Explain, in detail, the two ways the constitution can be admitted, and provide an example of why the constitution would need to be admitted
The question seems to contain confusion or a potential typo, as the term "admitted" is not typically used in the context of the Constitution. However, assuming you meant to ask about the two ways the Constitution can be amended, here is the explanation along with an example of why an amendment may be necessary:
1. Formal Amendment Process:
The first way to amend the Constitution is through a formal amendment process outlined in Article V. This process involves the following steps:
- Proposal stage: An amendment can be proposed by a two-thirds majority vote in both the Senate and the House of Representatives or by a national convention called by Congress on request of two-thirds of the state legislatures. This proposal does not require the president's approval.
- Ratification stage: After the proposal is made, it must then be ratified by three-fourths of the state legislatures (38 out of 50 states). Alternatively, it can be ratified by three-fourths of special state ratifying conventions. The President's approval is not necessary during this stage.
Example: The 19th Amendment to the Constitution, ratified in 1920, provides an example of why formal amendment was needed. This amendment granted women the right to vote. The suffrage movement, advocating for women's right to vote, gained significant momentum in the early 20th century. To secure equal voting rights, the Constitution had to be amended to accommodate and enshrine this fundamental democratic principle.
2. Informal Amendment Process:
The second way the Constitution can be amended is through an informal amendment process, whereby the meaning or interpretation of the Constitution changes over time without a formal revision. Informal amendments occur through various means:
- Judicial Interpretation: The interpretation of the Constitution by the Supreme Court can effectively amend its meaning. Court decisions, especially landmark cases, can expand or contract the scope and understanding of specific constitutional provisions.
- Custom and Tradition: Certain practices, customs, and traditions established over time can impact the interpretation and application of the Constitution. This can lead to a change in how the Constitution is understood without any formal amendment.
- Legislative Action: Congress may pass laws that clarify or expand upon constitutional provisions, influencing how the Constitution is applied.
Example: The concept of "separate but equal" was challenged by the Supreme Court's landmark 1954 ruling in Brown v. Board of Education. This case declared racially segregated public schools unconstitutional, overturning the 'separate but equal' doctrine established in the Plessy v. Ferguson decision of 1896. The informal amendment occurred through judicial interpretation, as the Court reinterpreted the Equal Protection Clause of the 14th Amendment, leading to a significant change in constitutional meaning.