1. Amending the Constitution
CH 3.2

2. The Formal Amendment Process

3. Most used Method METHOD 1
Proposed by: CONGRESS by a 2/3 vote in both houses
Ratified by: STATE LEGISLATURES in 3/4 (38) States
Most used Method

4. Ex: 21st Amendment METHOD 2
Proposed by: CONGRESS by a 2/3 vote in both houses
Ratified by: CONVENTIONS held in 3/4 (38) of the States
Ex: 21st Amendment

5. METHOD 3
Proposed by: a NATIONAL CONVENTION called by Congress when requested by 2/3 (34) of the State legislatures
Ratified by: the STATE LEGLISLATURE in 3/4 (38) of the States
Never been used

6. Similar to the way the Constitution was adopted
METHOD 4
Proposed by: a NATIONAL CONVENTION called by Congress when requested by 2/3 (34) of the State legislatures
Ratified by: CONVENTIONS held in 3/4 (38) of the States
Similar to the way the Constitution was adopted

7. Ratification of Amendments is Difficult
WHY???
Ex: The Equal Rights Amendment (ERA)

8. Picturing the Amendments Assignment
Draw a picture of your assigned amendment
Make sure you include
Amendment # on the front (make it big!)
Color
Name on the back
Written summary explaining the amendment on the back (you will have to present this tomorrow!)

9. Informal Changes to the Constitution

10. Congress can pass laws to fill in the details
Legislation
Congress can pass laws to fill in the details
Ex: Courts
Congress can pass laws defining/ interpreting the meaning of Constitutional provisions
Ex: “high crimes and misdemeanors”

11. Executive Action
Presidents may use their powers in ways that are unclear in the Constitution
Ex: Waging war
Ex: Executive Agreements
Agreements made between two heads of state- do not need Senate approval like a treaty

12. Court Decisions
The Supremes Court interprets and applys the Constitution- this is how we know what specifically the Const. means.
Judicial Review Marbury v. Madison (1803)
Landmark Supreme Court cases

13. Party Practices
Even though parties are not mentioned in the Const. we have used them in numerous ways to run our government.
Hold political conventions for nominations
Organize Congress along party lines
Inject party politics into the process of Pres. appointments.

14. Some customs eventually become part of the Constitution
Each branch has developed customs outside the provisions of the Constitution
Ex: Cabinet
Some customs eventually become part of the Constitution
Ex: Succession
Ex: Presidential term limits