American Government and Politics Today, Brief Edition, 2014-2015

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CHAPTER TWo • FoRGiNG A NEW GovERNmENT: THE CoNsTiTuTioN 39


After an amendment has been approved by Congress, the process becomes even
more arduous. Three-fourths of the state legislatures must approve the amendment. Only
those amendments that have wide popular support across parties and in all regions of the
country are likely to be approved.
Why was the amendment process made so difficult? The framers feared that a simple
amendment process could lead to a tyranny of the majority, which could pass amend-
ments to oppress disfavored individuals and groups. The cumbersome amendment process
does not seem to stem the number of amendments that are proposed in Congress, how-
ever, particularly in recent years.

informal methods of Constitutional Change
Looking at the sparse number of formal constitutional amendments gives us an incomplete
view of constitutional change. The brevity and ambiguity of the original document have
permitted great alterations in the Constitution by way of varying interpretations over time.
As the United States grew, both in population and in territory, new social and political
realities emerged. Congress, presidents, and the courts found it necessary to interpret the
Constitution’s provisions in light of these new realities. The Constitution has proved to be a
remarkably flexible document, adapting itself time and again to new events and concerns.

Congressional legislation. The Constitution gives Congress broad powers to carry
out its duties as the nation’s legislative body. For example, Article I, Section 8, of the

TABlE 2–2: Amendments to the Constitution


amendment
subject

year
adopted

time required
for ratification
1st–10th
11th
12th
13th
14th
15th

16th
17th
18th
19th
20th
21st
22d
23d
24th

25th

26th

27th

The Bill of Rights
Immunity of states from certain suits
Changes in electoral college procedure
Prohibition of slavery
Citizenship, due process, and equal protection
No denial of vote because of race, color, or previous condition of
servitude
Power of Congress to tax income
Direct election of U.S. senators
National (liquor) prohibition
Women’s right to vote
Change of dates for congressional and presidential terms
Repeal of the Eighteenth Amendment
Limit on presidential tenure
District of Columbia electoral vote
Prohibition of tax payment as a qualification to vote in federal
elections
Procedures for determining presidential disability and presidential
succession and for filling a vice-presidential vacancy
Prohibition of setting the minimum voting age above eighteen in any
election
Prohibition of Congress’s voting itself a raise or cut in pay that takes
effect before the next election

1791
1795
1804
1865
1868
1870

1913
1913
1919
1920
1933
1933
1951
1961
1964

1967

1971

1992

2 years, 2 months, 20 days
11 months, 3 days
6 months, 3 days
10 months, 3 days
2 years, 26 days
11 months, 8 days

3 years, 6 months, 22 days
10 months, 26 days
1 year, 29 days
1 year, 2 months, 14 days
10 months, 21 days
9 months, 15 days
3 years, 11 months, 3 days
9 months, 13 days
1 year, 4 months, 9 days

1 year, 7 months, 4 days

3 months, 7 days

203 years

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