How Our Government Works: Constitutional Amendments
By Chuck Hyde, Editor of StandBesideHer.com
The Constitution of the US and the constitutions of the states are not carved in stone, they can be amended to adapt to changing times. The means for this change vary from federal to state constitutions and from state to state.
The US Constitution is changed according to a process outlined in Article V of the constitution itself. The Article states:
“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.” In short. The typical means for changing the constitution is to have two thirds of the US House of Representatives and two thirds of the US Senate propose a new amendment and then three fourths of the 50 states must ratify, or okay, the amendment at which time it amends the Constitution.
To date we have 27 amendments to the US Constitution. The first ten amendments are called the Bill of Rights and were ratified together on December 15, 1791. The Bill of Rights set the basic rights we enjoy today such as free speech, freedom of the press, freedom of religion, right to bear arms, speedy trial, protection from cruel and unusual punishment, and powers granted to states among other rights. The 27th amendment was the last to date and was ratified on May 7, 1992 and stated that Congressional pay raises cannot take effect until after the next election. A recent amendment that has not been ratified is the Equal Rights Amendment that guarentees equal rights to women, first proposed in 1923, the ERA has yet to be ratified, to date getting only 35 of the 38 states needed to ratify it. One amendment has repealed, or reversed, another amendment. The 18th amendment abolished the manufacture, sale, or transportation of liquor. This set the stage for prohibition during the 1920’s and early 1930’s. In 1933 this amendment was repealed by the 21st amendment.
State constitutions are amended differently and vary from state to state. Often the process is by petition to get the amendment on the ballot and then ratified by vote of the people. For information on your individual state it is encouraged that you research the state you live in.
One final note on voting on state amendments. Read the amendment carefully and research the pros and cons before going to vote. While these amendments are written to be clear, what’s clear to a government beurocrat and what is clear to voters can be diffirent. Sometimes the amendments can be hard to understand and people have voted one way and found out later that they misunderstood it and voted the opposite of what they wanted. In other words in government speak, no doesn’t always mean no and yes doesn’t always mean yes. These amendments are often very important and quite literally change the way state governments govern. They may change anything from the tax structure, to government practices such as affirmative action or English language requirements, to hunting laws so you want to know what is in the amendment and vote the way you intended.
About The Author: Chuck Hyde is editor of StandBesideHer.com. He is also a husband and father of two teenage boys and a younger daughter. His family lives in the northern Midwestern rural United States, where they enjoy camping, fishing, and other outdoor activities together. Chuck is a Registered Nurse in an inner city emergency room and has had a lifelong addiction to politics.
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