Two ways the constitution can be amended and provide and example of why the constitution would need to amended
The Constitution can be amended through two main methods: the formal amendment process and the informal amendment process.
1. Formal Amendment Process: This process involves a specific procedure outlined in Article V of the Constitution. An amendment must first be proposed, typically by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. Afterward, the proposed amendment must be ratified by three-fourths of the state legislatures or through conventions in three-fourths of the states. This process is time-consuming and deliberate, ensuring that the Constitution is protected but can still adapt to changing times.
Example: The 19th Amendment to the Constitution, ratified in 1920, is a prime illustration of the formal amendment process. This amendment granted women the right to vote. It went through the necessary proposal by Congress and subsequent ratification by the required number of states, ultimately bringing an inclusive change to the Constitution.
2. Informal Amendment Process: Informal amendments occur when changes to the Constitution take place without changes in its written words. These amendments arise through judicial interpretation, custom, and societal practices. The informal amendment process allows for flexibility and responsiveness to societal shifts while maintaining the integrity of the Constitution.
Example: One instance that showcased the need for an informal amendment was the landmark Supreme Court case of Brown v. Board of Education in 1954. The Court ruled that racial segregation in public schools violated the Equal Protection Clause of the 14th Amendment, thereby requiring desegregation. This decision brought about significant change to American society without any formal alteration to the Constitution's text.
The Constitution would need to be amended in various scenarios, such as when societal values significantly change, new technological advancements arise, or when the original framework no longer serves the needs of the nation adequately. For example, the 26th Amendment, ratified in 1971, lowered the voting age from 21 to 18 amidst the Vietnam War era. This amendment exemplifies the need to adjust the Constitution to reflect evolving perspectives and to grant equal rights to all citizens.