The Formal and Informal Amendment Process Chapter 2 Constitution

Formal Amendments 4 methods All similar 27 formal amendments over the last 226 years

Methods 1st method 26 of 27 happened this way Proposed in congress by a 2/3s vote in both houses Ratified by ¾ of the the state legislatures

Cont. 2nd Method 21st amendment was done this way Proposed in congress by a 2/3s vote in both houses Ratified by conventions held in ¾ of the states

Cont. 3rd method Proposed at a National Convention called by congress when requested by 2/3rds of the state legislatures Ratified by ¾ of the the state legislatures

Cont. 4th Method Proposed at a National Convention called by congress when requested by 2/3rds of the state legislatures Ratified by conventions held in ¾ of the states

Why? Maintain the Federal character of the government Proposals start at the national level and ratification is in the states. Federalism Will of the people The president does not sign an amendment This is not lawmaking – it is bigger – we are changing our philosophy about something.

Why the State Legislature? States legislatures can ask the people in an advisory vote. States can change their mind if they disapprove the first time

The Amendments 10,000 proposed 33 to the states 27 approved

Notable Amendments 1-10 Bill of Rights 12 – Choosing the President, VP 13,14,15 – Civil War Amendments 16 – Income Tax 17 – Senators – Popular Vote 18 – 21 Prohibition – Repeal 19 – Women’s Suffrage 22 – Presidential Term Limits 25 – Presidential Disability and Succession 26 – Voting Age set at 18 yrs

The Informal Amendment Process The process by which many changes have been made in the Constitution that have not led to changes in the document’s written words. Five ways Passing basic legislation Actions of the President Decisions made by the Supreme Court Activities of Political Parties Custom

Basic Legislation Constitution is a basic skeleton Congress has added the flesh (laws) that define the meanings in the Constitution Creation of the Executive Branch and Judicial System

Executive Action A presidents different interpretation of the Constitution and how he acts on that interpretation can create an informal amendment. Executive order 9066 – Japanese Internment Executive order 9981 – integration of the Armed Forces Use of the armed forces Executive Agreement – Foreign Treaties – Kyoto Protocol.

Court Decisions The Supreme Court and lower courts can make decisions that either declare the unconstitutionality of something or create a legal precedent the can be followed thus modifying the constitution. Brown v. Board of Education

Political Parties The Constitution makes no mention of them The Founders warned against them They have come to dominate our political and governing processes Candidates are nominated Electoral College The Legislative and Executive Branches are organized around them.

Custom Unwritten customs can be as strong as written laws Presidential Cabinet Vice Presidential succession (25th in 1967) No third term for President (22nd in 1951)