3.3 Amending and Interpreting the Constitution

Amending the Constitution Any change in the Constitution is called an amendment, thousands have been considered but 27 have become law The Framers made sure the Constitution could not be altered without the overwhelming support of the people

Amending the Constitution Amendments safeguard many of our freedoms such as the abolition of slavery and the right of women to vote 19th Amendment 13th Amendment

Amendment Process The process for amending the Constitution is outlined in Article V, it involves two steps: proposal and ratification Amendments may be proposed two ways: the first is by Congressional action, a vote of two-thirds of the members of both houses of Congress is required

Amendment Process The second method is by a national convention requested by two-thirds of the state legislatures

Ratifying an Amendment Once an amendment has been proposed three-fourths of the states must ratify it States have two ways to do this: by a vote of either the state legislature or by a special state convention

Ratifying an Amendment Only one amendment, the Twenty-first has been ratified by means of state conventions The 21st Amendment repealed the Prohibition of alcohol

Interpreting the Constitution *The Necessary and Proper Clause: Article I lists the powers of Congress and gives them the power “to make all Laws which shall be necessary and proper” to carry out its duties”

Interpreting the Constitution The necessary and proper clause allows Congress to exercise powers not specifically listed in the Constitution, these are known as “implied powers” Creation of the Bank of the United States and US Air Force are implied powers

Interpreting the Constitution Loose interpretation= believe Congress should be allowed to make any laws the Constitution does not forbid Strict interpretation= feel Congress should make only laws mentioned by the Constitution Alexander Hamilton- Loose Interpretation Thomas Jefferson- Strict

Interpreting the Constitution *Court Decisions: The final authority for interpreting the Constitution rests with the Supreme Court which can interpret the Constitution loosely or strictly

Interpreting the Constitution *Legislative & Presidential Actions: Actions of Congress and the executive branch have caused new interpretations of the Constitution Examples include the House of Representatives power to impeach, or accuse officials and the President proposing bills to Congress Andrew Johnson and Bill Clinton- the only presidents who have been impeached

Interpreting the Constitution *Interpretation Through Custom: The Constitution has changed through customs that have developed over time, an example is political parties