Chapter 3
The Constitution
Formal Amendment
• Objectives:
– Identify the four different ways by which the
Constitution may be formally changed.
– Explain how the formal amendment process
illustrates the principles of federalism and
popular sovereignty.
– Outline the 27 amendments that have been
added to the Constitution.
Formal Amendment
• Why It Matters:
– The Framers of the Constitution realized that,
inevitably, changes would have to be made in
the document they wrote. Article V provides
for the process of formal amendment. To this
point, 27 amendments have been added to
the Constitution.
Formal Amendment
• Political Dictionary:
– Amendment
– Formal amendment
– Bill of Rights
Formal Amendment
• 4 million to 290 million
• 13 colonies to 50 states
• Constitution is NOT the same now as in
1787.
Formal Amendment
• Formal Amendment Process
– Article V
• Proposal by 2/3 of each house of Congress to be ratified by
3/4 of states (38).
– This method has been used 26 out of 27 amendments
• Proposal by 2/3 of each house and a call for conventions in
the states. Then approved by 3/4 of states (38).
– Only used once on the 21st amendment in 1933.
• Call from 2/3 of state legislatures (34) for a national
convention to consider amendment. It must then be ratified
by 3/4 of states (38). Never used.
• An amendment may be proposed by a national convention
and then ratified in 3/4 of state conventions (38). Never
used.
Formal Amendment
• Formal Amendment Process (cont.)
– Federalism and Popular Sovereignty
• Approval process reinforces federalism and
indirectly sovereignty.
• Sometimes criticized as being representative and
not direct.
• The state legislature must act first.
Formal Amendment
• Formal Amendment Process (cont.)
– Proposed Amendments
• No state may be deprived of its representation in
the Senate.
• The President is NOT involved—does not sign.
• If rejected by a state it may later be reconsidered,
once approved, however, it is final.
– 10,000 amendment proposals have been submitted.
 Only 33 have been sent to the states and only 27
ratified.
Formal Amendment
• Formal Amendment Process (cont.)
– Proposed Amendments (cont.)
• 10,000 amendment proposals have been submitted.
– Only 33 have been sent to the states and only 27 ratified. Six
failed:
 One proposed in 1789 with the Bill of Rights died.
 One offered in 1789 became the 27th (Congressional
Compensation).
 1810-foreign titles void citizenship.
 1861-no slavery amendments.
 1924 an act to regulate child labor.
 1972 Equal Rights Amendment by 1984 fell short.
 1978 representation for the District of Columbia
 A 7 year time limit for enactment started in 1917 (ERA in
1979 was given a 3 year extension).
Formal Amendment
• The 27 Amendments
– The Bill of Rights
• Proposed in 1789—ratified by 1791.
– The Later Amendments
• The 12th corrected a electoral college problem
after the election of 1800.
• The 13th abolished slavery in 1865, the 14th
granted citizenship to blacks in 1868, and in 1870
the 15th granted the right to vote to blacks.
Formal Amendment
• The 27 Amendments (cont.)
– The Later Amendments (cont.)
• The 18th in 1919 prohibited alcohol and was repealed by the
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21st in 1933..
The 19th in 1920 granted women the vote.
The 22nd in 1951 limited the presidency to two terms.
The 25th in 1967 deals with presidential succession.
The 26th in 1971 granted the vote to all over 18.
The 27th in 1992 prohibits congressional raises during the
“current” term.
Constitutional Change by Other
Means
• Objectives:
– Identify how basic legislation has changed the
Constitution over time.
– Describe the ways in which the Constitution
has been altered by executive and judicial
actions.
– Analyze the role of party practices and custom
in shaping the Constitution.
Constitutional Change by Other
Means
• Why It Matters:
– The 27 formal amendments to the
Constitution have not been a major part of
the process by which that document has kept
pace with more than 200 years of farreaching change in this country. Rather,
constitutional change has more often
occurred as a result of the day-to-day, yearto-year workings of government.
Constitutional Change by Other
Means
• Political Dictionary:
– Executive Agreement
– Treaty
– Electoral College
– Cabinet
– Senatorial Courtesy
Constitutional Change by Other
Means
• Basic Legislation
– Expanded into the detail
– Tens of thousands of “laws”
• Executive Action
– Commander in Chief
– Executive Agreement—used frequently now
– Treaty—cumbersome process
Constitutional Change by Other
Means
• Court Decisions
– Marbury v. Madison in 1803
– A “constitutional convention in continuous
session”
• Party Practices
– Not in the beginning—Washington warned
against.
– Party Conventions
– Electoral College
Constitutional Change by Other
Means
• Custom
– Unwritten
– Cabinet
– Vice President role developed
– Senatorial courtesy—a nominee must be
acceptable in home state.
– No third-term for 150 years