Formal and Informal Amendment Processes

The United States Constitution is designed as a flexible document in which changes are made by either formal amendments or a series of informal processes. By granting future generations the ability to alter the Constitution in order to adapt to a changing world, the founding fathers ensured that the American system of government would be a lasting achievement.

The formal amendment process consists of two stages: proposal and ratification, each of which can be completed two ways. An amendment can be proposed by either a 2/3 vote in each house of Congress or by a national convention called by Congress at the request of 2/3 of state legislatures. Proposal does not mean anything has been enacted as a law; it simply means that it is an issue worthy of serious consideration- its on the table. The Equal Rights Amendment, or ERA, is one such proposed amendment which passed this first stage but was never ratified. An amendment can be ratified by either 3/4 of state legislatures or at special state conventions called in 3/4 of the states. Ratification means that the amendment is now part of the U.S. Constitution; its the law of the land. Throughout the history of the U.S. Constitution, every single amendment has been proposed by a 2/3 vote in each house of Congress, and every amendment except one has been ratified by 3/4 of state legislatures. The exception, the 21st Amendment, was ratified by state conventions because proponents believed it would not pass through a conservative legislature.

The informal processes of constitutional change refer to unwritten practices and procedures which, when altered by changing times or needs, may affect the nature of the constitution. The concept of judicial interpretation is one such example. Judicial interpretation means that the courts decide how to interpret the Constitution when disputes arise. The case Marbury v. Madison (1803) established the concept of judicial review- the power of the courts to determine whether policy is in accordance with the Constitution. While there is no reference to judicial interpretation in the original Constitution, it has become a defining characteristic of our nation throughout the years, deciding important cases like Roe v. Wade and Brown V. Board of Education. Along the lines of judicial interpretation is a changing political scene, meaning that political traditions performed over time eventually become as good as law. Political parties were never advocated by the founders as they encouraged factions. Nonetheless, political parties, despite having never been cited in the Constitution, have become one of the most defining aspects of American political life. The Electoral College is another example. Electors almost always vote in line with the popular vote in their state. Nothing in the Constitution requires this, but it happens anyway. Lastly, a changing world- technology, international affairs, etc.- can change the mettle of the Constitution. Issues like abortion, mass media, atomic weapons, the Internet, and the emergence of the U.S. as a superpower are all things the founders never considered but which affect the Constitution even so. These practices and procedures have resulted in the establishment of an unwritten constitution- one that is as much a part of American government as the one written by the founders in Philadelphia in 1787.

Constitutional change, whether by formal or informal means, as what makes American government so unique. The U.S. Constitution is the oldest functioning constitution in the world because the founding fathers provided future Americans with the ability to change as they deem necessary. Because it is not set in stone, the Constitution has the potential to outlast time.