Amending
The
constitution
Formal Amendment Process
Amendment
A written change, or addition to, the constitution
Formal Amendment
Changes or additions to that become part of the written language of the constitution
Done through one of the four processes laid out in Article V of the constitution
Formal Amendment Process
First Method
1. An amendment is proposed by a two-thirds vote in each house of congress
2. The proposed amendment must be ratified by three fourths of the state
legislatures (38 state legislatures)
State legislatures are the legislative branches of State governments
*26 of the 27 amendments
to the constitution have been
ratified this way
Formal Amendment Process
Second Method
1. An amendment is proposed by a two-thirds vote in each house of congress
2. Ratified by conventions in three fourths of the states (38 states)
These conventions are held for the purpose of ratifying the proposed amendment
Formal Amendment Process
Third Method
1. Two thirds of the state legislatures may request for a national convention, called
by congress
2. The amendment must be ratified by three fourths of the state legislatures (38
states)
Formal Amendment Process
Fourth Method
1. Two thirds of the state legislatures may request for a national convention, called
by congress
2. The amendment must be ratified by state conventions in three fourths of the
states
Formal Amendment Process
Federalism and the Amendment Process
The formal amendment process emphasizes the federal character of our
government
Proposals take place at a national level
Ratification lies in the hands of the states
Formal Amendment Process
Popular Sovereignty and the Amendment Process
The constitution is ratified by representatives of the people…or is it?
Some criticize sending proposed amendments to state legislatures rather than
conventions
State Legislatures- typically elected to political office for reasons such as party
affiliation, name familiarity, and their stand on matters such as taxes, schools,
and state welfare
Convention Delegates- chosen by the people for only one reason; whether they are
for or against the proposed amendment
Formal Amendment Process
Proposed Amendments
Article V; one restriction on proposing amendments
“No State, without its consent, shall be deprived of its equal suffrage in the Senate”
•
A proposed amendment that is not ratified may be reconsidered in the future
•
Once an amendment is ratified, the action is final and unchangeable
•
Deadlines (typically 7 years) may be placed on ratification of a proposed
amendment
Over 100,000 amendments have been proposed in congress since 1789
33 of these have been sent to the states
27 have been ratified
Formal Amendment Process
27 Amendments
Bill of Rights
The first ten amendments added within three years after the constitution became
effective
- Many, including Thomas Jefferson, supported the constitution only if a listing
of the basic rights of the people was added to it immediately
The 10 amendments defend the freedoms of belief and expression, freedom
and security of the person, and fair and equal treatment before the law
Formal Amendment Process
27 Amendments
The later amendments came about typically after a particular set of circumstances
•
The 13th amendment abolished slavery after the Civil War
•
The 26th amendment lowered the voting age to 18 and came about during WWII,
“Old enough to fight, old enough to vote”
Constitutional Change by Other Means
Over time, many changes have been made to the constitution which have not
involved any changes to its written words
Constitutional Change (other than formal amendments) take place in 5 basic ways:
1. The passage of basic legislation
2. Actions taken by the president
3. Key decisions of the supreme court
4. The activities of political parties
5. Custom
Constitutional Change by Other Means
Basic Legislation
1. Congress has passed a number of laws to spell out a number of the constitution’s brief
provisions
What does this mean?
Congress has filled in the blanks in the sections that the Framers intentionally left vague
Examples:
Article III, Section 1- There will be “one Supreme Court, and…such inferior (lower) courts as
the congress may…establish”
Article II- creates the offices of the President and the Vice President
2. Congress has changed the constitution by how it uses its powers
The constitution gives congress the power to regulate foreign and interstate commerce- the
actions of congress, since the passing of the constitution, has established what this means
Constitutional Change by Other Means
Executive Action
The way in which a number of Presidents have used their powers has contributed to changes
in the constitution
Article 1, Section 8, Clause 3- Only congress can declare war
Article 1, Section 8, Clause 11- The President is the Commander in Chief of the nations armed
forces
Several presidents, acting as commander in chief, have made war without a declaration from
congress
Treaty- A formal agreement between two or more sovereign states, must be approved by the
senate (Article II, Section 2)
Executive Agreement- a pact made directly between the President and the head of a foreign
state
Constitutional Change by Other Means
Court Decisions
The nations courts, primarily the Supreme Court, interpret the constitution in may cases they
hear
Judiciary Review
“Landmark Cases”
Mabury v. Madison invalidated a law by declaring it unconstitutional
Constitutional Change by Other Means
Party Practices
The constitution makes no mention of political parties; however, political parties have also been
the source of constitutional change
Most of the Framers were opposed to the growth of political parties
The constitution does not provide for how candidates for
President are selected
- major parties hold national conventions
- the parties have converted the electoral college
Congress is now organized and conducts most of its business on the basis of party
Constitutional Change by Other Means
Custom
Cabinet- an advisory body to the cabinet, made up of the heads of 15 executive departments
By custom, not by constitution
The Vice President has succeeded to the office President on eight occasions when the
President has died in office
By custom, not by constitution until the 25th Amendment in 1967
Senatorial Courtesy- the senate will not approve a presidential appointee if the appointee is
not acceptable to the senator(s) of the state affected by the appointment
By custom, not by constitution