1. Chapter 3 Section 2
Formal Amendments

2. Formal Amendment Changes to the constitution can happen in two ways
Formal Amendments
Informal means

3. Formal Amendment Constitution is about 200 years old
Scattered population
Travel and communication was limited
Today
Stretched across 50 states
The Constitution of today is/is not the same of 1787

4. Formal Amendment Process
Amendment: changes in the written word of the constitution
Established in Article 5
Two methods of proposal
Two methods of constitutional amendments

5. Formal Amendments 1st Method: Proposed by Congress by 2/3 votes
Both houses of Congress
Today: 38 states must approve
26 of 27 amendments were adopted this way

6. Formal Amendment 2nd Method: Proposed by Congress
Ratified by conventions
¾ states needed
21st Amendment (1933)
Believed popularly elected delegates = reflect public opinion
Repealed prohibition

7. Formal Amendment 3rd Method Proposed by National Convention
Called by Congress
Request 2/3 of states
Must be ratified by ¾ State legislatures
Congress has not called a convention

8. Formal Amendment 4th Method: Proposed by national convention
Ratified by conventions
¾ states needed
Constitution was adopted in this way

10. Federalism and Popular Sovereignty
Amendment Process:
Emphasizes the Federal Character of governmental system
Proposes take place at national level
Ratification is a State by State manner
Represents the expression of the People’s sovereign will

11. Federalism and Popular Sovereignty
Criticize the practice of sending to State legislatures vs. conventions
Permits change without expression from the people
Representatives elected:
Party membership
Name familiarity
Stands on taxes, schools, welfare programs
Not elected for stand on Amendments
Conventions: people elected specifically for the yes-no vote on Amendment

12. Federalism and Popular Sovereignty: Supreme Court Role
State cannot require an amendment proposed by Congress to be approved by a vote of the people of a State before it can be ratified by State legislature
State can call for an advisory vote by the people

13. Proposed Amendments One Restriction
“NO State, without its consent, shall be deprived of its equal Suffrage in the Senate.”
If both houses approve it DOES NOT go to the president for approval/veto
It is not making LAW (not legislating)
State rejections:
Not forever bound by the action
Can reconsider and ratify

14. Proposed Amendments 15,000 since 1789 Only 33 have been sent to states
Only 27 have been ratified by States
1st 10 Amendments = Bill of Rights (1791)
Congress can put “a reasonable time limit”

15. The 27 Amendments

16. Bill of Rights
Added less than 3 years after ratification of Constitution
Proposed 1st session of Congress
Set out the guarantees:
of freedom of belief and expression
of freedom and security of the person
of fair and equal treatment before the law

17. Constitutional Change by Other Means
Chapter 3 section 3
Constitutional Change by Other Means

18. Constitutional Change by other Means
Basic Legislation by Congress
Actions taken by the President
Key decisions of the Supreme Court
The activities of politcal parties
Custom

19. Constitutional Change by other means: Basic Legislation
Congress passes laws to “add flesh to the bones” of the Constitution
Ideas framers left Skeletal
Example: federal court systems/ 25th amendment (succession of president)
Added by the way it has used its powers
Example: Foreign commerce and trade
Does not specifically say what congress does
Define it by passing laws

20. Constitutional Change by other means: Executive Action
Presidential actions
produced a number of important informal amendments
Example: the use of the military under the power of commander in chief.
Executive agreements:
Pact made by the President directly with head of a foreign state
Do not need to be approved by Congress
Treaties: agreement b/w Sovereign states
They have to be approved by congress

21. Constitutional Change by other means: Court Decisions
The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.
Example: Marbury v. Madison

22. Constitutional Change by other means: Party Practices
Constitution makes NO mention of Political Parties
Neither Constitution or Law provides for nomination of candidates for presidency
National Conventions
Electoral College
Group that makes the formal selection of the nation’s president
Congress conducts business in parties
President makes appointments based on party affiliation

23. Constitutional Change by other means: Customs
Cabinet:
15 member executive advisory board to President
Constitution DOES NOT mention a cabinet
8 times Vice president took over for presidents who died in office
Johnson for Kennedy
1963: 25th amendment addressed succession
Senatorial Courtesy:
Senate will approve only those presidential appointees who are acceptable to the senator or senators of the President’s party from the State involved

24. Constitutional Change by other means: Customs
150 years of “NO third term tradition”
Started with George Washington
Lasted till 1940
Roosevelt sought and was elected to a 3rd and 4th term
Result 22nd Amendment limiting term limits
Once unwritten and informal became part of the constitution