The Amendment Process

Today’s Objective After today’s lesson, students will be able to… Explain how amendments are added to the Constitution Define the most essential amendments Essential skills Demonstrate and understanding of concepts (C5)

The Amendment Process Our Constitution is also known as the Supreme Law of the Land Supremacy Clause of the Constitution It is also seen as a flexible or “living document” What does that mean?

The Amendment Process Not so easy to render the document meaningless No so difficult as to make it impossible to adapt

What are Amendments? Written changes to the Constitution They keep the Constitution “updated” There are currently 27 changes to the Constitution First 10 are called: The Bill of Rights – basic freedoms and rights

The Amendment Process Step One: Proposal 2/3 vote in both houses of Congress 320 of 535 members 2/3 of the states can ask Congress to call a national convention to propose an amendment 34 of the 50 states This “option” has never been used

The Amendment Process Step Two: Ratification After the amendment is proposed it must be ratified Ratified = Approved 3/4 of the states must approve the amendment 38 of the 50 states

The Amendment Process Ratification There are two ways to ratify an amendment State legislatures can ratify 26 of the 27 amendments have been approved this way State conventions can ratify Only used once (21st Amendment)

The Amendment Process Step Three: Repealed An amendment can be repealed Amendments are repealed if citizens do not like the effects of the amendment Only one amendment has been repealed to date 21st Amendment (Repealed Prohibition)

The Amendment Process Step 1: Proposal Step 2: Ratify Step 3: Repeal (if necessary)

Question to Consider How is the amendment process an example of federalism? Division of National Government and States

Informal Amendments Changes in the government interpretation and/or government practices of the Constitution without changing the language of the Constitution

Informal Amendment Examples Legislation Left up to the Congress to determine Federal Agencies “Elastic Clause” – Power to pass “all laws necessary” Executive Branch Presidential Actions and Agreements “Commander in Chief” = Make war without declaring “Executive Power” = Louisiana Purchase “Executive Action” = Supreme Court Judicial Review Determined by Marbury v. Madison (1803)

Proposed yet not passed 2003 – 2004 Guarantee the right to use the word “God” in the Pledge of Allegiance and the national motto Restrict marriage in all states to be between a man and a woman Remove protections on child pornography 2001 – 2002 Repeal the 8th Amendment (Cruel and Unusual Punishment) A right to “equal high quality” health care To allow for any person of age, regardless of birth, who has been a citizen of the U.S. for 20 years or more to be eligible for the presidency

Proposed Amendments (Failed in States) 1926 Congress can limit, regulate, and prohibit child labor of persons under 18 years of age 1972 Women and men should be seen as equals under the law 1978 Grant citizens of Washington, D.C., the same full representation in Congress as any state