The Amendment Process Chapter 3 Section 2

Why is this needed? No matter how smart the framers were, they couldn’t foresee the changes yet to come within the country.

How is change possible? The Constitution is a living document. Within the constitution there are two different processes for constitutional change: By formal Amendment By other informal means

Formal Amendment Process Article V of the Constitution discusses the methods in which the Formal Amendment Process could take place. “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 State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”

Formal Amendment Process Four methods are listed: -Two methods of Proposal -Two methods of Ratification

Proposal Methods Proposed by Congress by a 2/3 vote in both houses Proposed at a national convention called by Congress when requested by 2/3 (34) of the State legislatures

Ratification Methods Ratified by the State Legislatures of ¾ (38) of the States Ratified by conventions held in ¾ (38) of the States

So what has been used? Method 1 -Proposed by 2/3 vote in both houses -> Ratified by ¾ of State legislatures (26 times) Method 2 - Proposed by 2/3 vote in both house -> Ratified by conventions held in ¾ of the states (1 time, 21st amendment)

So what has been used? Method 3 -Proposed at a national convention called by congress when requested by 2/3 of the state legislatures request it -> ratified by the state legislatures of ¾ of the states (never used) Method 4 - Proposed at a national convention called by congress when requested by 2/3 of the state legislatures request it -> Ratified by conventions held in ¾ of the states (similar to how we adopted the Constitution)

A few questions to consider Why require both Congress and the State legislatures within this process? Which method seems most “Democratic” to you?

Other important stuff to know Once proposed by both houses of congress, the proposal does not go to the president as with legislation A state can reconsider a “no” vote at a later time, however, they cannot undo a “yes” vote. Congress can place a “reasonable” time limit on the ratification process