Chapter 3 The Constitution

Formal Amendment Objectives: Identify the four different ways by which the Constitution may be formally changed. Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty. Outline the 27 amendments that have been added to the Constitution.

Formal Amendment Why It Matters: The Framers of the Constitution realized that, inevitably, changes would have to be made in the document they wrote. Article V provides for the process of formal amendment. To this point, 27 amendments have been added to the Constitution.

Formal Amendment Political Dictionary: Amendment Formal amendment Bill of Rights

Formal Amendment 4 million to 290 million 13 colonies to 50 states Constitution is NOT the same now as in 1787.

Formal Amendment Formal Amendment Process Article V Proposal by 2/3 of each house of Congress to be ratified by 3/4 of states (38). This method has been used 26 out of 27 amendments Proposal by 2/3 of each house and a call for conventions in the states. Then approved by 3/4 of states (38). Only used once on the 21st amendment in 1933. Call from 2/3 of state legislatures (34) for a national convention to consider amendment. It must then be ratified by 3/4 of states (38). Never used. An amendment may be proposed by a national convention and then ratified in 3/4 of state conventions (38). Never used.

Formal Amendment Formal Amendment Process (cont.) Federalism and Popular Sovereignty Approval process reinforces federalism and indirectly sovereignty. Sometimes criticized as being representative and not direct. The state legislature must act first.

Formal Amendment Formal Amendment Process (cont.) Proposed Amendments No state may be deprived of its representation in the Senate. The President is NOT involved—does not sign. If rejected by a state it may later be reconsidered, once approved, however, it is final. 10,000 amendment proposals have been submitted. Only 33 have been sent to the states and only 27 ratified.

Formal Amendment Formal Amendment Process (cont.) Proposed Amendments (cont.) 10,000 amendment proposals have been submitted. Only 33 have been sent to the states and only 27 ratified. Six failed: One proposed in 1789 with the Bill of Rights died. One offered in 1789 became the 27th (Congressional Compensation). 1810-foreign titles void citizenship. 1861-no slavery amendments. 1924 an act to regulate child labor. 1972 Equal Rights Amendment by 1984 fell short. 1978 representation for the District of Columbia A 7 year time limit for enactment started in 1917 (ERA in 1979 was given a 3 year extension).

Formal Amendment The 27 Amendments The Bill of Rights Proposed in 1789—ratified by 1791. The Later Amendments The 12th corrected a electoral college problem after the election of 1800. The 13th abolished slavery in 1865, the 14th granted citizenship to blacks in 1868, and in 1870 the 15th granted the right to vote to blacks.

Formal Amendment The 27 Amendments (cont.) The Later Amendments (cont.) The 18th in 1919 prohibited alcohol and was repealed by the 21st in 1933.. The 19th in 1920 granted women the vote. The 22nd in 1951 limited the presidency to two terms. The 25th in 1967 deals with presidential succession. The 26th in 1971 granted the vote to all over 18. The 27th in 1992 prohibits congressional raises during the “current” term.

Constitutional Change by Other Means Objectives: Identify how basic legislation has changed the Constitution over time. Describe the ways in which the Constitution has been altered by executive and judicial actions. Analyze the role of party practices and custom in shaping the Constitution.

Constitutional Change by Other Means Why It Matters: The 27 formal amendments to the Constitution have not been a major part of the process by which that document has kept pace with more than 200 years of far-reaching change in this country. Rather, constitutional change has more often occurred as a result of the day-to-day, year-to-year workings of government.

Constitutional Change by Other Means Political Dictionary: Executive Agreement Treaty Electoral College Cabinet Senatorial Courtesy

Constitutional Change by Other Means Basic Legislation Expanded into the detail Tens of thousands of “laws” Executive Action Commander in Chief Executive Agreement—used frequently now Treaty—cumbersome process

Constitutional Change by Other Means Court Decisions Marbury v. Madison in 1803 A “constitutional convention in continuous session” Party Practices Not in the beginning—Washington warned against. Party Conventions Electoral College

Constitutional Change by Other Means Custom Unwritten Cabinet Vice President role developed Senatorial courtesy—a nominee must be acceptable in home state. No third-term for 150 years