AmendingThe

constitution

Formal Amendment Process

Amendment

A written change, or addition to, the constitution

Formal Amendment

Changes or additions to that become part of the written language of the constitution

Done through one of the four processes laid out in Article V of the constitution

Formal Amendment Process

First Method

1. An amendment is proposed by a two-thirds vote in each house of congress

2. The proposed amendment must be ratified by three fourths of the state legislatures (38 state legislatures)

State legislatures are the legislative branches of State governments

*26 of the 27 amendments

to the constitution have been

ratified this way

Formal Amendment Process

Second Method

1. An amendment is proposed by a two-thirds vote in each house of congress

2. Ratified by conventions in three fourths of the states (38 states)

These conventions are held for the purpose of ratifying the proposed amendment

Formal Amendment Process

Third Method

1. Two thirds of the state legislatures may request for a national convention, called by congress

2. The amendment must be ratified by three fourths of the state legislatures (38 states)

Formal Amendment Process

Fourth Method

1. Two thirds of the state legislatures may request for a national convention, called by congress

2. The amendment must be ratified by state conventions in three fourths of the states

Formal Amendment Process

Federalism and the Amendment Process

The formal amendment process emphasizes the federal character of our government

Proposals take place at a national level

Ratification lies in the hands of the states

Formal Amendment Process

Popular Sovereignty and the Amendment Process

The constitution is ratified by representatives of the people…or is it?

Some criticize sending proposed amendments to state legislatures rather than conventions

State Legislatures- typically elected to political office for reasons such as party affiliation, name familiarity, and their stand on matters such as taxes, schools, and state welfare

Convention Delegates- chosen by the people for only one reason; whether they are for or against the proposed amendment

Formal Amendment Process

Proposed Amendments

Article V; one restriction on proposing amendments

“No State, without its consent, shall be deprived of its equal suffrage in the Senate”

• A proposed amendment that is not ratified may be reconsidered in the future

• Once an amendment is ratified, the action is final and unchangeable

• Deadlines (typically 7 years) may be placed on ratification of a proposed amendment

Over 100,000 amendments have been proposed in congress since 1789

33 of these have been sent to the states

27 have been ratified

Formal Amendment Process

27 Amendments

Bill of Rights

The first ten amendments added within three years after the constitution became effective

- Many, including Thomas Jefferson, supported the constitution only if a listing of the basic rights of the people was added to it immediately

The 10 amendments defend the freedoms of belief and expression, freedom and security of the person, and fair and equal treatment before the law

Formal Amendment Process

27 Amendments

The later amendments came about typically after a particular set of circumstances

• The 13th amendment abolished slavery after the Civil War

• The 26th amendment lowered the voting age to 18 and came about during WWII, “Old enough to fight, old enough to vote”

Constitutional Change by Other Means

Over time, many changes have been made to the constitution which have not involved any changes to its written words

Constitutional Change (other than formal amendments) take place in 5 basic ways:

1. The passage of basic legislation

2. Actions taken by the president

3. Key decisions of the supreme court

4. The activities of political parties

5. Custom

Constitutional Change by Other MeansBasic Legislation

1. Congress has passed a number of laws to spell out a number of the constitution’s brief provisions

What does this mean?

Congress has filled in the blanks in the sections that the Framers intentionally left vague

Examples:

Article III, Section 1- There will be “one Supreme Court, and…such inferior (lower) courts as the congress may…establish”

Article II- creates the offices of the President and the Vice President

2. Congress has changed the constitution by how it uses its powers

The constitution gives congress the power to regulate foreign and interstate commerce- the actions of congress, since the passing of the constitution, has established what this means

Constitutional Change by Other MeansExecutive Action

The way in which a number of Presidents have used their powers has contributed to changes in the constitution

Article 1, Section 8, Clause 3- Only congress can declare war

Article 1, Section 8, Clause 11- The President is the Commander in Chief of the nations armed forces

Several presidents, acting as commander in chief, have made war without a declaration from congress

Treaty- A formal agreement between two or more sovereign states, must be approved by the senate (Article II, Section 2)

Executive Agreement- a pact made directly between the President and the head of a foreign state

Constitutional Change by Other MeansCourt Decisions

The nations courts, primarily the Supreme Court, interpret the constitution in may cases they hear

Judiciary Review

“Landmark Cases”

Mabury v. Madison invalidated a law by declaring it unconstitutional

Constitutional Change by Other MeansParty Practices

The constitution makes no mention of political parties; however, political parties have also been the source of constitutional change

Most of the Framers were opposed to the growth of political parties

The constitution does not provide for how candidates for

President are selected

- major parties hold national conventions

- the parties have converted the electoral college

Congress is now organized and conducts most of its business on the basis of party

Constitutional Change by Other MeansCustom

Cabinet- an advisory body to the cabinet, made up of the heads of 15 executive departments

By custom, not by constitution

The Vice President has succeeded to the office President on eight occasions when the President has died in office

By custom, not by constitution until the 25th Amendment in 1967

Senatorial Courtesy- the senate will not approve a presidential appointee if the appointee is not acceptable to the senator(s) of the state affected by the appointment

By custom, not by constitution