1. What is the purpose of the Preamble? 
What is the goal of the Constitution according to the Preamble?
Who is included in the phrase “We the People...”?

2. “Nothing is more likely than that the enumeration of powers is defective. This is the ordinary case  of all human works. Let us go on perfecting it by adding by way of amendment to the  Constitution those powers which time and trial show are still wanting.” –Thomas Jefferson to Wilson Nicholas, 1803 
“No Society can make a perpetual constitution, or even a perpetual law.” – Thomas Jefferson to James Madison, 1789 
Why is the possibility of Constitutional change so important as described by  Thomas Jefferson?
In what ways would the United States Constitution have been “defective” in 1789? 
How has the use of Constitutional amendment promoted the extension of freedom described  in the Declaration of Independence?

3. Enquiry Question: How is the constitution amended?

4. Learning Outcomes To explain the amendment processes
To analyse the advantages and disadvantages of these processes
To evaluate the extent to which interpretative and practical amendments can also change the constitution

5. What is an amendment?
“An amendment is a change in the function or structure of government that extends the statement We the People…to all citizens.”
Read the constitutional amendments.
Do they fit our definition of Amendment? 
What is the purpose of each amendment?
Complete the worksheet “Analysing Constitutional Amendments”

6. What is the process for changing the constitution?
The Founding Fathers, while realising the likely need to amend the Constitution, wanted to make doing so a difficult process.
Under Article V of the Constitution, there are two ways to propose amendments to the Constitution and two ways to be ratified by the states.
Thus, it was to be 2 stage process requiring super-majorities of more than 50% such as a 2/3 majority in both houses of Congress and ¾ of the states agreement.

9. YOUR TASK:
Complete a Venn diagram to show the two amendment processes.
You should be able to write the differences between the two ways to amend the US Constitution. You also should be able to find similarities.

10. What is the process for changing the constitution?
The Supreme Court has stated that ratification must be within “some reasonable time after the proposal.”
Beginning with the 18th amendment, it has been customary for Congress to set a definite period for ratification.
In the case of the 18th, 20th, 21st, and 22nd amendments, the period set was 7 years, but there has been no determination as to just how long a “reasonable time” might extend.
Of the thousands of proposals that have been made, only 33 obtained the necessary two-thirds vote in Congress. Of the 33, 27 amendments have passed
Let’s take a closer look:
Read the hand-out “Proposed Constitutional Amendments”

11. Why is the constitution so hard to amend?
Amendment process is deliberately difficult Constitution is unspecific (e.g. provide for the common defence and general welfare) Judicial Review – interprets constitution and can effectively change meaning (“interpretative amendments”) Prohibition is a lesson – amend with caution!!
Watch the video clip!

12. Learning Outcomes To explain the amendment processes
To analyse the advantages and disadvantages of these processes
To evaluate the extent to which interpretative and practical amendments can also change the constitution

14. Cartoon Analysis
What does the boy in the cartoon represent? The train?
What is the cartoonist saying about the amendment process?
Why does the amendment process take so long?  What are the  advantages and disadvantages of such a long process? 
According to our discussion of the term “amendment” would either of the amendments waiting for passage in this cartoon fit our definition? Why or why not?

15. Advantages
Disadvantages
the principles of the constitution are safeguarded from short-lived popular sentiment
the fact that 27 amendments have passed shows that amendment is possible
it works – the US constitution is the world’s oldest functioning example
the constitution can become ‘fossilised’ and reforms many regard as desirable – e.g. to Senate representation and the Electoral College, or additional rights, such as the Equal Rights Amendment - are near impossible to achieve
the difficulty of updating the constitution has encouraged the Supreme Court to assume this role
there are uncertainties in the procedure, e.g. the length of time required to secure a ¾ majority of the state legislatures, or whether states are permitted to rescind their ratification

