THE US CONSTITUTION A Formal Amendment

US Constitution

• Written in 1787 • We now have the longest lasting Constitution of any nation • Our constitution has been changing over the years

• Two ways for constitutional change • Formal • Informal

Formal Amendment Process

• Article V of the Constitution• Founding fathers knew things would change

• Need a government that can change

• Explains the four methods for a Formal Amendment to take place

First Method • Amendment proposed by 2/3 vote in Congress • Ratified by ¾ of the State legislatures (38 States)

• 26 of our 27 Amendments created this way

Second Method • Amendment proposed by Congress • Ratified by Conventions, called for that purpose, in ¾ of

States • 21st Amendment created this way • Why?

• Felt popular elected delegates would be more likely to reflect public opinion

Third Method • Amendment proposed by a national convention • Called by Congress at request of 2/3 of State legislatures

(34)• Then ratified by ¾ of State legislatures

• Congress has never called such a convention

Fourth Method • Amendment proposed by a national convention • Ratified by conventions in ¾ of States

• Constitution itself was adopted in this same way

Federalism and Popular Sovereignty • Formal Amendment Process

• Emphasizes federal character of government • Proposals start nationally

• Ratified by individual states

• Critics • State Legislators are never elected based on their stance to an

amendment • Delegates for a ratifying convention are elected solely for their

stance on an amendment

Proposed Amendments • States may reject Amendments

• When they do so they may recant and vote in favor of it • When a State votes in favor it cannot change its vote

• Over 10,000 Amendments proposed since 1789• 33 sent to States, and 27 ratified

• Time limits • Congress can impose a reasonable time limit for ratification

• After which the Amendment dies

Failed Amendments • 1789 Distribution of Seats in the House • 1810 voided citizenship of anyone accepting any foreign

title or other honor • 1861 Prohibit any amendment relating to slavery • 1924 empower Congress to fight child labor • 1972 Equal rights of women (died in 1982) • 1978 Give seats to District of Columbia (died 85)

Amendment Subject Year Time Required for Ratification

1st-10th Bill of Rights 1791 2 years, 2 months, 20 days

11th Immunity of States from certain lawsuits 1795 11 months, 3 days

12th Changes in electoral college procedure 1804 6 months, 6 days

13th Abolish Slavery 1865 10 months, 6 days

14th Citizenship, due process, equal protection 1868 2 years, 26 days

15th No denial of vote because of race, color, or previous enslavement

1870 11 months, 8 days

16th Power of Congress to tax incomes 1913 3 years, 6 months, 22 days

17th Popular election of US Senators 1913 10 months, 26 days

18th Prohibition of alcohol 1919 1 year, 29 days

19th Woman suffrage 1920 1 year, 2 months, 14 days

20th Change of dates for start of presidential and Congressional terms

1933 10 months, 21 days

21st Repeal of Prohibition 1933 9 months, 15 days

22nd Limit on Presidential terms 1951 3 years, 11 months, 6 days

23rd District of Columbia vote in presidential elections 1961 9 months, 13 days

24th Ban on tax payment as voter qualification 1964 9 months, 3 days

25th Presidential succession, vice presidential vacancy, and presidential disability

1967 1 year, 7 months, 4 days

26th Voting age 18 1971 3 months, 8 days

27th Congressional pay 1992 202 years, 7 months, 12 days