Question:
Why is the "usual" method of amending the US Constitution the most common one?
2012-10-06 19:07:02 UTC
26 out of 27 amendments to the US Constitution were through the same way, out of 4 possible methods. Proposed by Congress with a 2/3 majority vote in both houses, then ratified by 3/4 of the State legislatures. Why is this method used so much more than the 3 other possible methods?

3 other methods:

Proposed by Congress with a 2/3 majority vote in both houses -> ratified by conventions in 3/4s of the states.
Proposed at a national convention called by Congress when requested by 2/3s of the State legislatures -> ratified by 3/4 of the State legislatures.
Proposed at a national convention called by Congress when requested by 2/3s of the State legislatures -> ratified by conventions in 3/4s of the states.
Four answers:
Stephen Y
2012-10-06 19:20:54 UTC
The explanation is basic politics. The legislature exist and are the natural centers of political activity. The people involved with the legislatures are the ones who would be involved in calling the conventions. Trying to bypass these existing structures would be a nightmare.



If the will to amend exists the legislatures will vote for it and the other methods require special conventions.
2016-02-22 01:01:13 UTC
Umm, theoretically you could make an amendment that states something like: "If the Executive, Judicial and Legislative branches, with the knowledge and support of two thirds" (or something like that) "of the people, determines the Constitution to be of too great a danger to the welfare of the United States of America and must be replaced, these branches may institute a new document with its own parameters in similar procedure to the formation of an ammendment." There are things in the Constitution that limit the government's ability to inflict such an action (it expects government subservience to the document), but if this amendment were in place THEORETICALLY yes.
Kevin
2012-10-06 19:15:27 UTC
Because a Constitutional Convention opens a huge can of worms. Imagine if you're a liberal, and suddenly there is a huge push at The Convention to have a Constitutional Amendment banning ALL abortions. Or let's say you're a conservative and there is a push for a Constitutional Amendment making gay marriage the law of the land.



The way The Constitution is now amended is hard. It's hard because it SHOULD be hard!
Mr Placid
2012-10-06 19:24:31 UTC
Why is the "usual" method (flying) for getting from Los Angeles to Tokyo the most common one? Because out of all the other methods (boat, swim, snorkel, submarine, space shuttle) flying is the easiest.


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