Chapter 3 Section 2
Formal Amendments
Formal Amendment
• Changes to the
constitution can
happen in two ways
– Formal Amendments
– Informal means
Formal Amendment
• Constitution is about 200
years old
• Scattered population
– Travel and communication
was limited
• Today
– Stretched across 50 states
• The Constitution of today
is/is not the same of 1787
Formal Amendment Process
• Amendment: changes in the written word
of the constitution
• Established in Article 5
– Two methods of proposal
– Two methods of constitutional amendments
Formal Amendments
• 1st Method:
– Proposed by Congress by 2/3 votes
– Both houses of Congress
– Today: 38 states must approve
– 26 of 27 amendments were adopted this way
Formal Amendment
• 2nd Method:
– Proposed by Congress
– Ratified by conventions
– ¾ states needed
– 21st Amendment (1933)
• Believed popularly elected delegates = reflect
public opinion
• Repealed prohibition
Formal Amendment
• 3rd Method
– Proposed by National Convention
– Called by Congress
– Request 2/3 of states
– Must be ratified by ¾ State legislatures
– Congress has not called a convention
Formal Amendment
• 4th Method:
– Proposed by national convention
– Ratified by conventions
– ¾ states needed
– Constitution was adopted in this way
Federalism and Popular
Sovereignty
• Amendment Process:
– Emphasizes the Federal Character of
governmental system
– Proposes take place at national level
– Ratification is a State by State manner
– Represents the expression of the People’s
sovereign will
Federalism and Popular
Sovereignty
• Criticize the practice of sending to State
legislatures vs. conventions
• Permits change without expression from the
people
• Representatives elected:
–
–
–
–
Party membership
Name familiarity
Stands on taxes, schools, welfare programs
Not elected for stand on Amendments
• Conventions: people elected specifically for the
yes-no vote on Amendment
Federalism and Popular
Sovereignty: Supreme Court Role
• State cannot require an amendment
proposed by Congress to be approved by
a vote of the people of a State before it
can be ratified by State legislature
• State can call for an advisory vote by the
people
Proposed Amendments
• One Restriction
– “NO State, without its consent, shall be
deprived of its equal Suffrage in the Senate.”
• If both houses approve it DOES NOT go to
the president for approval/veto
– It is not making LAW (not legislating)
• State rejections:
– Not forever bound by the action
– Can reconsider and ratify
Proposed Amendments
•
•
•
•
•
15,000 since 1789
Only 33 have been sent to states
Only 27 have been ratified by States
1st 10 Amendments = Bill of Rights (1791)
Congress can put “a reasonable time limit”
The 27 Amendments
Bill of Rights
• Added less than 3 years after ratification of
Constitution
• Proposed 1st session of Congress
• Set out the guarantees:
– of freedom of belief and expression
– of freedom and security of the person
– of fair and equal treatment before the law
Chapter 3 section 3
Constitutional Change
by Other Means
Constitutional Change by other
Means
•
•
•
•
•
Basic Legislation by Congress
Actions taken by the President
Key decisions of the Supreme Court
The activities of politcal parties
Custom
Constitutional Change by other
means: Basic Legislation
• Congress passes laws to “add flesh to the
bones” of the Constitution
– Ideas framers left Skeletal
– Example: federal court systems/ 25th
amendment (succession of president)
• Added by the way it has used its powers
– Example: Foreign commerce and trade
• Does not specifically say what congress does
• Define it by passing laws
Constitutional Change by other
means: Executive Action
• Presidential actions
– produced a number of important informal
amendments
– Example: the use of the military under the power of
commander in chief.
• Executive agreements:
– Pact made by the President directly with head of a
foreign state
– Do not need to be approved by Congress
• Treaties: agreement b/w Sovereign states
– They have to be approved by congress
Constitutional Change by other
means: Court Decisions
• The nation’s courts, most importantly the
United States Supreme Court, interpret
and apply the Constitution in many cases
they hear.
– Example: Marbury v. Madison
Constitutional Change by other
means: Party Practices
• Constitution makes NO mention of Political
Parties
• Neither Constitution or Law provides for
nomination of candidates for presidency
• National Conventions
• Electoral College
– Group that makes the formal selection of the nation’s
president
• Congress conducts business in parties
• President makes appointments based on party
affiliation
Constitutional Change by other
means: Customs
• Cabinet:
– 15 member executive advisory board to President
– Constitution DOES NOT mention a cabinet
• 8 times Vice president took over for presidents
who died in office
– Johnson for Kennedy
– 1963: 25th amendment addressed succession
• Senatorial Courtesy:
– Senate will approve only those presidential
appointees who are acceptable to the senator or
senators of the President’s party from the State
involved
Constitutional Change by other
means: Customs
• 150 years of “NO third term tradition”
– Started with George Washington
– Lasted till 1940
– Roosevelt sought and was elected to a 3rd
and 4th term
• Result 22nd Amendment limiting term limits
– Once unwritten and informal became part of
the constitution