual rights from abridgement by the federal government. The debate raged for months. By June of 1788, 9 states had ratified the Constitution, ensuring it would go into effect for those 9 states. However, key states including Virginia and New York had not ratified. James Madison, the principal author of the Constitution, knew that grave doubts would be cast on the Constitution if those states (the home states of several of its chief architects, including Madison himself) did not adopt it.
The Constitution of the United States was written in 1787, but there was a grapple for its ratification that went on until about two decades after the ratification. Members of Congress believed that the first government of the United States or the Articles of Confederation, needed to be adjusted while others did not want anything to 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 from. Under the Articles, each state had their own laws, and the need for a new Constitution was desired by many. The Constitution of 1787 created huge debates, arguments and splits in the nation that lasted for several year after its ratification between people who
This is not something that happens frequently, and only three amendments have been fully incorporated. The cases involved typically set a major precedent and are an interesting topic to study. Incorporation Doctrine According to Cornell, “The incorporation doctrine is a constitutional doctrine through
Ratification DBQ The Constitution is a document that still stands as America’s governing body, proving its strength and ability to stand the test of time. Although some aspects of the document are debated and the argument of what is and what is not constitutional is discussed often, it has proven to be right for America and its people. However, in the late 1700s, not everyone saw the Constitution as strong and supported its state-power-heavy predecessor, The Articles of Confederation.
The Articles of Confederation was written when the United States was a fairly new country, and from the people wanting to create a different government from the king of England. Although this document respected individual rights, it was too loose of a document that could drive the country to success. After revising what they had created, the founding father of the us the created the us constitution. It was more strict, but still valued peoples rights.
Two Virginia delegates by the names, James Madison and Edmund Randolph created a new form of government and brought it with them to the Constitutional Convention to have everyone discuss it(Weatherman). They debated over at least 20 ideas including “that the legislative should consists of two branches, that a republican constitution should be guaranteed to each state and that provision should be made for the amendment of articles of union, whenever it seems necessary”(Luther).The Convention approved the Constitution, after much debate. After each of the states finally decided, the Constitution was ratified by all thirteen states(Weatherman). Amendments made it possible to change things in the Constitution. The nineteenth amendment in the United States Constitution gave women the right to vote(Nineteenth Amendment, page 1).
In order to ratify, three-fourths of all state legislatures must ratify or three-fourths must approve via Ratifying Conventions. Initiative and referendum are powers granted to the electorate by the constitution of several states and refer to the processes that allow voters to vote directly on certain legislation. They represent direct check on democracy as people can exercise their powers to accept or reject a piece of legislation. Texas does not provide for this, however, states such Arizona has initiated statues and amendments and New Mexico has referendum only. The current Texas Constitution is ridiculed by scholars as being a burden by excessive detail, outdated and contradictory provisions as well as too hard to amend and it is too unclear in outlining the separation of powers which exists in Texas.
One of the most significant weaknesses is its length and complexity. The constitution is one of the longest state constitutions in the United States and contains numerous amendments and provisions that are difficult for the average citizen to understand. This complexity can create confusion and make it difficult for citizens to engage effectively with their government. Another area for improvement of the Texas constitution is its need for more flexibility. The constitution can only be amended through a cumbersome process that requires a two-thirds vote in both the House and Senate, followed by a majority vote in a statewide election.
These authorities that the national government should have, were all up to the states to decide under the Articles. With the taking away some of the states rights in the Constitution, Anti-federalists feared that this would leave the states too weak, resulting in more problems. Under the new Constitution, many powers that were now in the government 's hands are: the power to levy and collect taxes, the power to regulate interstate commerce, the government set up a national court system consisting of district, circuit, and a supreme court, the government could enforce laws, there was now a house based on population, and a senate based on equal representation (two votes per state), to amend the Constitution, a ⅔ vote of Congress was needed, and a ¾ vote of the states were needed, and a majority rule was needed to pass bills. These new powers and abilities of the national government helped to create a strong, new
The Articles of Confederation was the first form of government of United States. The Articles of Confederation was so weak because the Federal government didn’t have the right to tax the citizen, so they would not have enough capital to pay the loan that was borrowed during Revolutionary War. Nevertheless, every amendment required all 13 states to approve, so it was so difficult to set up an amendment. Therefore, changes were almost impossible to happen. It led to the Constitutional Convention because the politician thought the Articles of Confederation was too weak, so they did need improvement.
The Constitution of the United States was formed 223 years ago. Since 1787, a lot has changed. We grew as a country, technology advanced, and we elected 43 different presidents. One of witch, being the first African-American President in history. Due to its age, some may argue that the Constitution is irrelevant to today’s problems.
Two suggestions both originate in the second article involved the presidency. One was to rid of the electoral college and the other to change the way vice presidential candidates are elected. Protecting constitutional rights is a lot more of a complicated idea than figuring out what could be changed in the Constitution. Because the text of the Constitution can often be interpreted in different ways, it is hard to decipher what the rights we exactly have