The Formal and Informal Methods to Amending the United States Constitution
The United State Constitution has endured for more than two centuries. As the framework of government while other governments have been formed and dissolved within the same time frame. The United State Constitution has endured because of the constantly changing interpretations being inforced by. The courts within modern society. Another reason the United State Constitution has endured was because of its ability to be amended to accommodate the modern times and values. As ratified by three-fourths of the states, as stated in Article V.
There are two formal methods to amending the United State Constitution. The first method to amend the Constitution is for a bill to pass both Houses of Legislature, by a two-thirds majority within both. Once the bill has passed both Houses, the bill travels to the states. The second official option to amend the United State Constitution dictates for a Constitutional Convention. To be called by two-thirds of legislatures of the States, and for that Convention to propose one or more amendments. The proposed amendments are then sent to the states for ratification by a three-fourth majority vote.
However, the formal methods provided within Article V of the United State Constitution. Are not the only methods to amend the Constitution. One informal method includes Congressional Legislation. Using the flexible framework of government designed by the writers of the Constitution, Congress has elaborated the fundamental laws of the Constitution by adding details to the framework in the form of new legislation. An example of Congressional Legislation includes manipulating the dictation of the Constitution, which states "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may, from time to time, ordain and establish," to establish 12 Circuit Courts of Appeal, 91 Federal District Courts within the United States, as well as numerous other courts for specialized matters (such as military affairs).
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Another informal method to essentially amending the United State Constitution is by the use of Congressional Interpretation. Congress has assumed the role in determining the original intent of the framers' words and law. This has resulted in continuous interpretations of fundamental laws in accordance with modern societal standards. Congressional Interpretation has been exemplified by the loosely interpreted Commerce Clause in the passing of many bills; it has passed bills relating to speed limits on interstate highways, either to establish a nation maximum speed or to return that authority to the individual states.
The informal methods available to amend the United State Constitution have been favored when the Constitution has been amended. One reason informal methods have been preferred to formal methods to amend the Constitution is that while the Constitution has been slightly altered, the Constitution has not actually been completely reevaluated. This will ease the process and shorten the time frame necessary to amend the Constitution with the purpose of remaining powerful in society. And irst method to amend the Constitution is for a bill to pass both Houses of Legislature, by a two-thirds majority within both.
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The Formal and Informal Methods to Amending the United States Constitution. (2023, Feb 17). Retrieved from https://phdessay.com/the-formal-and-informal-methods-to-amending-the-united-states-constitution/
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