Amending to the United States Constitution serves to be politically arduous within the contemporary generation today, as the stakes are low regarding which amendment will succeed through the amendment process. The Constitution ratified in the year 1788 serves to be a creed laid out by the Founding Fathers of America in the hope of establishing a country based on independent grounds capable of serving political and social values. The framers established the constitution within the grounds of law and order as it is composed of 27 amendments that mark political and social rights held by every individual. For example, the first ten amendments serve to be specific rights ratified in order to protect individual liberties (Sidlow and Henschen 42-43). …show more content…
Former Court Justice John Paul Stevens who served on the Supreme Court argues regarding amending the Constitution to promote democracy and rights (Posner, Slate.com). However, enacting new amendments to the Constitution is highly impossible today due to the rules established under Article V. Article V calls for an amendment to be proposed by two-thirds majority vote in the Senate and in the House or through a convention called in by the Congress after a request from the two-thirds votes by the states (Posner, Slate.com). This serves to be the first part of the amendment process if an amendment succeeds in the first stage it moves on to the second stage. Which requires three-quarters of votes from the 50 states in order to be enacted as an official amendment (Posner, Slate.com). The framers decided on the strict enforcement of Article V, as they believed in the ideology of stability, which would allow the government to function properly. Therefore, Sanford Levinson, a Constitution Scholar of the University of Texas refers to Article V as an “iron cage” which locks in any reforms needed to the Constitution regarding important political and social issues (Black, MinnPost.com). Notably, one significant example regarding the difficulty of amending to the constitution serves to be the Equal Rights Amendment, which failed due to the requirements addressed …show more content…
Considering the political issues today same-sex marriage controversy serves to be significant as it has not been able to reach its height at the national level. As only 36 states out of 50 legally approve of same-sex marriage (Fausset and Blinder, The NewYork Times.com). Amending the Constitution for same-sex marriage serves to be a huge controversy and a difficult process due to many opinions present within the political and social circuit. Another reason many citizens do not support the idea of same-sex marriage is due to traditional social beliefs and morals. For example, many Americans oppose the idea of same-sex marriage on religious grounds. Also, due to conservative beliefs many citizens have called for constitutional amendments considering marital union only between a man and a woman as appropriate (Fausset and Blinder, The NewYork Times.com). Just as Brian S. Brown, the president of the National Organization of Marriage stated the following in a New York Times Article “The millions of people who voted that marriage is a union of a man and a woman are not simply going to throw their beliefs away. This fight will continue on regardless of which way the Supreme Court rules” (Fausset and Blinder, The NewYork Times.com). Brown implies the notion of strong beliefs and values serving as chains holding back the proposal of an amendment to the
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DBQ Essay The United States Constitution is a document that or founding fathers made in order to replace the failing Articles of Confederation (A of C). Under the Constitution, the current government and states don’t have the problems they faced when the A of C was in action. The Constitution was created in 1788, and held an idea that the whole nation was nervous about. This idea was a strong national government, and the Federalist assured the people that this new government would work. The framers of the Constitution decided to give more power to the Federal government rather than the state governments because the A of C had many problems, there was a need for the layout of new government, rights, and laws, and there was a need for the Federal
Comparing this to the Constitutional’s new included law, one cannot ignore nor withstand the similarities in treatment, which should be prevented by America. This can also be associated with the content in Document 1. In this excerpt, Amos Singletary passionately expressed the rhetoric question; “We fought with Great Britain…because they claimed a right to tax us and bind us in all cases…does not this Constitution do the same?” His question is in parallel to the similarities between British treatment and
The United States Constitution is a vital part of the country’s government and society. The Constitution was written in June of 1788, and it would become the center of a country. The Constitution insures the rights of all Americans, from birth to death. It also insures a strict set of rules-which can ensure justice is perused, and laws are made. The Constitution wasn’t always the center of the United States government however.
The first 10 amendments to the U.S. Constitution are collectively known as the Bill of Rights. Largely the product of James Madison, the 10 amendments officially became part of the Constitution in 1791, after being approved by Congress in its initial session in 1789. Initially, 12 amendments were adopted by Congress and sent to the states for ratification or rejection; the first two amendments were not approved, thus leaving the 10 amendments as we know them today. Madison 's speech in the U.S. House of Representatives on June 8, 1789, in which he argued persuasively for the insertion of a document to the Constitution that would protect "the great rights of mankind," still stands today as one of the most consequential speeches in the annals
Hence Federalists came up with the Bill of Rights as a way to get the Constitution ratified and for people to really see a needed change. The Bill Of Rights which lists specific prohibitions on governmental power, lead the Anti-Federalists to be less fearful of the new Constitution . This guaranteed that the people would still remain to have rights, but the strong central government that the country needed would have to be approved. The 1804 Map of the nation shows that even after the ratification of the United States Constitution there still continued to be “commotion” and dispute in the country.(Document 8) George Washington stated that the people should have a say in the nation and government and everything should not be left to the government to decide.(Document 3) Although George Washington was a Federalist many believed he showed a point of view that seemed to be Anti-Federalists. Many believed that The Bill of Rights needed to be changed and modified and a new document’s time to come into place.
