The process of Amendment in USA constitution is so rigid. It is discussed in Article V. The proposal of amendment may be by two third majority of congress or by the two third majority of states. And it must ratify by the three fourth majority of states.
Process of Amendment
The Article V of constitution deals with the process of Amendment.
Stage of Process
There are two stages of the Amendment one is proposal and second is ratification.
When any one wants to amend something in constitution. He proposal it. There are two way of proposal
(a) By Congress
The proposal of Amendment may be by any house of the congress. And if it passed by two third majority than it send to other house. After its passed by two third majority. Than the proposal is complete by the congress.
(b) By States
The proposal may be by the two third majority of the states for amendment.
After proposal the bill ratify by the three fourth majority of the states. If it is passed by three fourth majority than acceptable otherwise null and void.
The ratification may be three types
( a) By state legislature
(b) By specific convention held in state for this purpose
Time Limit for Ratification
In the constitution, there is no time limit for ratification. It is said that one bill is ratified in eight years. After that, the time is fixed for three years.
Merits and Demerits of Process
It’s merit is that, the constitution is in the same shape. As its forth father brought it in 1787 at Philadelphia convention.
It is so rigid. Due is with only twenty seven amendment in the two hundred years.
(b) Slowness of Process
The process of amendment is so slow with that the decision which are needed instantly not decided.
(c) Conservative Process
It is the conservative process. It’s four father hot wanted is change it easily.
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
With the passage of time, need change, and it becomes necessary to amend law or constitution so as to meet these ever changing needs. But procedure for amending American constitution is very slow. Due to its slowness, it usually fails to bring about amendments in time to meet ever changing needs.
(ii) Presence of Repealed Parts
Usually a part, which is repealed through amendment, is ousted from constitution. Contrary to this, repealed parts are kept inside American constitution and new amendments are described in the end of American constitution. Such situation makes it difficult to understand what parts have been repealed and what amendments have been made.
(iii) Non-Participation of People
No political party discuss its proposals for amending American constitution during election campaign. In this way, the American are kept away from this procedure of amending American constitution.
(vi) 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.
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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