Describe the amendment process of the United States Constitution. How can the Constitution be changed informally?
The amendment process of the United States Constitution is outlined in Article V. It provides two methods through which amendments can be proposed and ratified. First, an amendment can be proposed by a two-thirds majority vote of both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it must then be ratified by three-fourths of the state legislatures or by special state ratifying conventions in three-fourths of the states.
This formal process has been used to amend the Constitution 27 times since its ratification in 1788. Examples of significant amendments include the Bill of Rights, which were added in 1791, and the 19th Amendment, which granted women the right to vote in 1920.
Apart from the formal amendment process, there is an informal mechanism through which the Constitution can be changed. This informal process involves interpretation by the courts, particularly the Supreme Court. Over time, the Supreme Court has interpreted various provisions of the Constitution differently, shaping the meaning and application of the law. Through landmark cases like Brown v. Board of Education and Obergefell v. Hodges, the Court has effectively changed the interpretation and understanding of certain constitutional provisions without formally amending them.
Additionally, changes in societal norms, values, and practices can also indirectly impact the Constitution. As the nation progresses and evolves, public opinion and social movements can influence how the Constitution is interpreted and the values it upholds. While these changes do not alter the text of the Constitution itself, they can shape its application and impact on society.