US Constitution and Federalism Notes

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Amendment Process

  • The US Constitution has a formal process for amending it, split into two main stages: proposal and ratification.

Proposal Stage

  1. Two-thirds Vote in Congress: The amendment must receive a two-thirds majority vote in both the House of Representatives and the Senate.

  2. National Constitutional Convention: Alternatively, two-thirds of state legislatures can call for a national convention to propose an amendment.

Ratification Stage

  1. Three-quarters State Legislatures: An amendment is ratified by a simple majority in three-quarters of state legislatures (38 out of 50 states).

  2. State Ratifying Conventions: Alternatively, it can be ratified by conventions in three-quarters of the states.

Current Statistics

  • As of now, no amendment has been proposed by a national constitutional convention.

  • Out of approximately 12,000 proposed amendments, only 27 have passed through the full process.

Key Amendments

  • Amendments 1-10 (1791): The Bill of Rights includes fundamental rights like free speech and the right to bear arms.

  • Amendments 13-15 (1865-70): Civil War Amendments abolishing slavery and guaranteeing equal protection under the law.

  • Amendments 16-26: Include various rights such as income tax, women's suffrage, and the voting age of 18.

Challenges to Amendment Passage

  • Supermajority Requirement: The high thresholds for passage at both the proposal and ratification stages create significant barriers.

  • Expanding USA Diversity: Geographical and cultural diversity complicates consensus-building on proposed amendments.

Knowledge Check

  1. Article V of the Constitution outlines the amendment process.

  2. Approximately 7 amendments have made it through the initial proposal stage without proceeding to ratification.

  3. The Bill of Rights includes the first 10 amendments.

  4. The Equal Rights Amendment is an example of a proposed amendment that has not passed.

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Barriers to Amendment Passage

  • Size of Congress: With 435 members in the House and 100 in the Senate, the required votes for two-thirds in each chamber has made consensus challenging.

  • Increased Population: The requirement shifted from needing 9 of 13 states to 38 of 50 to ratify amendments, making it notably harder.

Cultural Fragmentation

  • The USA's vast cultural diversity as identified in Colin Woodard's cultural categories highlights the difficulty of reaching consensus on amendments.

Supermajority Impact

  • The requirement for large majorities often leads to representation where minority interests can be overlooked, highlighting inherent inequality within the amendment process.

Knowledge Check

  1. 287 votes are needed in the House to pass an amendment.

  2. 38 states are required to ratify an amendment today.

  3. The difficulty in ensuring the Constitution remains up-to-date, outdated sections, and the power balance lean heavily towards the Supreme Court since amendments seldom pass.

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Supreme Court Influence

Notable Amendments Overturning Supreme Court Decisions

  • 13th Amendment: Overturned Dred Scott v Sandford regarding citizenship for African descendants.

  • 16th Amendment: Allowed Congress to levy income tax, previously invalidated by Pollock v Farmers’ Loan.

  • 26th Amendment: Overturned Oregon v Mitchell, permitting Congress to regulate voting age for federal elections.

Challenges with Formal Amendment Process

  • Outdated Constitution: Social changes are slow to be reflected in laws, exacerbated by the completely challenging amendment process.

  • Ignoring Minority Interests: The supermajority requirement often leads to majority rule, leaving minority interests unaddressed.

Judicial Power

  • The Supreme Court holds substantial interpretative power; however, it can be difficult to amend or overturn its decisions, showcasing a level of judicial supremacy.

Rights and Amendments Discussion

  • Current Events: A significant example includes the delayed adoption of the Equal Rights Amendment, with its potential to reflect modern equality issues yet failing due to supermajority difficulties.

Knowledge Check

  1. The limited power of Congress requires significant checks, and the high threshold can prevent effective governance.

  2. Supermajorities required can stifle the legislative process.

  3. Outdated constitutional elements remain, needing updating through amendments.

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Formal Processes – Advantages and Disadvantages

Analysis of Amendment Process

  • Advantages: The high bar for amendments ensures that only those with broad consensus pass through, preventing short-term or reactionary amendments. It retains the principles infused into the Constitution.

  • Disadvantages: An infrequent amendment results in a constitution that may not reflect current societal values, limiting adaptability.

Additional Considerations

  • Supreme Court Potential Overreach: The existence of the Supreme Court's vast interpretative ability can lead to definitions that may not align with contemporary values. It stands in tension with the democratic processes outlined by the Constitution.

Knowledge Check

  1. Total amendments passed in Congress and known controversies surrounding proposed changes as noted.

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Current Role of the Bill of Rights

  • The protection of individual rights remains a crucial element of American democracy.

  • Key Amendments: First ten amendments provide significant rights such as freedom of speech and assembly.

  • Interpretive Case Studies: Reference to Snyder v Phelps (2011) illustrates the ongoing significance of the Bill of Rights in contemporary issues.

Differences in Rights Protection

  • Comparison with structures in the UK demonstrates the reliance on a mix of statute law and judicial rulings to uphold rights, showing divergence in legal frameworks.

Knowledge Check

  1. Define the ‘tyranny of the minority.’ 24. Mention significant state versus federal variances in rights protections and their implications under federalism today.

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Federalism Overview

  • Definition: Federalism represents the division of powers between the federal government and states.

  • Characteristics: The key characteristic includes the 10th Amendment, enforcing the rights of states while defining the powers of the federal government.

Changes in Federalism

  • Historical Context: The evolution from dual federalism to cooperative federalism and eventually to new federalism reflects changing governance need.

Knowledge Check

  1. Describe how federalism impacts citizen governance, using examples from the 2020 elections. 26. List out the powers associated with state and national jurisdictions.

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Court Decisions and Evolving Powers

  • Cases like Boumediene v. Bush illustrate how interpretation of law can sway over executive powers, particularly highlighting separation dynamics.

National Politics Impact

  • Analyze the effects of national events such as military conflicts or presidential controversies and their impacts on the judicial balance and role within federalism.

Knowledge Check

  1. Mention key cases that define the evolving nature of federalism, and illustrate with historical examples.

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Checks and Balances Overview

  • The structure of government featuring checks balances illustrates the interplay between the branches of government to prevent abuse of power.

Legislative, Executive, and Judicial Functions

  • Each branch personnel requires acknowledgment of their interplay within constitutional roles, demonstrating intricate balances developed throughout history.

Knowledge Check

  1. Describe the checks within the legislative processes involving Congress and its functions. 29. Enumerate the methods of impeachment and controverting powers laid out through checks and balances.

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