16. Watch the West Wing clip!
CASE STUDY
The ERA
YOUR TASK:
Read the Article “New Drive Afoot to Pass Equal Rights Amendment”, and answer the following questions.
What is the Equal Rights Amendment (ERA)?
When was it introduced?
What obstacles have kept the ERA from being added to the Constitution? 
Why is there renewed interest in passing the ERA?
What are the arguments against the Equal Rights Amendment?
Do you think that the amendment process should begin anew or should the  amendment be added when the necessary numbers of states accept the  amendment? Justify your response with evidence from the article.
Based on your understanding of the term amendment, do you think the ERA  should be added to the Constitution?
Watch the West Wing clip!

17. Learning Outcomes To explain the amendment processes
To analyse the advantages and disadvantages of these processes
To evaluate the extent to which interpretative and practical amendments can also change the constitution

18. Amending the Constitution
Informal Amendments
The United States Constitution can be changed informally.
Informal amendments mean that the Constitution does not specifically list these processes as forms of amending the Constitution, but because of change in society or judicial review changed the rule of law de facto.
These methods depend on interpretations of what the constitution says and on interpretive understanding of the underlying intent.
This type of change occurs in two major forms: through circumstantial change and through judicial review.

19. Amending the Constitution
Societal Change
Sometimes society changes, leading to shifts in how constitutional rights are applied.
For example, originally only land-holding white males could vote in federal elections.
Due to a burgeoning middle class at the peak of the Industrial Revolution in the 1800s, society became focused on expanding rights for the middle and working classes.
This led to the right to vote being extended to more and more people.
However, formal recognition of the right of poor whites and black males, and later of women, was only fully secured in the Fifteenth Amendment (1870) and the Nineteenth Amendment (1920).

20. Amending the Constitution
Judicial Review
In the United States, federal and state courts at all levels, both appellate and trial, are able to review and declare the constitutionality of legislation relevant to any case properly within their jurisdiction.
This means that they evaluate whether a law is or is not in agreement with the Constitution and its intent.
In American legal language, "judicial review" refers primarily to the adjudication of constitutionality of statutes, especially by the Supreme Court of the United States.

21. 2nd Amendment: Right to bear arms
Protects right to gun ownership
Except:
Automatic weapons
Machine guns
Military weapons
“weapons of war”
Right to won a gun, but states can control this – “within reason”

22. Heller v DC Should you have the right to carry a gun anywhere?
CASE STUDY
Heller v DC
Should you have the right to carry a gun anywhere?
YOUR TASK:
Read “Interpreting the Second Amendment” Taken from Keeping the Faith with the Constitution by Christopher H. Schroeder, Goodwin Liu, and Pamela S. Karlan, Chapter 2: Judicial Interpretation of the Constitution p30-33
How has judicial review of the 2nd amendment made “interpretive amendments” to this right?
Watch the video clip that explains the case!

23. Learning Outcomes To explain the amendment processes
To analyse the advantages and disadvantages of these processes
To evaluate the extent to which interpretative and practical amendments can also change the constitution

24. Enduring Questions
Is the amendment process the reason why the Constitution has lasted so long?
What contemporary events and/or issues may lead to constitutional amendments in the future? Why?
Which amendment that has already been passed is the most important? What makes it the most important?

25. Could you be Founding Fathers? Constitutional Amendment
YOUR TASK:
You have 5 minutes in which to write an amendment to the US Constitution.
Think specifically about the language you use – is it precise/vague enough?
Does it fit with our definition of an amendment?
Pass your proposed amendment to the Teacher.
The class will vote on your amendment.
Remember you need a 2/3 majority in order to send your proposal for ratification.

26. Homework Application Task:
How difficult is it to amend the US constitution?
Explain the advantages and disadvantages of the process of amending the Constitution.
Flipped Learning Preparation Task:
The Adaptive Constitution (McKay p53-60)
Stretch & Challenge Task
Article: What is the scope of the Bill of Rights? [6e.]