Controversies Fueled By The Constitution's Second Amendment

A constitutional amendment is a modification of the constitution of a polity, organization, or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. There are 27 amendments to the US Constitution, with the first 10 being ratified simultaneously and known as the Bill of Rights. The Reconstruction Amendments are the 13th, 14th, and 15th amendments. The 14th amendment, in particular, states that all persons born or naturalized in the United States are citizens and are entitled to equal protection under the law. This amendment has been at the heart of many controversies, including those surrounding birthright citizenship and equal protection claims. For example, the 21st Amendment to the US Constitution, which repealed the 18th Amendment and ended the prohibition of alcohol, was also controversial. In other countries, such as Turkey, constitutional amendments have sparked intense controversy, such as those that extend presidential tenure or involve allegations of electoral misconduct.

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The US Constitution amendment process

The US Constitution has been amended 27 times since it was first ratified in 1791. The authority to amend the Constitution is derived from Article V of the Constitution, which outlines the process by which amendments are adopted and through which the Constitution could be expanded or modified.

Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. The President does not have a constitutional role in the amendment process. Once proposed, an amendment becomes part of the Constitution as soon as it is ratified by three-quarters of the states (38 out of 50).

The process of amending the Constitution is not without its controversies. Some scholars argue that the Constitution was adopted without following the procedures outlined in the Articles of Confederation, which required all state legislatures to ratify amendments proposed by the national legislature. Others point out that constitutional institutions have evolved independently of judicial activity and alterations made through the Article V process, taking forms that may be inconsistent with the intentions of the Founding Fathers.

Despite these debates, the Article V amendment process is generally considered the only legitimate vehicle for bringing about constitutional change. However, there are proposals to amend the Constitution's amending procedures, and legal scholars continue to discuss the exclusivity of Article V as the means of amending the Constitution.

Controversial amendments

A constitutional amendment is a modification of a constitution, which can directly alter the text or be appended as a supplemental addition. Amendments are often controversial, as they can be seen as changing the fundamental principles of a nation.

In the United States, there have been 27 amendments to the Constitution, with the first 10, known as the Bill of Rights, being ratified simultaneously in 1791. The process of amending the Constitution is a two-step procedure, with amendments needing to be proposed and then ratified by three-fourths of the states. This process is designed to balance the need for change with the stability of the existing constitution. The last time an amendment was proposed with the necessary support was in 1978, and none have been passed in recent decades.

The 18th Amendment, which established the prohibition of alcohol in 1919, was later repealed by the 21st Amendment in 1933, the only amendment to be ratified by state conventions. The 13th, 14th, and 15th Amendments, known as the Reconstruction Amendments, are also notable, with the 14th Amendment modifying Article I, Section 2 of the Constitution, and the 12th Amendment superseding a portion of Article II, Section 1.

The process of amending a constitution varies across jurisdictions. In some countries, like Ireland, Estonia, and Australia, amendments originate as bills and become law through acts of parliament, but they may still require approval through a referendum. In the US, a proposed amendment originates as a joint resolution of Congress, which does not require the President's signature or approval.

Global attention on amendments

The First Amendment to the United States Constitution has attracted global attention due to its role in shaping religious freedom, freedom of expression, and the relationship between church and state. The amendment guarantees the freedom to exercise religious beliefs and forbids the government from promoting or restricting any particular religion. This has been a subject of controversy, with court cases such as Larson v. Valente (1982) and McCreary County v. American Civil Liberties Union (2005) exploring the boundaries between church and state. The First Amendment also protects freedom of expression, including free speech and a free press, extending to various media forms such as newspapers, books, and social media.

The First Amendment's impact on religious freedom is a significant aspect of global interest. The amendment ensures governmental neutrality in religious matters, prohibiting the government from establishing an official religion or interfering with religious practices. This has been interpreted by the Supreme Court to mean that the government must accommodate and not merely tolerate all religions, without showing hostility towards any particular belief system. The First Amendment also protects the right to free exercise of religion, allowing individuals to hold and practice their beliefs according to their conscience.

Another area of global attention is the First Amendment's protection of freedom of expression. This includes the right to free speech, which prevents Congress from restricting the press or the rights of individuals to express their views freely. The Supreme Court has consistently refused to provide greater protection to institutional media over non-professional speakers, treating all speakers equally under the First Amendment. This protection extends to various forms of media, including traditional outlets like newspapers and books, as well as modern platforms such as social media and video games.

