Introduction
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.
(i) Proposal
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.
(ii)
Ratification
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
(i)
Merits
It’s
merit is that, the constitution is in the same shape. As its forth father
brought it in 1787 at Philadelphia convention.
(ii)
Demerits
(a)
Rigid
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Presence of Repealed Parts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a part, which is repealed through amendment, is ousted from constitution.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.
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.
Image
credit: texaspolitics.utexas.edu
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