Explain, with examples, why it is difficult to amend the US constitution. (20)

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Explain, with examples, why it is difficult to amend the US constitution. (20)

The American constitution was introduced by the Founding Fathers in 1787. It was intended by its founders to be a difficult process in amending it in order to protect the people from amendments passed by politicians to enhance their own power. Therefore proposals for constitutional amendments is based on a two stage process; the stage of proposals, backed by a majority and later ratification also backed by a majority.

Proposals for constitutional amendments introduced by congress require a ⅔ majority in both houses and at the ratification stage require a ¾ majority of the state legislature. However, there is also an alternative method where amendments can also be introduced by a National Constitutional Convention. This is called by congress at the request of ⅔ of the state legislature, whereby ¾ of the states have to hold conventions and vote to ratify it. Consequently proposals have to have a ‘super majority’ to get through the first stage let alone the second. Most of the amendments have been introduced by congress; a National Constitutional Convention has never been held but was close to being held in 1992. 32 state legislatures had wanted congress to propose a convention on a Balanced Budget Amendment; however, it was unsuccessful as it was only 2 states short of the required ⅔ majority.

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At one stage in politics, when the Republicans dominated both houses of congress over a duration of 6 years (1995-2001) 17 constitutional amendments were proposed. As they required a ⅔ majority to be successful, the House of Representatives agreed to the Balanced Budget Amendment (1995) and the Flag Desecration Amendment (1995, 97, 99) but the senate didn’t agree. The Balanced Budget Amendment was short of one vote to complete the ⅔ majority and the Flag Desecration Amendment only 4votes. Therefore the procedure is strictly controlled and is somewhat difficult to amend the constitution, even in the stages of proposition ...

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