The U.S. Constitution's amendment process is a two-step procedure involving proposal by Congress or a national convention and ratification by state legislatures or conventions. It highlights the President's lack of a formal role, the unique case of the 21st Amendment, the rigorous standards for amendments, the ongoing debate over the Equal Rights Amendment, and informal changes through interpretation and practice. This process reflects the nation's ability to adapt its foundational law to changing needs and values.
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The Founding Fathers intentionally excluded the President from the amendment process to maintain separation of powers and require a broad consensus
The amendment process is primarily a legislative function, as outlined in Article V of the Constitution
The Constitution has been amended 27 times, demonstrating the deliberate and rigorous nature of the process
Amendments can be proposed by a two-thirds majority in Congress or by a national convention called for by two-thirds of state legislatures
Ratification requires approval by three-fourths of state legislatures or by conventions in three-fourths of the states
The amendment process ensures that changes reflect a consensus across the nation
The 21st Amendment, which repealed Prohibition, is the only amendment to be ratified by state conventions rather than state legislatures
The Constitution sets high standards for amendments to ensure they reflect a clear national consensus
The ERA, designed to guarantee equal rights for all citizens regardless of sex, has not been adopted due to complexities related to the ratification process and ongoing debate over its necessity