T HE US C ONSTITUTION A “living” document- Why? brief original structure & amendment process (7 articles) (27 Formal Amendments) Oldest constitution in the world. Changed / interpreted /adapted through Formal and Informal Amendment methods

Propose Ratify Change Congress 2/3 State Leg. Convention 3/4 State Legislatures ratify 3/4 States Ratification Convention

F ORMAL A MENDMENT P ROCESS 4 WAYS TO CHANGE THE C ONSTITUTION How many times has the method been used? 1= 26 2= 1 3= 0 4= 0

4 M ETHODS OF A MENDING 1. 2/3 of each house of Congress propose - Legislatures of ¾ of the States ratify. (used for 26) 2. 2/3 of each house of Congress propose- Ratified by Conventions in ¾ of States. (used once) 3. National Convention Proposes- (Called for by ¾ of Congress or petitions from ¾ of the state legislatures)- Legislatures of ¾ of the States ratify. (never used) 4. National Convention Proposes- (Called for by ¾ of Congress or petitions from ¾ State Legislatures.)- Ratified by Conventions in ¾ of States. (never used)

W HY HASN ’ T THE N ATIONAL C ONVENTION M ETHOD EVER BEEN USED ? Also called- Article 5 Convention Fear of a “run-away” convention …. So Congress proposes instead. (Ex. The Philadelphia or Constitutional Convention!) (Ex: balance federal budget, response to Supreme Court rulings re: Flag burning.) Logistic problems- How many reps per state? Where would it be held? Process not defined.

F ORMAL A MENDMENT P ROCESS 1. Reflects Federalism: -Propose at National level -Ratify at State level 2. Structure to propose or ratify= Legislature or Convention. 3. Requires less to propose (2/3) than to ratify (3/4). 4. Reflects “Popular Sovereignty ” People have a direct voice (Conventions) or through elected officials (Congress / State Legislatures)

F ORMAL A MENDMENT P ROCESS 5. Incorporates Separation of Power- National Govt = Power to propose State Govts = Power to ratify 6. Incorporates Checks & Balances- - Natl Govt proposes- States ratify - -Natl govt proposes or State Legislatures can force Congress to call a convention What is the only item that CANNOT be changed with a formal amendment? - Equal representation of the states in the Senate

27 F ORMAL A MENDMENTS

T HE 27 C ONSTITUTIONAL A MENDMENTS A. Basic Liberties - The Bill of Rights #1-3 = Freedoms of expression, protection and privacy. # 4-8 = Rights of the accused, on trial & conviction #9 = un-enumerated (not listed)rights #10 = Reserved Powers Clause (State’s Rights)

O OOPS !!! P ROBLEMS WITH THE SYSTEM #11 – States cannot be sued in Federal Court. (Protects Federalism) #12- Separated votes for President & Vice-president in the electoral college. (Election of 1800 – Jefferson & Burr tied) (Took 36 ballots in House to elect Jefferson)

C IVIL W AR A MENDMENTS #13 Abolishment of Slavery #14 Due Process & Equal Protection under Federal and State Law / Action #15 Cannot deny right to vote based on race. (Intention= give former slaves the right to vote)

20 TH C ENTURY A MENDMENTS I SSUES : S OCIAL, S UFFRAGE, PRESIDENTIAL Social issues: #16 – Made income tax legal #17 – Direct Election of Senators #18 – Prohibition #21 – Repeal of Prohibition

S UFFRAGE = V OTING R IGHTS 15 th – Race-Voting rights for former slaves 19 th – Gender – Women’s right to vote 23 rd – Residents of the District of Columbia 24 th – No Poll Taxes 26 th – Age- 18 year olds+

P RESIDENTIAL A MENDMENTS #20 – Moved Presidential inauguration from March to January 20 th ( shortened “lame duck” period of the president) #22 - Presidents are limited to 2 terms, or 10 years. #25 – Defined the order & process of presidential succession & disability.

27 TH A MENDMENT #27 = Congressional pay raise cannot go into effect until a new term begins. One of the first proposed, last one to be ratified ! -Proposed in the first session of Congress by James Madison. -No deadline set, so once the 38 th state (Illinois) ratified in 1992 it was certified.

W HICH A MENDMENTS …… 1. …add or Subtract from the power of the national government? 2. …limit the power of the state governments? 3. …expand the right to vote? 4. …change an area of the government structure ?

HOW WAS JUDICIAL REVIEW ESTABLISHED? “midnight justice” –a justice of the peace, appointed by John Adams, literally on the eve of his last night as president. Requested a “writ of mandamus” from the Supreme Court. -Judiciary Act of Section 13 of this act also gave the Supreme Court original jurisdiction to hear such suits. Jefferson’s Secretary of State. Jefferson ordered Madison not to deliver the commission, because he was angry with the Federalists’ “court packing scheme” 2 years later…Chief justice John Marshall denied the writ and declared the Judiciary Act of 1789 unconstitutional. WHY???? Marburyv. Madison 1803