Explain the advantages and disadvantages of the current system for amending the US Constitution (15 marks)

In this question you don’t need an introduction or a conclusion. You need 3/4 points, in rank order of importance (this can be done by using language such as ‘firstly and most importantly’) and modern examples to back yourself up with evidence.  For top marks, you should aim to criticise and rebut your own arguments. This can be done by using phrases such as 'whilst some may argue' before detailing a counter argument, before coming back to rebut why even considering this, the argument given still stands.                                                                                                               Question Plan: Disadvantage: Tyranny of the Minority In this paragraph you would focus on the idea that the respective 2/3 and ¾ majorities required to pass an amendment mean a small put passionate group can hold up change. Whilst Congress passed the super majority required in 1978 to give DC statehood and representation, the amendment expired at state level with only 16 states signing by 1985.                                                                                                  Advantage: Only meaningful change is passed through. Amendments that many would say don’t have a place in the constitution eg. Flag desecration as a felony fail to make the cut. Despite having been raised to vote in every congress from the 104^th-109^th (1995-2006) the amendment never got off the ground. Some would argue that this is due to its lack of necessity within the constitution as many would argue that if such a law is needed, it’s place should not be there.                                                            Disadvantage: Historically, prohibition shows us otherwise. The 18^th Amendment (1920) shows us that even with the restrictions in place amendments that arguably do not have a place in the constitution (something like prohibition could be organised at a state level) make their way in. Furthermore, look at the fact the 21^st amendment repealed prohibition 13 years later. This challenges the whole premise of the constitution being rigid. Whilst many could say that this hasn’t’ occurred since, it is still an important example of the disadvantages of the current system failing to do what is promises to do.                                                     Advantage: A consensus between federal and state on key principles This is important as the agreement by both states and federal government ratifying amendments is key to their success. Though there can be lose interpretation to a certain extent eg. Everyone respects the 2^nd Amendment, but California has tight laws (given a score of 81 by the Brady Campaign) where all sales must go through a licenced firearms dealer, vs Utah (0 score on brady campaign) which allows anyone to open carry a weapon without a permit. Despite the massive differences between these states, there is still a fundamental respect for the principle that in the US, there is a right to bear arms.                                                                                                                                                                                                                        Example Paragraph: Point 4 Finally, and arguably least importantly, an advantage of the current system for constitutional amendments within the United States is the consensus is brings on a state and federal level about key principles of the country. By demanding a super majority of 2/3 and ¾ respectively from federal and state governments or vice versa, the US constitution ensures that any and all amendments passed will enshrine principles held by all states, regardless of their differences. A contemporary example of this is the spectrum of gun laws held across the United States. From California, who the Brady Campaign scored 81/100 in 2017 for gun laws and access, where all deals of any kind of firearm must be carried out through a licensed firearm dealer to Utah, which scored 0/100 in the same review, where you do not need a permit to carry a weapon in open. Both of these states and all those that exist in between still allow for a fundamental enshrinement of the second amendment: the right to bare arms. Whilst this amendment to the constitution itself is controversial following the March for our Lives movement, the co-operation of state and federal on the principle right enshrined by the constitution is seen. As both the state and the federal governments co-operated to bring this amendment to fruition it is still upheld in all states in various forms.