Constitutional Amendments Participation in Government Johnstown High School Mr. Cox

Article V of the Constitution The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress. Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article [Commerce compromise]; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Keys To amend means to change To propose means to suggest To ratify means to approve or pass 2/3 will always apply to the federal Gov't ¾ will always apply to the states Federal Gov't will always propose States will always ratify

Four Routes For Constitutional Amendments

FORMAL AMENDMENT PROCESS Four Methods of Ratification First-- Proposed by 2/3 of Congress/Ratified by ¾ of State Legislatures 26 of 27 Amendments adopted this way Make sure to tell students that the first is most important! Make sure they star or highlight it.

Four Routes For Constitutional Amendments

Formal Amendment Process 2nd method- amendment proposed by Congress and ratified by conventions for that purpose in 3/4ths of the states. Only the 21st amendment was ratified in this way

Four Routes For Constitutional Amendments

3rd method- amendment may be proposed by a nationwide convention called by Congress by a request of 2/3rds of the state legislatures (34 state legislatures). It then must be ratified by 3/4ths of the state legislatures. Congress has never called such Convention 4th method- an Amendment may be proposed by a national convention and ratified by conventions in three fourths of the states. The Constitution it self was adopted this same way.

Four Routes For Constitutional Amendments

Proposed Amendments Continued States can change their minds if they first reject an amendment (not the opposite) 10,000 Amendments proposed in Congress. 33 Made it to the states Only 27 finally ratified Explain in detail how states can change their mind only if they reject it first, not after they accept and then reject. No half-sies. Why would congress set deadlines for ratification time allowed?

Recent and Current Pending Amendments to reverse the Supreme Court's abortion decision Roe v. Wade (or to encode it in explicit constitutional language); to reverse (or modify) the Supreme Court's school prayer decision (Engle v. Vitale); to reverse the Supreme Court's “flag burning” (“symbolic speech”) decision (Texas v. Johnson); to mandate a balanced budget and/or tax and spending limits; to give the President an item veto (allowing the President to veto only parts of a bill); to modify or abolish the Electoral College for electing the President; to change the President's term of office (e.g., to a single six-year term); to impose term limits on members of Congress; to abolish the Presidential term limit (i.e., to repeal the 22nd Amendment); to repeal the 16th Amendment and specifically prohibit any federal income tax; to make English the official language of the United States; to establish judicial terms of office (or to require the periodic reconfirmation of federal judges); to guarantee “victims’ rights” in criminal proceedings; to limit the President’s pardon power; to provide a new method for proposing amendments to the Constitution, whereby two-thirds of all state legislatures could propose amendments (without Congressional action); and most recently to define marriage so as to prohibit same-sex marriage.

Subject Matter of Amendments Amendments can grouped with respect to their effects: to secure basic rights and liberties (1-10, 13, 14); to extend voting rights mandated by the Constitution (15, 19, 23, 24, 26); to change terms, modes of elections, etc., of various offices (12, 17, 20, 22, 25); to reverse controversial Supreme Court decisions (11, 14 [Dred Scott v. Sanford], 16); and to enact and repeal prohibition (18, 21)

Amendments Project Over 10,000 different amendments have been proposed in the last 200+ years, with only 27 being ratified. Your task is to propose an amendment that you believe is of national significance and importance. Identify the issue your amendment addresses. Social? Political? Fiscal? Foreign? Why is it necessary? (i.e. what are the ‘symptoms’ that you believe America is currently suffering from that your amendment will fix?)

Amendments Project Cont’d Your project will take the form of a presentation that you and your group will give to the class. Your group should research current examples of issues that your amendment would ‘fix’. How would your gun control amendment have prevented Sandy Hook shootings? How would your budgetary amendment have prevented the government shut down of 2013? Format Introduction Rationale Current Event Examples Desired Route for Amendment Passage (1-4) Conclusion