1. The Formal and Informal Amendment Process
Chapter 2
Constitution

2. Formal Amendments 4 methods All similar
27 formal amendments over the last 226 years

3. Methods 1st method 26 of 27 happened this way
Proposed in congress by a 2/3s vote in both houses
Ratified by ¾ of the the state legislatures

4. Cont. 2nd Method 21st amendment was done this way
Proposed in congress by a 2/3s vote in both houses
Ratified by conventions held in ¾ of the states

5. Cont.
3rd method
Proposed at a National Convention called by congress when requested by 2/3rds of the state legislatures
Ratified by ¾ of the the state legislatures

6. Cont.
4th Method
Proposed at a National Convention called by congress when requested by 2/3rds of the state legislatures
Ratified by conventions held in ¾ of the states

7. Why? Maintain the Federal character of the government
Proposals start at the national level and ratification is in the states.
Federalism
Will of the people
The president does not sign an amendment
This is not lawmaking – it is bigger – we are changing our philosophy about something.

8. Why the State Legislature?
States legislatures can ask the people in an advisory vote.
States can change their mind if they disapprove the first time

9. The Amendments
10,000 proposed
33 to the states
27 approved

10. Notable Amendments 1-10 Bill of Rights 12 – Choosing the President, VP
13,14,15 – Civil War Amendments
16 – Income Tax
17 – Senators – Popular Vote
18 – 21 Prohibition – Repeal
19 – Women’s Suffrage
22 – Presidential Term Limits
25 – Presidential Disability and Succession
26 – Voting Age set at 18 yrs

11. The Informal Amendment Process
The process by which many changes have been made in the Constitution that have not led to changes in the document’s written words.
Five ways
Passing basic legislation
Actions of the President
Decisions made by the Supreme Court
Activities of Political Parties
Custom

12. Basic Legislation Constitution is a basic skeleton
Congress has added the flesh (laws) that define the meanings in the Constitution
Creation of the Executive Branch and Judicial System

13. Executive Action
A presidents different interpretation of the Constitution and how he acts on that interpretation can create an informal amendment.
Executive order 9066 – Japanese Internment
Executive order 9981 – integration of the Armed Forces
Use of the armed forces
Executive Agreement – Foreign Treaties – Kyoto Protocol.

14. Court Decisions
The Supreme Court and lower courts can make decisions that either declare the unconstitutionality of something or create a legal precedent the can be followed thus modifying the constitution.
Brown v. Board of Education

15. Political Parties The Constitution makes no mention of them
The Founders warned against them
They have come to dominate our political and governing processes
Candidates are nominated
Electoral College
The Legislative and Executive Branches are organized around them.

16. Custom Unwritten customs can be as strong as written laws
Presidential Cabinet
Vice Presidential succession (25th in 1967)
No third term for President (22nd in 1951)