Presentation on theme: "The Formal and Informal Amendment Process"— Presentation transcript:
1The Formal and Informal Amendment Process Chapter 2Constitution
2Formal Amendments 4 methods All similar 27 formal amendments over the last 226 years
3Methods 1st method 26 of 27 happened this way Proposed in congress by a 2/3s vote in both housesRatified by ¾ of the the state legislatures
4Cont. 2nd Method 21st amendment was done this way Proposed in congress by a 2/3s vote in both housesRatified by conventions held in ¾ of the states
5Cont.3rd methodProposed at a National Convention called by congress when requested by 2/3rds of the state legislaturesRatified by ¾ of the the state legislatures
6Cont.4th MethodProposed at a National Convention called by congress when requested by 2/3rds of the state legislaturesRatified by conventions held in ¾ of the states
7Why? Maintain the Federal character of the government Proposals start at the national level and ratification is in the states.FederalismWill of the peopleThe president does not sign an amendmentThis is not lawmaking – it is bigger – we are changing our philosophy about something.
8Why the State Legislature? States legislatures can ask the people in an advisory vote.States can change their mind if they disapprove the first time
9The Amendments10,000 proposed33 to the states27 approved
10Notable Amendments 1-10 Bill of Rights 12 – Choosing the President, VP 13,14,15 – Civil War Amendments16 – Income Tax17 – Senators – Popular Vote18 – 21 Prohibition – Repeal19 – Women’s Suffrage22 – Presidential Term Limits25 – Presidential Disability and Succession26 – Voting Age set at 18 yrs
11The Informal Amendment Process The process by which many changes have been made in the Constitution that have not led to changes in the document’s written words.Five waysPassing basic legislationActions of the PresidentDecisions made by the Supreme CourtActivities of Political PartiesCustom
12Basic Legislation Constitution is a basic skeleton Congress has added the flesh (laws) that define the meanings in the ConstitutionCreation of the Executive Branch and Judicial System
13Executive ActionA presidents different interpretation of the Constitution and how he acts on that interpretation can create an informal amendment.Executive order 9066 – Japanese InternmentExecutive order 9981 – integration of the Armed ForcesUse of the armed forcesExecutive Agreement – Foreign Treaties – Kyoto Protocol.
14Court DecisionsThe Supreme Court and lower courts can make decisions that either declare the unconstitutionality of something or create a legal precedent the can be followed thus modifying the constitution.Brown v. Board of Education
15Political Parties The Constitution makes no mention of them The Founders warned against themThey have come to dominate our political and governing processesCandidates are nominatedElectoral CollegeThe Legislative and Executive Branches are organized around them.
16Custom Unwritten customs can be as strong as written laws Presidential CabinetVice Presidential succession (25th in 1967)No third term for President (22nd in 1951)