Describe the rigid procedure of amendment in USA constitution.

Headings in this question.

(1) Introduction To Amendment:

(2) Rigid Procedure Of Amendment In American Constitution:

        • (i) Amendment through American Congress.
        • (ii) Amendment through National Convention.

(3) Criticism Against Rigid Procedure Of Amendment:

        • (i)  Slow procedure
        • (ii) Presence of repealed parts
        • (iii) Non-participation of people
        • (iv) Domination of states

(4) Conclusion:


(1) Introduction To Amendment:

Constitution is either flexible or rigid. A flexible constitution is that which can be amended through an ordinary legislative procedure. Contrary to this, rigid constitution is that, which cannot be amended in an ordinary legislative procedure. American Constitution is considered a rigid constitution because it very hard to amend it.

The basic philosophy, which works behind American Constitution, is that people are sovereign. Therefore, American Constitution has been created by and for people of United States of America. American Constitution gives people of United States elected representatives. Thus, American Constitution guarantees of America power to change fundamental law through their people’s sovereignty.

(2) Rigid Procedure Of Amendment In American Constitution:

Procedure of amendment in American Constitution is very rigid. Due to such rigid procedure, it is difficult to amend American Constitution. Under American Constitution, following two procedures have been provided to bring about amendment in American Constitution:

  • (i) Amendment through American Congress.
  • (ii) Amendment through National Convention.

(i) Amendment Through American Congress:

Both the House of Representatives and Senate can approve joint resolution through two third majority so as to bring an amendment to American Constitution. Such amendment although does not require approval of American President, yet it requires ratification of states of federation.

(ii) Amendment Through National Convention

Two third of state legislatures can propose American Congress to call a National Convention to amend American Constitution. Through such convention, American Constitution can be amended.

(3) Criticism Against Rigid Procedure Of Amendment:

Procedure for amending American Constitution is really very rigid. Therefore, this procedure has to face following criticism:

  • (i)  Slow procedure
  • (ii) Presence of repealed parts
  • (iii) Non-participation of people
  • (iv) Domination of states

 (i) Slow Procedure

With the passage of time, needs change, and it becomes necessary to amend law or constitution so as to meet these ever changing needs. But the procedure for amending American Constitution is slow. Due to its slowness, it is usually fails to bring about the amendments in time to meet when ever changing needs.

(ii) Presence Of Repealed Parts:

Contrary to this, repealed parts are kept inside American Constitution and new amendments are described in the end of American Constitution. Such the situation makes it difficult to understand that what parts have been repealed and what amendments have been made.

(iii) Non-Participation Of People:

No political party discusses its proposals for amending American Constitution during election campaign. In this way, the Americans are kept away from this procedure of amending American Constitution.

(iv) Domination Of States:

American Constitution is a federal constitution. As far as its amendment is concerned, states have been given too much role as far as its amendment is concerned. Such domination of states creates those complications, which always prove inconvenience to amend American Constitution.

American Constitution is a federal constitution. As far as its amendment is concerned, states have been given too much role as far as its amendment is concerned. Such domination of states creates those complications, which always prove inconvenience to amend American Constitution.

(4) Conclusion:

To conclude, it is stated that a number of amendments have been made to American constitution since its origin. However, such large number of amendments is not a proof that procedure for amending American Constitution is very simple and easy. The reality is that most of these amendments have been made due to social, economic and political changes.

 

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