Constitution Amendments

The formal constitutional amendment process

There are four formal methods of amending the constitution. First, the constitution may be amended through a proposal by the congress characterized by a two-thirds vote houses. It then undergoes ratification by three-fourths of state legislatures. Second, an amendment may be done through a proposal backed by a two-thirds vote in both houses and followed by ratification in three fourths of states by special conventions. Thirdly, a proposal that is requested by two-thirds of state legislatures may be proposed by a national convention provided that state legislatures then ratify it. Finally, if state legislatures request, the congress may propose an amendment at a national convention. It then requires ratification by three-fourths of all states’ special conventions.

The formal method of amending the constitution is supposed to limit the possibility of amending the constitution to situations when such an amendment would be completely important. Amendment of the constitution requires measures that are more stringent than normal legislative procedures. Stricter procedures for amending process help to enhance the stability and credibility of the constitution. The strictness of the formal constitution amendment process was intended to communicate the commitment of designers of the constitution to establish certain prohibitions, programs, procedures and rules. The amendment procedures are often complicated and specific amendment procedures may be required for specific situations and provisions.

Informal constitution amendment

The informal amendments are those changes that are made to the constitution over time without their inclusion to the written constitution. Informal amendments result from day to day operations in the government. Informal amendments arise for the various powers the constitution allocates to various areas such as the presidency and the congress. There are five informal methods of amending the constitution.

Basic legislation

The congress can pass laws to substitute certain areas of the constitution. The congress also adds to the framework of the constitution. For example, the constitution provides for the Supreme Court and any other necessary courts. This provision has been sufficient to the creation of numerous courts. This is an informal amendment to the constitution. The constitution provides for the president and the vice president. There are currently 14 executive departments. This comprises of an informal amendment.

Executive action

The president uses the powers accorded to him by the constitution to create informal amendments. A good example is the president’s declaration of war.

Court decisions

Federal courts are charged with the role of interpreting the constitution. The ruling in such cases amounts to amending the constitution including when the court declares something unconstitutional.

Party practices

Political parties are not created by the constitution. They are however present in the US government system. They Alsop guide most of the American government. For example, they elect people to run for presidency, the constitution does not provide for this. Second, the work of the congress is usually inclined along party lines. Democrats and Republicans hardly ever vote the same way.

Custom amendments

These are more like traditions that govern the rule of law. While they are unwritten, they act much like the written law. Before the 22^nd amendment of 1951, it was generally accepted that people should run for not more than two terms as president.

Constitution Interpretation

Strict construction is the principle that the constitution should not be altered but be followed to the letter. This principle holds that the interpretation of the constitution should either be done through the literal meaning or by following the intended meaning of the founders of the constitution. The principle is more likely to appreciate the informal methods of amending the constitution.

Loose construction is the principal that the constitution is dynamic and should be altered to deal with situations as they arise. This principle is likely to support both formal and informal amendments as appropriate with each situation.

I believe the times have changed. With the times, different situations other than those of the founders of the constitution exist. The constitution should be interpreted so as to deal with a present situation in the best method possible. This method appreciates change and development. I would therefore appreciate the loose construction over the strict construction.

References

West, William F. “Formal procedures, informal processes, accountability, and responsiveness in bureaucratic policy making: An institutional policy analysis.” Public Administration Review 64.1 (2004): 66-80. Retrieved from: http://www.202.154.59.182/ejournal/files/04_64_1FormalproceInfiormalProcAccount.doc

Amar, Akhil Reed. “Symposium on Philip Bobbitt’s Constitutional Interpretation.” Texas Law Review (1994). Retrieved from: http://www.law.yale.edu/documents/pdf/1994bobbitt.pdf