Two formal methods of proposing an amendment to the constitution


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Identify two formal methods for adding amendments to the Constitution. Describe two informal methods that have been used to change the meaning of the Constitution. Provide one specific example for each informal method you described. Explain why informal methods are used more often than the formal amendment process.

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Answer:

Explanation:

a. The two formal methods for adding amendments to the constitution are;

1) In order to add ammendment there must be 2/3rds majority vote in both houses of Congressin order to propose a Constitutional amendment and also a 3/4ths vote of the State Legislature to ratify the amendment made

2) There must be a Call for a Constitutional convention by 2/3rds of the state legislatures as well as a 3/4ths vote to also ratify the amendment made

b. The Informal methods that have been used to change the meaning of the Constitution and each of their examples are;

1) The meaning of the Constitution has been changed by Supreme Court through ruling against or in favor of a particular issue based on the Court's interpretation of the Constitution.

Through this, the meaning of the constitution has changed informally by turning it to "case

law," which sets as earlier example or guide to be considered in subsequent similar future cases.

For instance, Considering the case of Miranda v. Arizona, in the year 1996 when the Supreme court give judgement that Ernesto

Miranda constitutional rights had been denied his by the police officers who arrested him because they failed to inform him of those rights. As from that time

, all police officers were mandatory to read the Miranda Rights before a suspect can be questioned. The Constitution has formally ammended in this case because it sets as earlier example or guide to be considered in subsequent similar future cases.

2) Another example is how the Constitution has formally changed by Congressional Interpretation.

Congress has begin to play the role of determining the

intents of farmers by passing different laws.

For instance, Article 3, Section 1 of the Constitution were quoted and interpreted by the Congress in order to get the Judiciary Act of 1789, created.The Constitutions has informally changed through this.

c. Informal methods of ammendment is more practiced than formal methods because before the Constitution can be ammended popular votes needs to be acheived which is not an easy task


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