Advantages and Disadvantages of the formal amendment process

Created by: aoife23
Created on: 21-09-23 13:56


	Advantages and Disadvantages of the formal amendment process
	Advantages Protects the constitution- The republican ideals forbidden rule such as dictatorship or monarchy are the key to the political system that the constitution created Protects states and upholds federalism- provision for a constitutional convention called by the states ensure against a veto by Congress Requires broad support- Requires genuine consensus before amended which makes sene in a country as geographically vast and politically and culturally diverse as USA Prevents ill-thought-out amendments- Only example people can think of is the 18th amendment(prohibition)	Disadvantages Difficult to amend outdated provisions or to incorporate w ideas- eg: Changing the electoral college, equal rights amendment and balanced budgets amendmnet Goes against concept of majoritarian democracy- supermajorities required to amend the constitution are undemocratic Enhances the powers of the (unelected) Supreme Court to make interpretative amendments - they have significantly altered the US constitution eg; Roe V Wade
	Evaluation Overall the constitution has many disadvantages that outweigh the advantages of the formal amendment process due to the undemocratic nature of it. Although this process protects the constitution and secures the idea of it in the first place to forbid arbitrary rule, modern democracy is based on the concept of majoritarian democracy which this process goes against, showing it as undemocratic. Alongside this the idea that nine people (Supreme Court judges) can interpret the constitution however they think is necessary is completely undemocratic and overall unfair. Showing this process has a system that does not benefit modern America in any way.

Advantages and Disadvantages of the formal amendment process

Advantages

Protects the constitution- The republican ideals forbidden rule such as dictatorship or monarchy are the key to the political system that the constitution created
Protects states and upholds federalism- provision for a constitutional convention called by the states ensure against a veto by Congress
Requires broad support- Requires genuine consensus before amended which makes sene in a country as geographically vast and politically and culturally diverse as USA
Prevents ill-thought-out amendments- Only example people can think of is the 18th amendment(prohibition)

Disadvantages

Difficult to amend outdated provisions or to incorporate w ideas- eg: Changing the electoral college, equal rights amendment and balanced budgets amendmnet
Goes against concept of majoritarian democracy- supermajorities required to amend the constitution are undemocratic
Enhances the powers of the (unelected) Supreme Court to make interpretative amendments - they have significantly altered the US constitution eg; Roe V Wade

Evaluation

Overall the constitution has many disadvantages that outweigh the advantages of the formal amendment process due to the undemocratic nature of it. Although this process protects the constitution and secures the idea of it in the first place to forbid arbitrary rule, modern democracy is based on the concept of majoritarian democracy which this process goes against, showing it as undemocratic. Alongside this the idea that nine people (Supreme Court judges) can interpret the constitution however they think is necessary is completely undemocratic and overall unfair. Showing this process has a system that does not benefit modern America in any way.

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Advantages and Disadvantages of the formal amendment process