The Constitution, which was written in 1787, was not fully supported by the citizens of the United States (Buescher). Citizens of the United States felt that their natural rights regarding life and property were not being upheld or protected by the United States Constitution. From a response to these complaints came the Bill of Rights. The Bill of Rights, written by James Madison in 1789, holds the first 10 amendments, or alterations, to the United States Constitution. Madison, a member of the United States House of Representatives, proposed the Bill of Rights in response to requests from states and citizens who believed that the Constitution did not protect basic human individual liberties (Bobb).
On September 17th, 1787, the United States Constitution was drafted and signed by delegates of the Constitutional Convention in Pennsylvania. Shortly after, the United States Constitution was ratified on June 21st, 1788. The United States Constitution instituted America’s government and laws and pledged essential rights to all populace. The Constitution is based on a number of principles that promise people’s rights and grant for a balance amongst the different government branches. The Principles in the United States Constitution justifies that all citizens have the right to freedom and liberty; unalienable rights allow citizens to pursue their dreams while consent of the governed insures a fair government.
The first 10 amendments to the Constitution make up the Bill of Rights which was written by James Madison. He wrote The Bill Of Rights in response of calls from several states for greater constitutional protection of individual liberties. The people who signed the declaration made a promise to protect the people from the government. The colonist wanted to keep their rights because they had a fear of a tyrannical government. People believed and were taught that The Bill Of Rights came from the desire to protect the liberties won in the American Revolution.
The argument for revising Article V and making the Constitution easier to amend revolves around the idea that it is practically impossible to amend the Constitution with Article V as it currently is written. Nearly all of the 50 state constitutions can be amended under easier procedures than those in place under Article V and do not require as many obstacles to triumph. Since requiring a 2/3 majority in both the House and the Senate only completes one half of Article V, the additional condition for ratification requires ¾ of state legislatures support (75 legislative houses in 38 states), which is an extremely extensive task. This means that a proposed amendment can fail because of only 13 state legislative house in 13 different states. The
The 5th Amendment to the United States Constitution protects the people from the government who may try to debar your right to fair procedures. The right allows the people who are accused of crimes from being imprisoned without indictments and trials, where they receive the opportunity to confront their accusers. The issue in the article pertains to the inequalities that transgender people face in school. Transgenders at school are being discriminated due to their gender and are only allowed to use the facilities that match his or her gender. Therefore three plaintiffs filed a brief that asked a court to expand the protection for transgender residents.
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
The notion of a living Constitution has greatly developed the American system. It has brought innovative perspectives on how the courts should be responding to constitutional situations. As well, it creates a basis for society to grow through means of acceptance and progressive viewpoints. The constitution should not be used to fit policy outcomes, and that would be the intent originalists seem to push for. Furthermore, there are two distinct reasons why the argument for the living constitution is stronger then the argument for the original intent.
A constitution is the fundamental law by which a nation or a state is governed and organized. It establishes the framework of government, delegates the powers and duties of governmental bodies, and defines the relationship between the government and their citizens. Texas current constitution was adopted in 1876, and since then Texas voters have approved more than 467 amendments to this document. The word “amendment” is defined as the act or process of changing the words or the meaning of a law or document (constitution). Throughout this essay I will explain the rules for amending the Texas Constitution, the attempts made at constitutional reforms during the 1970s, explain why constitutional reforms were attempted and why it ultimately failed.
It can be said that the methods of constitutional amendment which are used in the United States are not, apart from the initiative, peculiarly American. Amendment by action of the legislature has some similarity with the Australian system, although the two-thirds majority is certainly more common in the United States than in Australia, and the referendum is only used here for what may be described as "important" changes which go to the constitution of the legislature and associated matters. The constitutional convention, which initially was an American device, was used in Australia in the 1890's for drafting the Federal Constitution.47 Since 1973 a non-elected (should one say a "partisan"?) convention has been examining the need for reform
Established on September 17, 1787, the U.S. Constitution established America’s national government and fundamental laws, and guaranteed rights for its citizens. The Constitution also represents the value and principles of democracy and republicanism that the United States of American stands by. This means that the Constitution regards to the American citizen as something that is held to deserve meaning the importance, worth, or usefulness of something. It also means its citizens come first in order of importance. The Constitution represents the value and principles of democracy and republicanism by stressing liberty and inalienable rights as central values, making the people as a whole sovereign, rejecting inherited political power, expecting citizens to be independent in their performance of civic duties, and vilifies corruption.