1. Amending
The
constitution

2. Formal Amendment Process
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

3. Formal Amendment Process
First Method
An amendment is proposed by a two-thirds vote in each house of congress
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

4. Formal Amendment Process
Second Method
An amendment is proposed by a two-thirds vote in each house of congress
Ratified by conventions in three fourths of the states (38 states)
These conventions are held for the purpose of ratifying the proposed amendment

5. Formal Amendment Process
Third Method
Two thirds of the state legislatures may request for a national convention, called by congress
The amendment must be ratified by three fourths of the state legislatures (38 states)

6. Formal Amendment Process
Fourth Method
Two thirds of the state legislatures may request for a national convention, called by congress
The amendment must be ratified by state conventions in three fourths of the states

7. 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

8. 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

9. 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

10. 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

11. 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”

12. 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:
The passage of basic legislation
Actions taken by the president
Key decisions of the supreme court
The activities of political parties
Custom

13. Constitutional Change by Other Means
Basic 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

14. Constitutional Change by Other Means
Executive 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

15. Constitutional Change by Other Means
Court 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

16. Constitutional Change by Other Means
Party 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

17. Constitutional Change by Other Means
Custom
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