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What Constitutional amendment process is demonstrated by judicial decisions?
Wiki User
∙ 13y ago
Informal Amendment Process
The term "Informal Amendment Process" refers to changes in the interpretation or application of the Constitution by expanding constitutional rights (such as voting) to include groups that were previously excluded. These changes often occur as the result of judicial decisions, usually by the US Supreme Court or by Congressional legislation not struck down as unconstitutional. It is important to note that the "Informal Amendment Process" doesn't actually change the Constitution, just its interpretation, which is in a constant state of flux due to evolving (or devolving) sociopolitical conditions.
Formal Amendment Process
The Constitution can only be changed by Amendment, which requires a two-thirds vote from each the Senate and House of Representatives, followed by ratification by 75% of the states. In practice, an Amendment is ratified when it receives its 39th state vote, assuming the vote is made within the time frame set forth by Congress (typically 7 years). Votes cannot be rescinded.
When the Constitution is Amended, the new text is added to the end of the document, and the original text, although superseded, remains intact. For example, the Eleventh Amendment (1795) revoked the US Supreme Court's right to hear disputes between a state and the citizens of another state under original jurisdiction. Congress and the states instituted the change due to the Supreme Court's decision in Chisholm v. Georgia, (1793), which held that the states lacked sovereign immunity from law suits arising from unpaid war debt.
A better known example is the 18th Amendment (1919) "Prohibition" of the manufacture, sale, and transport of alcohol, except that prescribed for medicinal purposes. The unpopular 18th Amendment was only in effect for fourteen years before being repealed by the 21st Amendment (1933).
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∙ 13y ago
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Does the judicial review give the Judicial branch the right to study precedents?
Everyone has the right to study precedents, including you. All that means is reading the written opinions (decisions) of cases that are considered guidelines for use in deciding similar cases. And yes, the justices study precedents (or make their law clerks do it). Judicial review is an implied constitutional power that allows courts to evaluate a questioned law in a case they're hearing and determine if the law is constitutional. If the justices decide the law is unconstitutional, then it's nullified and becomes unenforceable.
What is a constitutional republic?
A constitutional republic is a state where the head of state and other officials are elected as representatives of the people, and must govern according to existing constitutional law that limits the government's power over citizens. In a constitutional republic, executive, legislative, and judicial powers are separated into distinct branches and the will of the majority of the population is tempered by protections for individual rights so that no individual or group has absolute power. The fact that a constitution exists that limits the government's power makes the state constitutional. That the head(s) of state and other officials are chosen by election, rather than inheriting their positions, and that their decisions are subject to judicial review makes a state republican. Most notable example of a constitutional republic: The United States of America.
What function of government do you think is most important?
Economic decisions
What branch of government can overrule decisions made by lower courts?
Appellate courts in the Judicial Branch have jurisdiction (power, authority) to review and uphold lower court decisions on appeal.Decisions can only be enforced by the Executive Branch.
Which principles of US government best characterizes the First Amendment to the US Constitution?
the judicial branch is your answer
What are the two branches that are not involved in the amendment process?
The Executive and the Judicial branches are not involved in the constitutional amendment process.The Constitution only requires Congress and the States to take part.
What is a word that means a change to the constitution?
two-thirds of the House of Representatives and Senate must vote to change the constitution. then the amendment must be revised by the judicial branch to make sure that the amendment is constitutional
The history of judicial decisions regarding constitutional protections for prisoners is best described as ______.a.consistently restricting rightsb.continually advancing reformc.making the issue a top priorityd.producing ambiguous results?
B
Which branch of government exercises the power of judicial review?
The Judicial Branch has the power of Judicial Review. They have the ability to review decisions made by the other two branches of government, and they have to measures to allow or prevent them from occurring.
Which branch decides if a law is constitutional?
Judicial
Why was the judicial breach created?
The judicial branch determines if laws are constitutional and the structure of courts.
What are the judicial branch jobs?
the judicial branches jobs are to make sure that laws are constitutional
What is the job of judicial branch-?
The job of the judicial branch is the interpreted (example) and define the laws
What has the author Roland Case written?
Roland Case has written: 'Understanding Charter decisions' -- subject(s): Canada, Civil rights, Constitutional amendments, Constitutional law, Interpretation and construction 'Thinking about law' -- subject(s): Law 'Understanding judicial reasoning' -- subject(s): Judicial process 'The anatomy of curricular integration' -- subject(s): Interdisciplinary approach in education
Is the fourth amendment and example of judicial review?
The fourth amendment to the US Constitution deals with the rights of citizens to have due process and requires warrants for searches. Judicial review is not really relevant to this amendment.
What does a Constitutional government always include?
a judicial court
What pathway focuses on the judicial decisions?
discrimination
