Q. Explain the factors which make it hard to amend the US Constitution ( 15 Markss ) To amend the US Constitution. a measure has to travel through a two-stage procedure: proposal and confirmation. The proposal phase has to hold two tierces bulk in both the House of Representatives and the Senate. Every successful amendment has started this manner and even the failed 1s. A proposal can besides be made by a Constitutional convention. which is a one-off organic structure which is put together for a specific intent. and this is called by Congress on request by two tierces of the provinces. This method has ne’er been used. The job with this proposal method is that the Constitution doesn’t province how it should be done and there is no mechanism. There are. nevertheless. deductions for proposals. The Democrats and Republicans are needed for amendment proposals to win. so this means one party merely can non implement and back up a proposal. There needs to be a consensus.
This means that this ‘implication’ can convey about bipartisanship. so this means both parties can happen a common land and work together to go through the statute law. An illustration of bipartizan support is the Flag Desecration Amendment. This was an amendment that had plentifulness of bipartizan support but non plenty because it fell abruptly of one ballot. It was argued that flag profanation was taking people’s rights ( such as freedom of address ) and Senators and Politicians by and large dislike take people’s rights. This is the same for the prohibition on cheery matrimony as the Constitution shouldn’t Tell people how to take their lives. Newt Gingrich had proposed that public schools should hold supplications ( which were more likely to be Christian supplications ) but this would hold removed rights such as freedom of faith. hence restricting people’s rights.
After the proposal phase. there so is the confirmation phase. Once a measure passes this phase. it is an amendment. In the confirmation phase. the proposed measure has to be approved by legislative assemblies in three quarters of the provinces or it can be approved by province conventions called in three quarters of the provinces. The 21st Amendment. the abrogation of the prohibition on intoxicant. is the lone amendment to hold gone through the latter confirmation method. However. there are deductions for confirmation. Thirty-eight provinces are needed for confirmation. The job with this is that there are immense fluctuations in political civilization of states-the South is known to be Conservative. North East or West Coast is known to be liberal/Cosmopolitan. North is known to be urban and industrial and the Midwest is known to be rural and agricultural.
Therefore. with the differences in political civilization. there are demands for a countrywide consensus which can turn out hard. An illustration of this was the Equal Rights Act which failed to go through the confirmation phase as it was 3 provinces shy of the 38 needed to go through the confirmation phase. It was argued that there was already the 14th Amendment which states the Equal Opportunities Act. But the Equal Rights Act failed because it ran out of time- there was a 7 twelvemonth clip bound and it took 10 old ages. The amendment procedure takes topographic point contemporaneously. intending it is based on issues go oning at the minute. There was besides an economic factor which was said to forestall this Act from go throughing. Large concerns would hold had to pay out more to guarantee both male and females received equal wage.
Often these corporate companies would hold connexions to politicians themselves. to oppose the Act because the concerns had entree to them and force per unit area groups did non. The force per unit area groups weren’t every bit powerful as their oppositions. The Judiciary and President officially have no portion in the procedure. However. the President can hold an influence over it. But he has no power or right in the amendment procedure. It can be said the Establishing Fathers have made the amendment procedure hard because they wanted to protect the fundamental law and the rights of citizens against over mighty authoritiess and ambitious politicians. It was to besides guard against the subjugation of a bulk. or even a minority. Compared with the British Constitution. where Parliament can amend the fundamental law with a simple Act of Parliament. the US Constitution is more hard because major constitutional alterations can merely take topographic point if there is a wide consensus both in Congress and across the assorted provinces.