THE AMENDMENT PROCESS.

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Presentation transcript:

THE AMENDMENT PROCESS

The US Constitution IS and IS NOT the same document written in 1787. Some Words have been eliminated, some have been added. Explain how the document has changed from 1787. Have students open up their book to look at words crossed out. Ask “why is it different? How has it changed?”

Keys to help 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 By having the federal government propose and the states ratify, what basic principle of the constitution is at work?

FORMAL AMENDMENT PROCESS Process explained in Article V of the Constitution Two 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.

21st Amendment adopted this way (Repealing Prohibition) Second—Proposed by 2/3 of Congress/Ratified by ¾ of special State Conventions 21st Amendment adopted this way (Repealing Prohibition) Explain briefly what prohibition was.

PROPOSED AMENDMENTS Congress does not present a proposed amendment to the president for his signature or veto. If congress presented proposed amendments to the president for veto, how many proposed amendments do you think he would have. Think about the process, why is that important?

Proposed Amendments Continued States can change their minds if they first reject an amendment (not the opposite) 33 Made it to the states 10,000 Amendments proposed in Congress. Only 27 finally ratified Congress can set deadlines for the ratification time allowed 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?

CONSTITUTIONAL BREAKDOWN Preamble: States the purpose Article I: Legislative Power – Congress Elastic Clause, Also known as ? Free Exercise Clause Establishment Clause Article II: Executive Power - President Article III: Judicial Power – Courts Article IV: Relations between the states Article V: The Amendment Process Tell students story about National Archives this summer – Security Guard

CONSTITUTIONAL BREAKDOWN Article VI: General Provisions, Supremacy of the Constitution Article VII: Ratification Process Bill of Rights: First 10 Amendments in Constitution Have students refresh my memory with the bill of rights

SUPREMACY CLAUSE Article VI, Section 2 If ever the state government and federal government conflict on an issue, the federal government reigns supreme The Constitution is the highest form of law in the American legal system.