Explain in detail the two ways the Constitution can be amended and provide an example of why the Constitution would need to be amended.
The Constitution of the United States can be amended through two distinct processes: the formal amendment process and the informal amendment process. These processes provide a means of updating and adapting the Constitution to reflect the changing needs of the nation.
1. Formal Amendment Process:
The formal amendment process is laid out in Article V of the Constitution. It requires a more lengthy and formal approach. The process involves the following steps:
a) Proposal: An amendment can be proposed in two ways:
- Congress: An amendment must be proposed by a two-thirds vote in both the House of Representatives and the Senate.
- Convention: On the application of the legislatures of two-thirds of the states (currently 34), Congress shall call a convention for proposing amendments.
b) Ratification: Once an amendment is proposed, it must be ratified by three-fourths of the states. There are two methods of ratification:
- State Legislatures: Three-fourths of the state legislatures must approve the amendment.
- State Conventions: Ratification can also occur through special state conventions, as directed by Congress. The amendment must be ratified by three-fourths of these special state conventions.
2. Informal Amendment Process:
The informal amendment process is based on practices and interpretations that are not explicitly stated in the Constitution. These amendments occur without formal changes to the document itself. Informal amendments primarily arise through:
a) Judicial Interpretation: Over time, the Supreme Court has interpreted and applied the Constitution to new circumstances. These interpretations shape the understanding of the Constitution's meaning and may effectively alter its intent.
b) Custom and Tradition: Certain customs and traditions develop over time, becoming firmly established and shaping the constitutional practice. For example, the Cabinet, political parties, and filibusters are all examples of customs that have become a vital part of the constitutional framework.
c) Legislative Action: Congress can also play a significant role through laws passed to clarify or expand upon constitutional provisions. For instance, the Civil Rights Act of 1964 solidified constitutional guarantees of equal protection and prohibited discrimination in various contexts.
An example of why the Constitution might need to be amended is the 19th Amendment, ratified in 1920. This amendment granted women the right to vote, allowing them to participate in the democratic process. Prior to its passage, women were denied suffrage, which was seen as an inequality that needed to be rectified through an amendment. This amendment was instrumental in breaking down gender-based discrimination and establishing a more inclusive and fair democratic system.