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Recent History of Amendments

During pres of Bill Clinyon (1993-2001), 18 votes on proposed const amendments and these votes occured during 6 year period when the Repubz controlled both houses of Congress.

Proposal to amend the Const requires a 2/3 majority in both houses -> the HoR agreed to a Balanced Budget Amend (1995) and a Flag Desecration Amendment... Senate agreed to none of these.

Hundreds of amendz were debated, only 33 passed.

During pres of George W. Bush (2001-09), 10 further attempts to amend the Const, but only 3 of 10 votes received required 2/3 maj. All these votes happened when the respective chambers were controlled by the Republicans... issues like banning flag desecration and gay marriage are supported by Repubz, whereas Demz tend to vote 'no'.

Jan 2011 - Repubz took control of HoR, numerous proposals to amend the Const were introduced at the start of the 112th Congress e.g. to balance the fed budget and control fed govt spending.

Why the Constitution has been amended so rarely

27 passed, 17 in last 220 years. WHY?

FF created deliberately difficult process - need for Cong AND states to agree AND need for super-majorities make it difficult. Hundreds initiated, v few passed.

FF created deliberately unspecific document. E.g. Cong given power 'to provide for the common defence and general welfare' of the U - enables to evolve without need for formal amendment.

Supreme Court - judicial review - interprets Const and can therefore change meaning of words written over 2 centz ago (can make 'interpretative amends) e.g. can state what 'cruel and unusual punishments' means at present.

Americans have become cautious of tampering with their Const - lesson learnt from previous amendment of prohibiting the manufacture, sale and importation of alcohol. 'Prohibition' was discredited 14yrs later and amend was repealed.

Constitutional Rights

The fundamental rights guaranteed by the federal Constitution, principally in the Bill of Rights - the first 10 amendments - but also in subsequent amendments.

Govt (fed, state or local) must ensure steps are taken to ensure the rights are effectively protected. The 3 branches play important role in this.

1st Amend: guarantees most basic fund rights - freedom of religion, freedom, press and assembly and include debates on prayers in public state schools, porn on internet etc.

2nd Amend: 'right of the people to keep and bear arms shall not be infringed' - debate of gun control.

4th Amend: right against unreasonable searches - either of yourself or property.

5th Amend: right to silence, protecting the individual from self-incrimination.

8th Amend: 'cruel and unusual punishments' not inflicted.

10th Amendment: rights over > power of fed govt in Washington DC (mod Repub Party stand up for this)

Voting rights guaranteed to minorities who had previously been discriminated against - black voters - 24th amend - 1964.