LSTD 510 2-1 AMENDING THE CONSTITUTION

Introduction to LSTD 510 2-1 Amending the Constitution

In LSTD 510 2-1 Amending The Constitution course of Owlisdom, I mostly spoke about the process and the challenges of U.S. Constitution amendment using Equal Rights Amendment (ERA) as a case study. In this assignment, you will informally investigate the constitutional amendment process, identify significant legal cases on the ERA, and discuss which of the 36 state constitutional amendments addressing the ERA is most preferable. This exercise is meant to increase your knowledge on constitutional law as well as what determines legal change.

What is the procedure for amending our Constitution? How does this procedure differ from how your state’s constitution can be amended?

Procedure for Amending the Constitution

Describe the LSTD 510 2-1 Amending The Constitution procedures for amending the U.S. Constitution as per Article V, and compare this to establishing amendment procedures for your State’s constitution.

Example

Article V gives us the United States Constitution can be changed by an arduous process. However, two thirds of Congress must propose an amendment or Congress call a national convention on request of two thirds of the state legislatures. The amendment may be proposed either by the legislature or by a convention of the people of at least two thirds of the several states, whose enactment may be confirmed by the legislatures of three fourths of the several states or by conventions in three forths of the several states. As proposal and ratification entail the dual process, they allow for a broad consensus to be hidden with them while preventing changes being made to the Constitution until after broad consensus reflecting the federal structure and diversity of interests in the different states.

In contrast, the processes for amending state constitutions have been easier, and therefore easier to manipulate, including allowing such an amendment via the state legislature for a lower hurdle than does the federal process which requires adoption by the public in a public referendum following ratification by a simple majority vote. The California Constitution is a good example: Changes to the Constitution can be made with a two thirds vote of the state legislature and a majority of the people or a public initiative form.

What is the ERA’s current status?

Current Status of the ERA

Examine the LSTD 510 2 1 Amending the Constitution’s equal rights amendment from the fact that it passed congress down to the different ratification attempts.

Example

In 1972, the Equal Rights Amendment (ERA) was passed through Congress, though never ratified in the Constitution, to insure all American citizens equal legal rights irrespective of sex. First introduced in 1967 with a seven year countdown, followed by extension until 1982 and not obtaining ratification by at least a three fourths of the state legislatures before the deadline (Zarrella, 2023). So, 38 states signed on and 38 ratified, though adoption and legal and political controversies remain, including those involving rescissions and the deadline.

What did State of Idaho v. Freeman, 529 F. Supp. 1107 (D.Idaho 1982) and Virginia v. Ferriero, 525 F. Supp. 3d 36 (D.D.C. 2021) determines regarding Article V of the Constitution and ratification.

Legal Determinations Regarding the ERA

Review the LSTD 510 2-1 Amending The Constitution decisions made in State of Idaho v. Freeman and Virginia v. Ferriero and the ERA and Article V of the Constitution.

Example

Freeman (1982) and Virginia v. Ferriero (2021) help explain some of the legal challenges that surround the ERA’s ratification. In Freeman, the court stated that states can withdraw their ratification of a particular federal amendment before achieving the required number of ratified states. The court held that states can rescind their ratification of a federal amendment before reaching the necessary ratification threshold. Conversely, Virginia v. Ferriero brought the discussion to the present outcomes of the ERA ratification process, such as whether the archivist should recognize the ERA as ratified even though the deadline has passed (Suk, 2021). The court did not force the archivist to certify, thus reflecting further controversies concerning the statutory requirements of Article V of the Constitution.

Explore and explain at least one amendment to your state’s constitution (or that of another state if you cannot find an amendment in your home state).

State Constitutional Amendment

Discuss LSTD 510 2-1 Amending The Constitution and describe at least one amendment to your state’s constitution or another state if that is the case.

