Thursday, August 29, 2013

Amending the Constitution

The Constitution can be changed, but it is a difficult process that requires a large majority of support. Because of this cumbersome process, as we shall see, only those changes that are supported by an overwhelming majority of Americans will become the law of the land.

The Amendment Process
Proposing an amendment
  - by 2/3 vote in House and 2/3 vote in Senate
  - by delegates at national convention called by Congress at request of 2/3 of states

Ratifying an amendment
  - requires approval of 3/4 of state legislatures
  - requires approval of 3/4 of state special ratification conventions



So, what we see is that if you want to even formally propose an amendment to the Constitution for consideration, you have to have roughly 66% of the people approve of it through their elected representatives. Then, for it actually to become law, it must be ratified by 75% of the states. (38 of 50)

Hence, there are only 27 amendments to the Constitution. Keep in mind, the first 10 were done right at the start (Bill of Rights). So really, the Constitution has been amended only 17 times in about 240 years.

Note how the amendments seem to come in spurts/phases. (See chart on p.82) This reflects the fact that the push for amendments only seems to come about after dramatic changes in American society.

Watch this video that briefly illustrates that same point. (Yes, I know its Rachel Maddow and therefore laced with bias sentiment, but get passed that to the meat of the conversation....amending the Constitution is hard)