Amending the Constitution

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Presentation transcript:

Amending the Constitution

How many times has the Constitution been amended? Objectives Be able to understand the different ways to formally amend (change) the wording of the Constitution. Be able to explain the different ways the Constitution can be changed Informally. Be able to explain why the Founding Fathers made it so difficult to formally amend the Constitution. How many times has the Constitution been amended?

Key Terms Amend: Ratify: Petition: To Change or Add To To Approve An Appeal

Formally Amending the Constitution The Constitution was created with the ability to change the document. Amendments Article V sets out 2 methods for the proposal and 2 methods for the ratification of amendments. Creates 4 possible methods for formal amendments.

Formally Amending the Constitution

Amendments to the Constitution Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms.

Informal Amendment Processes Informal amendments: over time, changes have been made in the Constitution without any changes in its written words. Changes Through Law Changes Through Practices Informal Presidential Changes Changes Through Court Decisions Changes Through Custom and Usage

Changes Through Law Congress can pass basic legislation to clarify or expand Constitutional provisions. Examples Congress created and expanded the tax code. Congress expanded the Presidential Cabinet and independent agencies. (i.e., CIA, FBI, Housing Authority, etc) Congress established the current Federal Court structure.

Changes Through (Party) Practices Party practices have played a major role in shaping the government. Examples The meanings of “high crimes and misdemeanors” in impeachment. Neither the Constitution nor federal law provides for the nomination of presidential candidates by party.

Informal Presidential Changes Presidents have made a number of important informal amendments. Examples Presidential Succession: John Tyler after William Henry Harrison’s death. Finalized by 25th Amendment Foreign Affairs: Executive Agreement instead of a Treaty Domestic Affairs: Suggesting Legislation

Changes Through Court Decisions Through Judicial Review, the Supreme Court can declare laws & actions as unconstitutional. Judicial Restraint Judicial Activism Examples Plessy v. Ferguson Establishes Separate but Equal Brown v. Board of Education Ended Segregation Roe v. Wade Right to an Abortion is Constitutional Gideon v. Wainwright Right to Counsel, Due Process

Changes Through Custom and Usage Unwritten customs and precedents can be as strong as written law. Examples George Washington made 2 term limits a custom. Finalized by the 22nd Amendment The creation of Political Parties is a custom.

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