Explain the advantages and disadvantages of the process of amending the US constitution

However a counter argument is that it is too hard to bring the constitution up to modern values because of how difficult it is to pass amendments, amending the constitution require two-thirds majorities in both houses plus the approval of 3 quarters of the state legislatures, these requirements are very demanding. This makes it hard for even popular reforms to be made, such as the Equal Rights Amendment. There are also a number of articles of the constitution that are seen as outdated, particularly the 2nd Amendment – the right to bear arms.  Arguably, this amendment was added because there was a fear of British invasion, and the Framers wanted a militia to be able to fight off the British. Since this is very unlikely to happen now this shows that this amendment is outdated. The other justification for the 2nd Amendment is so that the people could protect their rights – the framers believed that the people needed weapons to overthrow an oppressive government, but then again this only argues that the amendment is obsolete in this day and time, what use are rifles against a government wielding nuclear weapons? However, since there is widespread support for this amendment, it shows that it is democratic, and that the constitution is legitimate.

An argument that supports the process of amending the constitution is that it is still an efficient and democratic system. The US constitution is the worlds oldest functioning example, and for a country as complex as the US, this in itself is a great achievement. The system of amending the constitution is democratic as it requires two-thirds of the House of Representatives and the Senate’s majority, as both these institutions are mostly elected by the people, gaining their approval makes the process legitimate.  On the other hand, the constitution does have undemocratic elements. When the constitution was written the slave trade was in full swing, and the Framers did not attempt to tackle this whatsoever. However this was because the Southern states relied heavily upon the slaves, and the Framers knew that to get the constitution ratified they would need the support of the Southern states. The turnout of congressional elections have also been quite low in recent times, in 2010 the turnout combined of people who voted in congressional elections was 41.7%. Voter turnout is one of the most important factors when assessing the legitimacy of an elected institution, a low turnout means that many people did not vote for the representative or senator, and that means that it cannot be democratic. This is a big disadvantage as it will mean that the process of amending the constitution could be undemocratic.