Example

State constitutions have been amended many times, this is evidence of their flexibility as compared with the federal Constitution. For example, Proposition 8, put forward in 2008, made Proposition that amended the state constitution and banned same sex marriage (Stephens, 2020). But then federal courts later found it unconstitutional, showing the way in which state and federal legal frameworks dovetailed and balanced one another in the U.S. legal system.

Reformulate what you have learned so far so that you can set forth: a.  your own proposed hypothetical constitutional amendment. Explain why this should be changed or added.  What other kinds of laws and policies need to be addressed to ensure that your proposed amendment can be assimilated properly into the body of American law?  What are you ultimately trying to accomplish, and why?  

Proposed Hypothetical Constitutional Amendment

Present the LSTD 510 2 1 Amending The Constitution rationale for your proposed amendment explaining the problems it will resolve and its outcomes.

Example

Since the complexity provoked by the ratification debates of the ERA, a suggested hypothetical amendment is serving to shed light on the ratification process of constitutional amendments. The amendment shall provide that when, during the period within which the legislative process is complete, a constitutional amendment is proposed by Congress, ratification shall occur within such period, and rescission of ratification by any state shall take place within that period. This would permit same measure as far as streamlining the amendment of the country’s constitution and ensure clarity and efficiency.

b.  the specific language that you want to see in the altered amendment.  What problems can your proposed language solve?  What problems could it worsen — or create?

Proposed Amendment Language

Specific language for a proposed amendment in the LSTD 510 2-1 Amending The Constitution.

Example

“When an amendment to this Constitution has been proposed, all the States shall be divided into three Classes, as nearly as may be equal. Ratification can only be rescinded during these ten years. Nevertheless, a subsequent amendment ‘may only provide’ for extending this period.”

The language addresses problems of prolonged uncertainty and legal ambiguity in the amendment process. Yet it poses a challenge of setting time limits, potentially placing inordinate pressure on states to act on a hurried basis without full public discourse.

Could Technology [Including, But Not Limited To, The Use Of Electronic Legal (Research Or Other Kinds Of) Tools And/Or Social Media] Help Facilitate Or Interfere With The Legal Change That You Are Seeking?  How?  If You View Technology As A Problem, Then What Recommendations Do You Have For Overcoming The Challenges That You See Relative To Your Proposed Constitutional Amendment?

Role of Technology in Legal Change

Explore LSTD 510 2-1 Amending The Constitution, discuss how technology can be used to aid or make it difficult to realize your proposed amendment, and make suggestions on how to overcome possible difficulties.

Example

There is a great ability for technology, and particularly digital platforms and social media to shape the discourse surrounding constitutional amendments. They provide unprecedented opportunity for education, advocacy and support mobilization. But they also originate misinformation and provoke polarisation in debates. To address these challenges however, digital literacy programs, and fact checking mechanisms should be boosted, so that discussions about constitutional reforms stay well informed and constructive.

Conclusion

In the assignment about LSTD 510 2 1 Amending The Constitution, summarize the key takeaways and briefly state why it is essential to understand the amendment process and what political consequences may result.

In the next module of LSTD 510 2-2, Research Paper Preparation

The process of amending the Constitution is a delicate balancing act between a need to establish stable governance, and to be able to continuously adapt to ever changing societal values. The implementation of a fast track for the ratification process brought into being by logical usage of technology and strong legal systems is intended to facilitate smooth and where possible, systematic constitutional amendments. The initiative marks the continuing evolution of American constitutional law in the shadow of both history and future opportunities.

References

Stephens, B. (2020). Where Were the States? Same-Sex Marriage Before Obergefell. In D. N. Farris & A. J. J. Bourque (Eds.), International Handbook on the Demography of Marriage and the Family (Vol. 7, pp. 273–284). Springer International Publishing. https://doi.org/10.1007/978-3-030-35079-6_18

Suk, J. C. (2021). The Equal Rights Amendment, Then and Now. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3841112

Zarrella, L. (2023). Is the Equal Rights Amendment “Lost?”: A Contemporary Analysis of the ERA. Bellarmine Law Society Review, 13(1), 9–25.