Formally Amending the Constitution. Formal Amendment: Changes the written word of the Constitution.
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Transcript of Formally Amending the Constitution. Formal Amendment: Changes the written word of the Constitution.
Formal Amendment process – Article V
A. 2 methods for proposal of Constitutional Amendments
B. 2 methods for ratification of Constitutional Amendments
* What does this tell us about what the Framers predicted about the Constitution?
1st method:
- proposed by 2/3 vote in each house of Congress
- ratified by ¾ of State Legislatures (today = 38 to pass)
* 26/27 Amendments have been done this way.
2nd method:
- Amendment is proposed by Congress and ratified by conventions in ¾ of the states.
* 21st Amendment was done this way.
3rd method:
- 2/3 of State Legislatures (today = 34) request that Congress calls a National Convention and an amendment is proposed there.
- It is ratified by ¾ of the State Legislatures
How many amendments have been proposed?
- There have been more than 10,000 joint resolutions calling for amendments have been proposed.
- Only 33 of those have been sent to the states, and of those, only 27 have been ratified.
17. There are only four words in the English language that end in "dous": tremendous,
horrendous, stupendous, and hazardous.
24. The characters Bert and Ernie on Sesame
Street were named after Bert the cop and Ernie the
taxi driver in Frank Capra's "It's a Wonderful
Life."
31. The microwave was invented after a
researcher walked by a radar tube and a
chocolate bar melted in his pocket.
Informal Amendment:
a change that is made to the Constitution, but not by changing the written word.
Ways to informally change the Constitution
1. Basic Legislation from Congress
b. Congress has “defined” the Const.
i.e. The Const. gives Congress the power to regulate interstate commerce. What is interstate commerce?
Ways to informally change the Constitution
• Executive Action
– Actions taken by the President• i.e. only congress has the power to declare
war but the President is Commander in Chief of the Armed Forces.
• Presidents have used the arm forces in no less than 200 times without a congressional declaration
Ways to informally change the Constitution
• Court Decisions
– The court has the power to decide what the Constitution means
Ways to informally change the Constitution
• Party Policies– The Constitution does not speak of Political
Parties– However, many government practices are based
on political parties