⇒ President Ford once said "our Constitution works"
⇒ The constitution is a document that embodies the fundamental laws and principles by which the United States is governed. Its main functions are to protect rights, prevent tyranny and ensure the smooth running of government
⇒ 1. The proposal stage - the proposal stage is where Congress proposes amendments, a 2/3 majority in both houses must vote in favour for it to pass to the ratification stage
⇒ 2. The ratification stage - at this stage the amendments are ratified by state legislatures. ¾ of state legislatures must vote in favour for an amendment to pass (e.g. guaranteeing equal rights for women failed in 1982 after falling 3 states short of the required amount for ratification)
⇒ Founding Fathers made it deliberately difficult. For both houses of congress to agree is nearly impossible
⇒ The Founding Fathers created an unspecific document (Congress is given power 'to provide for the common defence and 'general welfare' of the US')
⇒ The Supreme Court power of judicial review - allows the court to interpret the Constitution and change the meaning of certain words e.g. the court can state what the phrase in Amendment VIII which forbids 'cruel and unusual punishment' means
⇒ Americans hold their Constitution to a degree of veneration
⇒ Only 17 amendments have been passed in the last 210 years
⇒ Bennett: "The Constitution has proved amazingly robust and adaptive"
⇒ System cannot be abused by the current party/president in power - amendments need very widespread support (e.g. Senate blocked a constitutional amendment banning same-sex marriage which had the backing of George W. Bush)
⇒ Protects Americans rights and civil liberties because of the supermajorities (e.g. 2nd amendment is protected even though, for instance, Obama wanted to change gun laws)
⇒ Fair share of power (2/3 of both Congressional houses and ¾ of state legislatures must agree to the amendment)
⇒ Continuity and tradition
⇒ Fossilisation - the amendment becomes outdated because of its difficult amendment procedure. It can't keep up with social change and offers no protection fo gay or trans rights etc.)
⇒ Gives unelected judges too much power because of their power to interpret amendments.
⇒ Partisanship prevents any change i.e. it gridlocks Congress, so prevents social progress
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