how is the constitutional principle of federalism reflected in the formal amendment process?
Federalism emphasizes the unity of the nation, as opposed to individual states' rights. A Constitutional Amendment is proposed by Congress and doesn't become law until 3/4 of the states ratify it.
http://www.archives.gov/federal-register/constitution/
The constitutional principle of federalism, which is the division of powers between the federal government and the state governments, is reflected in the formal amendment process through the requirement for ratification by the states. Here's how:
1. Proposal: The first step in the formal amendment process is the proposal of an amendment. This can be done in two ways:
a. Congress can propose an amendment by a two-thirds vote in both the House of Representatives and the Senate.
b. Alternatively, two-thirds of the state legislatures can call for a constitutional convention to propose amendments.
The proposal stage reflects federalism because it allows for input and representation from both the federal government (Congress) and the state governments.
2. Ratification: The second step is the ratification of the proposed amendment. This can be done in two ways as well:
a. The amendment is ratified when three-fourths of the state legislatures vote to approve it. Here, the state governments have a direct role in the ratification process, reflecting their importance in the federal system.
b. Alternatively, the amendment can be ratified by three-fourths of specially called state conventions, which are assemblies chosen by the people of each state. This method bypasses the state legislatures and involves a direct expression of the will of the people, which is another fundamental aspect of federalism.
The ratification stage of the formal amendment process also highlights federalism by giving the states a significant role in determining whether an amendment becomes part of the Constitution.
In summary, the formal amendment process reflects the principle of federalism by including both the federal government and the state governments in the proposal and ratification of amendments. This ensures a balance of power between the two levels of government and upholds the idea of shared sovereignty.