Amending the U.S. Constitution

The Constitution is considered as the fundamental law of the land. This holds true because it lays down the basic laws that govern governmental activities. It also provides the rights that every citizen enjoys. In addition, it serves as a guide in the policy-making of the government. Historical accounts reveal that certain provisions in the Constitution become necessary depending on the acts of the government. Through time, demands also change, and in meeting these demands, the need for change arises. Thus, the Constitution allows itself to expand by virtue of ratification or amendment.

This has been inculcated in Article V of the Constitution which states the amendment process. Constitutional Amendment Procedure In amending the Constitution, the proposal has to undergo a tough and strenuous process. By virtue of Article V, Constitutional amendment can be done in two ways and requires the process of proposal and ratification. The first way of amending the Constitution is through a proposal emanating from the Congress. When Congress wants to make amendment, the proposal shall be approved by a two- thirds vote of each house of the Congress (Oatman 9).

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If the required vote was met, the proposal will be sent to the states for ratification (Oatman 9). In the state legislature, a vote of three- fourths of the states is required for the proposed amendment to be ratified. The second way of amending the Constitution is through a proposal coming from the states (Oatman 9). In this method, two- thirds of the states need to agree on Constitutional amendment. When the required number is met, the states will request for Congress to setup a Constitution Convention where an amendment will be proposed (Vile 1).

Three- fourths of the states in the convention must ratify the proposal before it becomes part of the Constitution. During this process, the Congress specifies either to do it through legislature or through special ratifying conventions (Vile 1). In any of the processes, any state should not be deprived of their right to equal representation, unless they have consented to it (Vile 1). From the Constitutional amendment processes provided, it can be inferred that such entails majority and strong common agreement on the proposal.

In addition, in each process, the federal government plays a vital role. Thus, the Constitution itself is federal in nature (Vile 1). Reasons for Establishing the Methods for Amending the Constitution Prevention of abuse of power is one among the reasons for adopting the above stated procedures. When Article V was being deliberated in Congress, George Mason perceived that abuse of power may result if the consent or the power to propose amendment be left alone with the Congress (Labunski 127).

On the other hand, if the power to propose is granted to the states alone, they may also abuse their power, and Congress will have no way to interfere. Thus, the deliberation ended with participation of both federal and state legislature. Another reason is the prevention of other amendment processes that involve violence and chance which happened during the British era (Vile 2). Through the processes recognized by the Constitution, any proposed amendment will have to pass an “an easy, regular and Constitutional way” (Vile 2).

Thus, the established Constitutional amendment was meant to preclude abuse, violence, and by chance procedure in amending the Constitution. Successful Amendments: The 13th Amendment Among the successful and popular proposed amendment is 13th Amendment which states: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (“Constitutional Amendments”).

The said amendment further states: “Congress shall have power to enforce this article by appropriate legislation” (“Constitutional Amendments”). The amendment was proposed on January 31, 1865 and was ratified on December 6, 1865 by both North and South states of America (“Constitutional Amendments”). The impact of the amendment was overwhelming as it was as useful tool in eradicating slavery in the country. Moreover, it grants the Congress to legislate laws to enforce the first part of the amendment.

Unsuccessful Proposed Amendments: ERA There are also several proposals which did not pass ratification, such as the “Equal Rights Amendment” or ERA which was intended to establish equality of men and women (“Constitutional Amendments”). Despite its zealous purpose, the proposal was not ratified because the number of states that approved it was not met before the deadline, even if it has been extended (“Constitutional Amendments”). It seems that several states were unwilling to express equality among men and women in the Constitution.

Perhaps, the proposal failed because of its impending threat to the dominance of men. Based on the above stated, it can be clearly concluded that amending the Constitution is not an easy task. Moreover, Constitutional amendment entails the participation of all levels, from state to federal government, because of the public interest that proposals raise. Furthermore, the required vote is abundant enough to strongly establish the willingness of the majority. Conclusion The process of amending the Constitution is not an easy task, nor is the process simple.

A state that wishes to make amendments passes a strenuous procedure which starts from petitioning the Congress for a convention to ratification. The convention will not be formed if the states fail to meet the required number of states. On the other hand, the Congress, voting separately, has to meet also the required number in order to make proposals. The Congress then passes the proposals to the states for ratification. Hence, in amending the Constitution, regardless of the proponent or origin of the proposal, both the state and federal governments are involved.

Works Cited

“Constitutional Amendments” 2008. US Constitution Online. 20 August 2008 <http://www. usconstitution. net/constam. html#process>. Labunski, Richard, E. James Madison and the Struggle for the Bill of Rights: And the Struggle for the Bill of Rights. New York: Oxford University Press US, 2006. Oatman, Eric. Amending the Constitution. Pelham, NY: Benchmark Education Company, 2006. Vile, John, R. Constitutional Change in the United States: A Comparative Study of the Role of Constitutional Amendments, Judicial Interpretations, and Legislative and Executive Actions. London: Greenwood Publishing Group, 1994.

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