Amending the Constitution

Amending the Constitution Thousands have been suggested over the years, but only 27 Amendments, or changes, have been made! 1791, the first “amendments” were added to the Constitution. These are the “Bill of Rights”.

Amending the Constitution The Amendment Process is a slow and difficult one. This is likely to avoid frequent changes to the structure of our government.

Amending the Constitution – STEP 1 All amendments must begin by being “proposed” To propose an amendment, it requires either a (1) vote of 2/3rds of both houses of Congress OR (2) 2/3rds vote of a national convention Most amendments begin with (1)…

Amending the Constitution – STEP 2 All amendments must end by being “ratified” To ratify an amendment, it requires either a (1) 3/4ths of state legislatures approval OR (2) 3/4ths of state Ratifying Conventions (caucus). Only 21st Amendment ratified by option (2)…

Interpreting the Constitution Many believe that our constitution was written in a way that left it to be interpreted over time… Congress has interpreted the Constitution: The “Necessary and Proper Clause” states Congress has the power to make all Laws which shall be “necessary and proper” – this is also called the elastic clause. Article I, Section 8, Clause 8

Interpreting the Constitution The Elastic Clause gives Congress flexibility to make what laws it seems are necessary and proper. This is an “implied power” which are powers not specifically mentioned.

Interpreting the Constitution Congress is also granted the power to impeach, or officially accuse officials of misconduct. We have had two presidential impeachments in our history – Andrew Johnson and Bill Clinton

Interpreting the Constitution The President has interpreted the Constitution: George Washington was the first President to create cabinet as a part of the Executive Branch. There is nothing written about the cabinet but the President’s have interpreted this document over time.

Interpreting the Constitution Our courts have interpreted the Constitution: Supreme Court decisions also have a major impact and are final. They have final authority on “interpreting” the Constitution. If they deem a law unconstitutional, the law dies. If they agree with a law, or uphold it, it stays in effect.

Interpreting the Constitution Although not in the Constitution, the creation of political parties has also changed the way we look at this document. It is important to remember that all three branches can interpret the document differently.