THE US CONSTITUTION
A “living” document- Why?
brief original structure & amendment process
(7 articles)
(27 Formal Amendments)
 Oldest constitution in the world.
 Changed / interpreted /adapted through Formal
and Informal Amendment methods

Ratify
Propose
Change
Congress
3/4
State
Legislatures
2/3
2/3
State Leg.
Convention
ratify
3/4
States
Ratification
Convention
FORMAL AMENDMENT PROCESS
4 WAYS TO CHANGE THE CONSTITUTION
How many
times has
the method
been used?
1=
1.
26
2.
2=
1
3=
0
3.
4.
4=
0
4 METHODS OF AMENDING
2/3 of each house of Congress propose Legislatures of ¾ of the States ratify. (used for
26)
2.
2/3 of each house of Congress proposeRatified by Conventions in ¾ of States. (used
once)
3.
National Convention Proposes- (Called for by ¾
of Congress or petitions from ¾ of the state
legislatures)Legislatures of ¾ of the States ratify. (never
used)
4. National Convention Proposes-(Called for by ¾
of
Congress or petitions from ¾ State Legislatures.)1.
WHY HASN’T THE NATIONAL CONVENTION
METHOD EVER BEEN USED?
Also called- Article 5 Convention
 Fear of a “run-away” convention…. So
Congress proposes instead.
(Ex. The Philadelphia or Constitutional
Convention!)
(Ex: balance federal budget, response to Supreme
Court rulings re: Flag burning.)
 Logistic problems- How many reps per state?
Where would it be held? Process not defined.

FORMAL AMENDMENT PROCESS
1. Reflects Federalism:
-Propose at National level
-Ratify at State level
2. Structure to propose or ratify=
Legislature or Convention.
3. Requires less to propose (2/3)
than to ratify (3/4).
4. Reflects “Popular Sovereignty”
People have a direct voice (Conventions)
or through elected officials
(Congress / State Legislatures)
FORMAL AMENDMENT PROCESS
5. Incorporates Separation of PowerNational Govt = Power to propose
State Govts = Power to ratify
6. Incorporates Checks & Balances- Natl Govt proposes- States ratify
- -Natl govt proposes or State Legislatures can force
Congress to call a convention.
-
7. What is the only item that CANNOT be
changed with a formal amendment?
Equal representation of the states in the Senate
27 FORMAL AMENDMENTS
THE 27 CONSTITUTIONAL AMENDMENTS
A. Basic Liberties - The Bill of Rights
 #1-3 = Freedoms of expression,
protection and privacy.
 # 4-8 = Rights of the accused, on trial &
conviction
 #9 = un-enumerated (not listed)rights
 #10 = Reserved Powers Clause (State’s Rights)

OOOPS!!! PROBLEMS WITH THE SYSTEM
#11 – States cannot be sued in Federal Court.
(Protects Federalism)
#12- Separated votes for President & Vice-president in
the electoral college.
(Election of 1800 – Jefferson & Burr tied)
(Took 36 ballots in House to elect Jefferson)
CIVIL WAR AMENDMENTS
#13 Abolishment of Slavery
#14 Due Process & Equal Protection under Federal
and State Law / Action
#15 Cannot deny right to vote based on race.
(Intention= give former slaves the right to vote)
20TH CENTURY AMENDMENTS
ISSUES: SOCIAL, SUFFRAGE,
PRESIDENTIAL
Social issues:
#16 – Made income tax legal
#17 – Direct Election of Senators
#18 – Prohibition
#21 – Repeal of Prohibition
SUFFRAGE= VOTING RIGHTS
15th – Race-Voting rights for former slaves
 19th – Gender – Women’s right to vote
 23rd – Residents of the District of Columbia
 24th – No Poll Taxes
 26th – Age- 18 year olds+

PRESIDENTIAL AMENDMENTS
#20 – Moved Presidential inauguration from March
to January 20th
(shortened “lame duck” period of the
president)
#22 - Presidents are limited to 2 terms,
or 10 years.
#25 – Defined the order & process of
presidential succession & disability.
27TH AMENDMENT
#27 = Congressional pay raise cannot go into effect
until a new term begins.
One of the first proposed,
last one to be ratified!
-Proposed in the first session of Congress by James
Madison.
-No deadline set, so once the 38th state (Illinois)
ratified in 1992 it was certified.
WHICH AMENDMENTS……
1.
2.
3.
4.
…add or Subtract from the power of the
national government?
…limit the power of the state governments?
…expand the right to vote?
…change an area of the government structure ?
HOW WAS JUDICIAL REVIEW
ESTABLISHED?
Marbury


“midnight justice” –a
justice of the peace,
appointed by John Adams,
literally on the eve of his
last night as president.
Requested a “writ of
mandamus” from the
Supreme Court.
-Judiciary Act of 1789
-Section 13 of this act
also gave the Supreme
Court original jurisdiction
to hear such suits.
v. Madison




1803
Jefferson’s Secretary of
State.
Jefferson ordered Madison
not to deliver the
commission, because he
was angry with the
Federalists’ “court packing
scheme”
2 years later…Chief justice
John Marshall denied the
writ and declared the
Judiciary Act of 1789
unconstitutional.
WHY????