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Amending the Constitution

Chapter 3 Section 3

Amendment Process

Founders created a Constitution that could be adapted

Amendments may be proposed and ratified in two ways

Proposing Amendments

2/3 vote in House and Senate

2/3 of states ask Congress to call a convention Only happened twice – 1963 states

petitioned or appealed for a convention Once was to propose a balanced

budget amendment

Question

In the 1970s President Carter warned a convention for a balanced budget might be “completely uncontrollable”. Think about our current political landscape, why would the President caution this?

Ratifying Amendments

Two methods for state approval ¾ of state legislatures can ratify

amendment States hold conventions and ¾ of

those approve

Who Sets the Rules?

Congress sets rules on amendment ratification Rules include time limits on

ratification

Question

With a partner, discuss a set of rules you would use for the ratification of an amendment. Create at least 3 rules.

Indirect Ways the Constitution Changes

Through law Used powers granted in the

Constitution

Through practice How branches use their power Example – House may impeach or

accuse federal officials of crimes but the Senate conducts the trial

Break

Article II of the Constitution states that an official can be removed from office if he or she is convicted of “treason, bribery, or other high Crimes and Misdemeanors”. Briefly describe behaviors you would believe to be impeachable and explain why you chose them.

Presidential Changes

Who takes over when a President dies in office? Vice President. Happened first in 1841, not

official until 1967

Presidents conduct foreign affairs by executive agreement, not the treaty process How do executive agreements and treaties

differ?

Court Decisions

What is judicial review? Process in which the courts review laws and

appointments

What is judicial restraint and judicial activism? Restraint – avoid taking the point on social

and political issues Activism – takes the point on social and

political issues

Question

Think of your prior knowledge of US History, give examples you believe illustrate judicial activism and explain why you chose it.

Change Through Custom and Use

Constitution has changed informally over time

Created to respond to the changes of the time