1. Daily Cornell’s Notes and Activity October 15 th, 2010 Amending the Constitution

2. Background Information The priceless heritage of the Constitution has been its ability to adapt to new conditions while preserving the basic form of American government. “We must never forget that it is … a Constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” John Marshall, 1819

3. Amendment Process  Proposing Amendments  By 2/3 vote of each house of Congress. It is the only method that has been used to date.  Income taxes, Supreme Court Justices term …  By a national convention called the Congress at the request of 2/3 of the states [34 states]. This method has never been used.  In 1963 states began to petition, or appeal, to Congress.  1967, 33 state legislatures, only 1 short of the required 2/3, had voted for such a convention  Between 1975 to 1991, 32 state legislatures have consistently petitioned Congress to propose an amendment requiring a balanced budget for the federal government.

4. Ratifying Amendment Step 1: Amendment is Proposed by: Step 2: Amendment is ratified by: 2/3 vote of both houses of Congress¾ of the 50 state legislatures OR A constitutional convention called by Congress on petition of 2/3 of the 50 states. ¾ of special constitutional convention called by the 50 states Congress has set the limit to seven years on how much time the states will have to ratify an amendment.

5. Informal Changes Changes Through Law Article I: gives Congress power to “lay and collect taxes” resulting in many tax laws passed. Article II: expanded the executive branch by creating the cabinet departments, agencies, etc. Article III: Judiciary Act of 1789 creates more federal courts to deal with nation’s new problems. Changes Through Practices The House may impeach, or accuse, federal officials, including the president and the Senate to determine the accused person’s guilt or innocence.

6. Informal Presidential Changes Presidential succession – 25 th Amendment, 1967. Foreign Affairs -- while treaty is an agreement between nations, an executive agreement is made directly between the president and the head of state of another country; it does not require State approved.

7. Courts Decision Judicial Review Judicial restraint, the Court should leave the policy making to others. OR Judicial activism, the Court should take an active role in policy making. Changing Court Rulings In 1896, the Court ruled that “separate but equal” was constitutional and reversed its decision in Brown vs. Board of Education, 1954.

8. Participating in Government Proposing an Amendment Select an issue you believe the Constitution needs to address and propose an amendment. Follow the guidelines when writing your proposal: 1 Explain what your proposed amendment will do. 2 Explain why you believe it is needed and how the nation will benefit if it is ratified. 3 Indicate what opposition you expect there to be on your amendment and why. 4 Suggest arguments that could be used to reply to criticism of your amendment.

9. Close Do you think the Founders were correct in allowing the Constitution to be amended? Explain.