1. The Amendment Process

2. 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)

3. 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?

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

5. 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

6. 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

7. 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

8. 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)

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 The Amendment Process Step Three: Repealed
An amendment can be repealed
Amendments are repealed if citizens do not like the effects of the amendment
Only one amendment has been repealed to date
21st Amendment (Repealed Prohibition)

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

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

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

13. 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)

14. 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

15. 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