How to amend the
Constitution?
Formally and Informally
Formal Amendment of the US
Constitution (Article V)
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2/3 majority of both houses of Congress
propose*, **
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¾ state legislatures ratify*
¾ state conventions ratify**
2/3 majority of a national convention called by
2/3 of the states
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¾ state legislatures ratify
¾ state conventions ratify
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*-26/27 amendments proposed/ratified
**-Only 21st ratified through this method
Formal Amendment FYI
What part of the Constitution can NEVER be
amended?
■ No state can be deprived of its equal
representation in the Senate
■ Why is the formal amendment process so
difficult?
■ Founders wanted it to be difficult, “consensus”
changes to the document
■ prevent one branch from controlling government
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Informal Amendment:
making changes in government practices without
changing written document
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Most changes to our government are made
through “INFORMAL AMENDMENT” process
◻ Court decisions
◻ Executive decision
◻ Legislative action
◻ Political parties
◻ Custom or tradition
Court Decisions
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US Supreme Court INTERPRETS the
Constitution
Examples
◻ Marbury
v. Madison (judicial review)
◻ Gideon v. Wainright (incorporated 6th
amendment)
◻ Roe v. Wade (right to privacy)
◻ Texas v. Johnson (symbolic speech)
Executive Decisions/Actions
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Conducting war
Executive agreements (informal treaties)
Executive privilege (withhold info/nat’l
security)
Executive orders (establishing cabinet
level departments, creating “czar”
positions in government)
Legislative Action
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Congress passes a law clarifying or defining a
part of the Constitution
Defining VAGUE powers with specific acts
Judiciary Act of 1789 (creation of lower courts)
War Powers Act of 1973 (defined role of
Congress when no formal declaration of war)
Creation of Cabinet Departments (Homeland
Security) aka “authorization and appropriation”
Political Party Practices
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Actions of the Democrats and Republicans (post
SOTUA)
Party organization in Congress (Leadership
positions such as Majority and Minority Leaders)
Caucuses and Primaries in the states to award
delegates at national convention
National Conventions to NOMINATE presidential
candidates
Customs and Traditions in
Government
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Department heads (15)= Cabinet
VP “becomes” president (made formal by
25th amendment)
“no third term” tradition (made formal by
22nd amendment)
Essay Question for CH. 1 and 2
TEST:
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The US Constitution has endured for more than two
centuries as the framework for government. However,
the meaning of the Constitution has been changed both
by formal and informal methods.
Identify 2 formal methods for adding amendments to the
Constitution
Describe 2 informal methods for adding amendments to
the Constitution. Provide ONE specific example for each
informal method you described. (make sure you explain
HOW it changes the meaning of the Constitution)
Explain why informal methods are used more often than
the formal amendment methods.