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ABA Talking Points: Constitutional Issues: Amending the Constitution




 
Speech Ideas/Talking Points

Constitutional Issues

Amending the Constitution

The Facts

1. According to Article V, amendments can be proposed by a two-thirds majority vote in Congress or at a constitutional convention called by two thirds of the states. In order for a proposed amendment to become part of the Constitution, a two-thirds majority vote in both houses of Congress and approval by three quarters of the states is required."

2. There are 27 amendments to the Constitution. The first ten amendments, known as the Bill of Rights, were ratified in 1791. Amendment XXVII, which regulates congressional pay adjustments, was ratified in 1992.

3. The Equal Rights Amendment, passed by both Houses of Congress in 1972, fell three states short of being ratified in 1982.

Discussion Questions

What is the purpose of amending the Constitution and when is it appropriate? What other means exist for obtaining the goals of a proposed amendment?

Is the process for amending the Constitution too cumbersome, lengthy, or not difficult enough?

In the last several years, amendments permitting prayer in public schools, requiring a balanced federal budget, limiting terms of members of Congress, and banning flag burning have been discussed and advocated by various groups. Are these amendments necessary? What impact might they have on how the government is run and/or on rights guaranteed in other parts of the Constitution?


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