The Significance of the Informal Amendment Process in American Government
The United States Constitution is the supreme law of the land, and it governs everything from the powers of the president to the rights of its citizens. However, as times change and new issues emerge, the constitution’s text may need to be updated. That’s where the informal amendment process comes in – the process by which the constitution is updated through means other than formal amendment.
What is the Informal Amendment Process?
The informal amendment process refers to changes that occur to the US Constitution through means other than formal amendment. Article V of the Constitution lays out the formal amendment process, which requires a two-thirds vote in both houses of Congress or a convention called for by two-thirds of state legislatures. Then, three-fourths of state legislatures or conventions must ratify the amendment for it to become part of the Constitution.
However, informal amendments can also occur without going through this formal process. These informal changes can come about through Supreme Court rulings or legislative actions. As such, informal amendment usually involves acts of institutional behavior that change the meaning of constitutional provisions.
Examples of Informal Amendment
The most famous example of informal amendment is the process by which the US Constitution was gradually expanded to include rights for previously disenfranchised groups. For example, the Constitution made no reference to women’s suffrage until the 19th Amendment was ratified in 1920. Informally, however, women gained the right to vote much earlier, through a host of state-level legislative actions and court rulings.
Another example of informal amendment can be seen in the evolution of the US Congress. For instance, the Constitution grants the Senate the power to approve presidential appointments. However, senators have used an informal practice known as the ‘blue slip’ process to exercise an even greater level of influence over the nomination process.
Why is the Informal Amendment Process Important?
The informal amendment process is crucial because it allows the Constitution to remain a living document that can address the needs of contemporary society. By keeping the Constitution relevant, the informal process ensures that the document remains a vital factor in maintaining the stability of the US political system.
Moreover, the informal amendment process allows for a more flexible and adaptable approach to constitutional change. Through its means, changes can be made gradually, allowing for deliberation, consensus-building, and adjustment over time.
Conclusion
The informal amendment process is just as important as the formal amendment process in the American government. Through judicial decisions, legislative actions, and other means, the informal amendment process enables the Constitution to remain relevant and adaptable over time. By understanding the significance of these changes, citizens can have a fuller appreciation of how the Constitution continues to influence American democracy.
