Sunday, September 16, 2012

B6


a. There are four ways of formally adding amendments to the Constitution, for there are two different methods of proposal and two different methods of ratification. One method of proposal is that two-thirds of the state legislatures request for Congress to call a national convention. At this national convention, or meeting of state representatives, an amendment may be proposed. An amendment can then be ratified by three-fourths of the state legislatures.

b. One informal way of changing the constitution is the Supreme Court's power of judicial review, the right to decide whether the actions of the executive and legislative branches agree with the Constitution, and are therefore legal. Judicial review is an informal method of changing the Constitution over time, for the Constitution never clearly states that the Supreme Court has such power. The 1803 case of Marbury v. Madison was the first case in which the Supreme Court realized and exercised this power, and the first case in which the federal court declared an act of Congress illegal. Another informal way of changing the Constitution is by altering political practice, or the components of the government. An example of this is the development of organizations that aim to gain influence in government, or political parties. When the Constitution was written, political parties did not exist. However, over time political parties have taken root and now greatly influence the policy-making process.

c. Informal methods are used more often to change the constitution than the formal amendment process because informal methods take less time to reach approval. Informal methods rely on the interpretation of the constitution, and therefore yield more flexibility among government. This allows for the process to be quicker. The amendment process, on the other hand, involves proposals and ratifications by many state legislatures or a majority of Congress. This process takes more time, effort, and cooperation: a combination that is difficult to come by in politics. 


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