Amending the Constitution (Edexcel A Level Politics): Revision Note

Amending the Constitution

• The amendment process is the formal method by which the US Constitution can be changed and is outlined in Article V

  • The process is deliberately difficult

  • This reflects the desire of the Founding Fathers to protect the Constitution from frequent or partisan change

Stage 1: Proposal of an amendment

• An amendment must first be proposed before it can be ratified

Stage 2: Ratification of an amendment

• Once proposed, an amendment must be ratified by the states

  • Ratification requires approval from three-quarters of the states

  • This can occur through state legislatures or state constitutional conventions

Effectiveness of the amendment process today

Why is a complex and difficult amendment process a good thing?

• The process ensures broad consensus across the US by requiring supermajorities

  • This protects against tyranny and rash change made in response to short-term national circumstances

• The Constitution can still be interpreted through the judiciary, which is neutral and independent

Why is a complex and difficult amendment process a bad thing?

• There have only been 27 amendments over nearly 250 years of US history

• This suggests the process is too difficult

• Outdated parts of the Constitution can remain in place

  • For example, the right to bear arms

• Because the formal process is so difficult, it allows the Supreme Court to become very powerful

• The Court becomes the branch that interprets the Constitution

• Supreme Court justices are unelected and unaccountable to the public