Explain in detail the two ways the Constitution can be amended and provide an example of why the Constitution would need to be amended.
Please feel free to use the sentence structure below!
The Constitution can be amended in two ways. The first way is_____________. The second way is_____________ An example of why the Constitution would need to be amended is______________. (Be sure to add examples here and explain in detail)
The Constitution can be amended in two ways. The first way is through a formal amendment process outlined in Article V of the Constitution. This process consists of two steps: proposal and ratification. In the proposal stage, an amendment can be proposed by either the Congress, which requires a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention requested by at least two-thirds of the state legislatures. Once proposed, the amendment goes through the ratification stage, where it must be approved by three-fourths of the state legislatures or by special ratifying conventions held in three-fourths of the states.
The second way is through the interpretation of the Constitution by the Supreme Court, a process known as judicial interpretation or judicial review. The Supreme Court has the authority to interpret the Constitution and rule on the constitutionality of laws and policies. Through landmark decisions, the Court has effectively amended the Constitution by shaping the interpretation and application of its provisions, thereby altering its meaning and impact.
An example of why the Constitution would need to be amended is to expand or modify the rights of citizens. The most notable example is the Bill of Rights, the first ten amendments to the Constitution. These amendments were added shortly after the original Constitution was ratified to better protect the individual rights and freedoms of citizens. For instance, the First Amendment guarantees the freedom of speech, religion, assembly, and the press. Over time, as societal values and understandings evolved, new amendments were added to address emerging issues or correct past injustices. For example, the Nineteenth Amendment, ratified in 1920, extended the right to vote to women, while the Twenty-sixth Amendment, ratified in 1971, lowered the voting age to 18.
Another example is the Thirteenth Amendment, ratified in 1865, which abolished slavery in the United States. This amendment was necessary to rectify the inherent injustice and oppression of slavery, which was present in the original Constitution and the compromises made during its drafting. The Thirteenth Amendment was crucial in ensuring the constitutional protection of equal rights and freedom for all individuals.
In summary, the Constitution can be amended through a formal amendment process or through judicial interpretation. Examples of amendments usually arise when there is a need to expand or modify the rights of citizens, rectify past injustices, or adapt to the changing values and understanding of society.