Chapter 3 Section 2 Formal Amendments

Formal Amendment Changes to the constitution can happen in two ways Formal Amendments Informal means

Formal Amendment Constitution is about 200 years old Scattered population Travel and communication was limited Today Stretched across 50 states The Constitution of today is/is not the same of 1787

Formal Amendment Process Amendment: changes in the written word of the constitution Established in Article 5 Two methods of proposal Two methods of constitutional amendments

Formal Amendments 1st Method: Proposed by Congress by 2/3 votes Both houses of Congress Today: 38 states must approve 26 of 27 amendments were adopted this way

Formal Amendment 2nd Method: Proposed by Congress Ratified by conventions ¾ states needed 21st Amendment (1933) Believed popularly elected delegates = reflect public opinion Repealed prohibition

Formal Amendment 3rd Method Proposed by National Convention Called by Congress Request 2/3 of states Must be ratified by ¾ State legislatures Congress has not called a convention

Formal Amendment 4th Method: Proposed by national convention Ratified by conventions ¾ states needed Constitution was adopted in this way

Federalism and Popular Sovereignty Amendment Process: Emphasizes the Federal Character of governmental system Proposes take place at national level Ratification is a State by State manner Represents the expression of the People’s sovereign will

Federalism and Popular Sovereignty Criticize the practice of sending to State legislatures vs. conventions Permits change without expression from the people Representatives elected: Party membership Name familiarity Stands on taxes, schools, welfare programs Not elected for stand on Amendments Conventions: people elected specifically for the yes-no vote on Amendment

Federalism and Popular Sovereignty: Supreme Court Role State cannot require an amendment proposed by Congress to be approved by a vote of the people of a State before it can be ratified by State legislature State can call for an advisory vote by the people

Proposed Amendments One Restriction “NO State, without its consent, shall be deprived of its equal Suffrage in the Senate.” If both houses approve it DOES NOT go to the president for approval/veto It is not making LAW (not legislating) State rejections: Not forever bound by the action Can reconsider and ratify

Proposed Amendments 15,000 since 1789 Only 33 have been sent to states Only 27 have been ratified by States 1st 10 Amendments = Bill of Rights (1791) Congress can put “a reasonable time limit”

The 27 Amendments

Bill of Rights Added less than 3 years after ratification of Constitution Proposed 1st session of Congress Set out the guarantees: of freedom of belief and expression of freedom and security of the person of fair and equal treatment before the law

Constitutional Change by Other Means Chapter 3 section 3 Constitutional Change by Other Means

Constitutional Change by other Means Basic Legislation by Congress Actions taken by the President Key decisions of the Supreme Court The activities of politcal parties Custom

Constitutional Change by other means: Basic Legislation Congress passes laws to “add flesh to the bones” of the Constitution Ideas framers left Skeletal Example: federal court systems/ 25th amendment (succession of president) Added by the way it has used its powers Example: Foreign commerce and trade Does not specifically say what congress does Define it by passing laws

Constitutional Change by other means: Executive Action Presidential actions produced a number of important informal amendments Example: the use of the military under the power of commander in chief. Executive agreements: Pact made by the President directly with head of a foreign state Do not need to be approved by Congress Treaties: agreement b/w Sovereign states They have to be approved by congress

Constitutional Change by other means: Court Decisions The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear. Example: Marbury v. Madison

Constitutional Change by other means: Party Practices Constitution makes NO mention of Political Parties Neither Constitution or Law provides for nomination of candidates for presidency National Conventions Electoral College Group that makes the formal selection of the nation’s president Congress conducts business in parties President makes appointments based on party affiliation

Constitutional Change by other means: Customs Cabinet: 15 member executive advisory board to President Constitution DOES NOT mention a cabinet 8 times Vice president took over for presidents who died in office Johnson for Kennedy 1963: 25th amendment addressed succession Senatorial Courtesy: Senate will approve only those presidential appointees who are acceptable to the senator or senators of the President’s party from the State involved

Constitutional Change by other means: Customs 150 years of “NO third term tradition” Started with George Washington Lasted till 1940 Roosevelt sought and was elected to a 3rd and 4th term Result 22nd Amendment limiting term limits Once unwritten and informal became part of the constitution