Amendments and other means

Changes…

Why? Then… Small, Agricultural 1,300 miles Less than 4 million Now… million 50 states

Amendments Article V 2 types of Amendments Formal Informal 2 types = 4 methods

Methods of Amendment Method 1 Proposed: 2/3 rd vote in each house of Congress Ratified: 3/4 ths vote of each states Legislature 38 must approve today 26 of 27 amendments passed

Methods of Amendment Method 2 Proposed: 2/3 rd vote in each house of Congress Ratified: 3/4 ths of State Conventions (states hold convention, vote taken (either passed or rejected by state), if 3/4 ths of State conventions pass = ratified 1 0f st amendment Repeal prohibition Why this method? Considered that popularly elected delegates were more likely to reflect public opinion than state legislatures

Methods of Amendment (never used but available) Method 3 Never Used Proposed: by a National Convention, called by Congress, at request of 2/3 rds of state legislatures Ratified: 3/4 ths State legislatures A National Convention has never been called for this purpose 33 states have asked (2 times) in last 50 years One-person, one-vote Balanced Federal Budget

Methods of Amendment (never used but available) Method 4 Amendment proposed by national convention in 2/3rds Ratified by conventions in 3/4ths Constitution ratified in similar way

Important Background Votes taken at conventions are made by Representatives chosen by people for that cause This has never been used States cannot require an amendment proposed by Congress to be approved by a vote of the people of that state before ratification by the State legislature (Hawke vs. Smith – 1920) State Legislature can call for advisory vote by people before action (Kimble vs. Swackhamer – 1978)

Restrictions? Cannot propose amendment which deprives states of equal suffrage in Senate Reasonable time-limit on ratification process (Dillon vs Gloss – 1921) Not always present or enforced (example: Amendment 27)

Other means of change… Basic Legislation Presidential Actions Supreme Court Decisions Political Party Actions Custom

Other means of change… Basic Legislation Congress adds flesh and bones to skeletal system Many things left intentionally vague by framers and congress decides from time to time Federal courts set up by acts of congress (not supreme court) Executive branch creation (all by congress except pres and VP) Presidential Succession only outlined in congress through President and Vice-President

Other means of change… Presidential Actions Example: President is the Commander in Chief, needs congress to declare war 100’s of occasions where fighting has occurred without declaration Executive agreements Treaty = agreement between two sovereign nations Executive agreement = agreement between the heads of two states (foreign states, i.e. U.S. and Mexico) Does not require Congressional approval

Other means of change… Supreme Court Decisions U.S. Supreme Court These decisions about interpretation, etc.

Other means of change… Political Party Actions National Conventions by parties to nominate candidates (not in Constitution)

Other means of change… Custom Cabinet made up of 15 executive department heads When pres dies in office, vp takes over, constitution just says assumes powers not office Senate approves only presidential appointees who are acceptable to the senator or senators of the pres party from the state involved 2 term presidency (Washington refused to seek 3 rd and others followed lead…until FDR 22 nd amendment