The global significance of the First Amendment lies in its influence on democratic values and individual freedoms. As one of the foundational documents of the United States, the First Amendment embodies the country's commitment to protecting religious liberty and freedom of expression. Its interpretation and application in court cases have shaped the understanding of the separation of church and state, as well as the boundaries of free speech and press rights.

Additionally, the First Amendment has sparked global discussions and comparisons regarding the role of religion in public life and the extent of free speech protections in other countries. The amendment's emphasis on religious neutrality and equality has influenced global debates on secularism and the relationship between religion and the state. Similarly, the broad protections afforded to freedom of expression have prompted international conversations about the limits of free speech, particularly in the context of evolving media landscapes and the impact of new technologies on public discourse.

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Amendments by referendum

Constitutional amendments are generally proposed and approved by a country's legislature, but some nations require amendments to be directly approved by the electorate in a referendum. In the US, 26 states have initiative and/or veto referendum processes, and all states have at least one form of legislatively referred process. In 49 states, there is at least a legislatively referred process to amend their constitutions. In the state of Delaware, there is a possibility of legislatively referred ballot measures to pass new statutes. In all of these states except Delaware, to modify the state constitution, at least one form of ballot measure is mandatory.

In some states, such as California and Colorado, citizen-initiated amendments are considered at a particularly brisk pace. However, citizen-initiated amendments account for fewer than 2 out of every 10 amendments adopted around the country each year. In Nevada, citizen-initiated amendments must be approved by a majority of voters in two consecutive elections. In Boulder, Colorado, the first official online petition system was used to get an initiative on the ballot, with no circulators involved. Voters in the city of Boulder approved a charter amendment allowing online petitioning by a vote of 71% to 29% in 2018.

There are two methods of proposing amendments to the New York Constitution. All proposed amendments must be approved by a majority of voters in a referendum. With the legislative method, an amendment proposal must be published for three months, then approved by an absolute majority of the members of each of the two houses, and approved again in a succeeding term of the houses, with an election intervening. Finally, the amendment proposal must be submitted to the people, and for ratification, must be approved by a simple majority. With the convention method, a constitutional convention must be convened by a majority vote of voters in a general election (referendum) on the question.

The only method for proposing an amendment to the Texas State Constitution is through the legislature, either in regular or special session. Proposed amendments must be approved by a majority of voters in a referendum. A proposed amendment must be approved by an absolute supermajority of two-thirds of the elected membership of each house of the legislature. It is then submitted to the voters in an election specified by the legislature. The wording of an explanatory statement that will appear on the ballot must be approved by the Texas Attorney General and printed in newspapers. The full text of the amendment must be posted by all county clerks for 30 days before the election.

Australia and Ireland provide examples of constitutions requiring that all amendments are first passed by the legislature before being submitted to the people. In Ireland, a simple majority of those voting at the electorate is required, whereas a more complex set of criteria must be met in Australia (a majority of voters in a majority of states is also necessary). Switzerland has a procedure similar to that of Australia.

Amendments by legislation

Amendments to a constitution are modifications to the constitution of a polity, organisation, or other type of entity. They can be interwoven into the relevant sections of an existing constitution, directly altering the text, or they can be appended to the constitution as supplemental additions (codicils), changing the frame of government without altering the existing text of the document.

Constitutions typically require that amendments be enacted through a special procedure that is more stringent than the process for passing ordinary legislation. Examples of such special procedures include supermajorities in the legislature, direct approval by the electorate in a referendum, or a combination of both.

In the United States, a proposed amendment originates as a special joint resolution of Congress that does not require the President to sign and cannot be vetoed by the President. Amendments must be properly proposed and ratified before becoming operative. This two-step process was designed to strike a balance between the excesses of constant change and inflexibility. An amendment may be proposed and sent to the states for ratification by either the U.S. Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary, or a national convention called by Congress for this purpose on the application of the legislatures of two-thirds of the states. This latter option has never been used.

To become part of the U.S. Constitution, an amendment must be ratified by three-fourths of the states by either the legislatures of three-fourths of the states or state ratifying conventions in three-fourths of the states. The Twenty-first Amendment in 1933 is the only amendment to be ratified through the latter method. This amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), which established the prohibition of alcohol.

In other jurisdictions, such as Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws in the form of acts of parliament. In Ireland and Australia, amendments are drafted in the form of Acts of Parliament but cannot become law until they have been approved in a referendum. Australia and Ireland also require that all amendments be first passed by the legislature before being submitted to the people. In Ireland, a simple majority of those voting at the electorate is required, while in Australia, a majority of voters in a majority of states is necessary.

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