LSTD 510 2-1 AMENDING THE CONSTITUTION

INTRODUCTION TO LSTD 510 2-1 AMENDING THE CONSTITUTION

This Owlisdom, LSTD 510 2-1 Amending The Constitution assignment focuses on the procedures and complexities involved in amending the U.S. Constitution, using the Equal Rights Amendment (ERA) as a case study. You will explore the constitutional amendment process, examine key legal cases related to the ERA, compare state constitutional amendments, and propose your hypothetical amendment. This exercise aims to deepen your understanding of constitutional law and the factors influencing 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

Explain the LSTD 510 2-1 Amending The Constitution procedure for amending the U.S. Constitution as outlined in Article V. Compare this with the process for amending your state’s constitution.

Example

The United States Constitution can be amended through a rigorous process outlined in Article V. The process requires an amendment to be proposed either by two-thirds of both houses of Congress or by a national convention called by Congress at the request of two-thirds of the state legislatures. Once proposed, the amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states. The dual process of proposal and ratification ensures a broad consensus before any changes are made to the Constitution, reflecting the federal structure and the diverse interests across states.

In contrast, state constitutions can often be amended through more straightforward processes, including a proposal by the state legislature with a lower threshold than the federal process and ratification by a simple majority vote in a subsequent public referendum. For example, the California Constitution allows amendments by a two-thirds vote of the state legislature followed by a majority public vote or by a public initiative process.

What is the ERA’s current status?

Current Status of the ERA

Discuss the LSTD 510 2-1 Amending The Constitution’s current status of the Equal Rights Amendment, including its passage in Congress and subsequent ratification efforts.

Example

The Equal Rights Amendment (ERA), designed to guarantee equal legal rights for all American citizens regardless of sex, was passed by Congress in 1972 but has not yet been ratified into the Constitution. The amendment initially had a seven-year deadline, later extended to 1982, but failed to achieve ratification by the necessary three-fourths of the state legislatures within this period (Zarrella, 2023). Despite recent ratifications by additional states bringing the total to 38, the required number for adoption and legal and political controversies continue to cloud its status, particularly around the legitimacy of rescissions and the expired 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

Summarise the LSTD 510 2-1 Amending The Constitution rulings in State of Idaho v. Freeman and Virginia v. Ferriero regarding the ERA and Article V of the Constitution.

Example

State of Idaho v. Freeman (1982) and Virginia v. Ferriero (2021) are pivotal in understanding the legal complexities of the ERA’s ratification. In Freeman, the court held that states have the right to rescind their ratification of a federal amendment before reaching the necessary ratification threshold. Conversely, Virginia v. Ferriero tackled the modern implications of the ERA’s ratification process, including whether the archivist must certify the ERA as ratified despite the expired deadline (Suk, 2021). The court decided against compelling the archivist to certify, indicating ongoing legal debates about the procedural aspects under 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

Explore LSTD 510 2-1 Amending The Constitution and explain at least one amendment to your state’s constitution or another state if necessary.

Example

The California Constitution has been amended numerous times, demonstrating the flexibility of state constitutions compared to the federal Constitution. One notable amendment is Proposition 8, passed in 2008, which amended the state constitution to ban same-sex marriage (Stephens, 2020). However, federal courts later deemed it unconstitutional, illustrating the dynamic interplay between state and federal legal frameworks and the checks and balances inherent 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

Explain the LSTD 510 2-1 Amending The Constitution rationale behind your proposed amendment, including the issues it addresses and the intended outcomes.

Example

Given the complexities observed in the ratification debates of the ERA, a proposed hypothetical amendment could aim to clarify the ratification process for constitutional amendments. The amendment would stipulate that once Congress has proposed a constitutional amendment, states must complete their ratification process within a specific timeframe, and any state’s rescission must occur within this period. Such a measure would streamline the amendment process, ensuring clarity and efficiency in changing the Constitution.

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

Provide the LSTD 510 2-1 Amending The Constitution-specific language for your proposed amendment.

Example

“Once an amendment to this Constitution has been duly proposed, the states shall have ten years to ratify the amendment. Any rescission of ratification must occur within this same ten-year period. This period may only be extended by a subsequent amendment.”

The language addresses problems of prolonged uncertainty and legal ambiguity in the amendment process. However, it could create challenges by imposing time constraints that may pressure states and potentially lead to hurried decisions without sufficient 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

Discuss LSTD 510 2-1 Amending The Constitution, how technology can facilitate or interfere with your proposed amendment and provide recommendations to address potential challenges.

Example

Technology, especially digital platforms and social media, can significantly influence the discourse around constitutional amendments. These tools offer unprecedented opportunities for education, advocacy, and mobilisation of support. However, they also pose risks of misinformation and polarised debates. To mitigate these challenges, it would be prudent to enhance digital literacy programs and fact-checking mechanisms, ensuring that discussions about constitutional changes remain informed and constructive.

Conclusion

Summarize the LSTD 510 2-1 Amending The Constitution key takeaways from the assignment and emphasize the importance of understanding the amendment process and its implications.

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

Amending the Constitution is a complex process that balances the need for stable governance with the flexibility to adapt to changing societal values. The proposed amendment to streamline the ratification process, supported by the strategic use of technology and robust legal frameworks, aims to enhance the efficiency and clarity of constitutional amendments. The initiative underscores the ongoing evolution of American constitutional law in response to both historical challenges 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.