Reasons for and against the amendment process being flawed

Too difficult to update outdated provisions - for being flawed

• supermajority requirement makes it hard to modernise the constitution

Examples

• equal rights amendment (ERA) failed despite broad support (due to strict time limits and state by state requirements. Under article V of the constitution an amendment must be ratified by ¾ of states after passing congress. Schlafly slowed the momentum with his STOP ERA campaign).

• Electoral college remains despite criticisms of fairness (Bush 2000, Trump 2016) (Hillary Clinton led DT by nearly 2.9m popular votes, trump won the electoral majority, 2000 Al Gore won popular vote by 540,000 but George W bush won presidency by the electoral college).

• Second amendment remains unchanged despite modern gun violence concerns (over 400 mass shootings in 2025, 233 K-12 school shootings 2025

Undemocratic structure - for being flawed

• small states can bock amendments, undermining majoritarian democracy.

Examples

• Just 13 states can block any amendment

• Flag Protection Amendment repeatedly failed despite majority support. (Would have give congress the power to outlaw the physical desecration or burning of the American flag). The landmark case of Texas vs Johnson US SC ruled 5-4 that burning the American flag as a political protest id a form of ‘expressive conduct’ protected by the 1st amendment. They want to bypass this ruling but they can reach the SC 2/3 supermajority.

• Population disparities mean Wyoming votes have more influence than Californias. (CA - around 40m ppl, WY - around 580,000 ppl), CA has 54 electoral votes for around 710,000 residents per electoral vote, WY has 3 electoral votes for around 190,000 residents per electoral vote.

Undemocratic structure - for being flawed

• small states can bock amendments, undermining majoritarian democracy.

Examples

• Just 13 states can block any amendment

• Flag Protection Amendment repeatedly failed despite majority support. (Would have give congress the power to outlaw the physical desecration or burning of the American flag). The landmark case of Texas vs Johnson US SC ruled 5-4 that burning the American flag as a political protest id a form of ‘expressive conduct’ protected by the 1st amendment. They want to bypass this ruling but they can reach the SC 2/3 supermajority.

• Population disparities mean Wyoming votes have more influence than Californias. (CA - around 40m ppl, WY - around 580,000 ppl), CA has 54 electoral votes for around 710,000 residents per electoral vote, WY has 3 electoral votes for around 190,000 residents per electoral vote.

Entrenches the status quo - for being flawed

• hard to reflect evolving societal values or correct injustices

Examples

• Failure to pass ERA despite changing views on gender equality (Under article V of the constitution an amendment must be ratified by ¾ of states after passing congress. Schlafly slowed the momentum with his STOP ERA campaign).

• No amendment on climate change or digital privacy

• Persistent issues with voting rights post Shelby county v Holder (2013). Restricted voting accessibility, particularly for minority and low-income voters, by paving the way for states to pass hundreds of strict new election laws without needing federal support. Although states cannot directly restrict women’s voting rights, they can find loopholes that make it harder for women to vote such as the SAVE act, the general restrictions disproportionally affect women - name mismatches ( 79% of marred women in US take their spouses name) (it has stalled in senate and not been signed into law).

Encourages gridlock and inaction - for being flawed

• bipartisan consensus is rare, making reform nearly impossible

Examples

• No amendment on campaign finance reform despite public concern

• Immigration reforms proposals never reach amendment stage.

• Gun control proposals consistently fail to gain traction. ( eg, manchin toomey background check - following the sandy hook elementary school shooting, Manchin (democrat) and Toomey (republican) introduced a compromise bill to expand criminal background checks, it failed due to overwhelming public support - fell victim to senate filibuster it got 54 votes instead of the 60 it needed.

Protects fundamental principles - against being flawed

• Prevents rash or populist changes to core democratic values

Examples

• First amendment protections upheld despite political pressure.

• Separation of powers remains intact (executive, judicial, legislative branches)

• 10th amendment preserves federalism (any powers not explicitly given to the federal government, not blocked from the states, belong to the states or people)

Ensures broad national consensus - against being flawed

• Only widely supported changes becomes permanent

Examples

• 26th amendment (1971) : lowered voting age with strong national support

• 22nd amendment (1951) : presidential term limits to 2 after FDR

• 13th amendment (1865) : abolished slavery with overwhelming support

Prevents abuse of power - against being flawed

• Entrenchment stops any one party or leader from altering the constitution for personal gain

Examples

• Trumps claim to end birthright citizenship blocked by the 14th amendment

• Nixon couldn’t override US v Nixon (1974) due to constitutional limits. It ordered him to release secret audio tapes and documents from the Oval Office (following the watergate scandal). SC ruled 9-0 against Nixon)

• Attempts to ban flag burning failed due to the first amendment protection

Preserves federalism - against being flawed

• States retain influence and autonomy in constitutional change

Examples

• states can call a constitutional convention (though rare). Official meeting authorised by article v of the US constitution to propose amendments to the nations fundamental laws.

• 10th amendment ensures state powers (federalism - shared powers between the central government and the individual state governments)

• Electoral college continued due to state support

Judicial review offers flexibility - against being flawed

• Courts can interpret the constitution to adapt to modern issues

Examples

• Bostock v Clayton County (2020) - LGBTQ+ rights expanded via interpretation (federal workplace protections for LGBTQ+ employees by ruling they’re legally protected against job discrimination.

• Carpenter v US (2018) - digital privacy protected under the 4th amendment. (the gov generally needs a search warrant to access historical cell phone location data if they don’t have a judges permission, they cannot secretly track you movements).

• NFIB v Sibelius (2012) - ACA (affordable care act) upheld through judicial interpretation.