What do most world constitutions
have?
• Preamble
• Explanation of organization of
government. (Articles)
• Individual rights of the people
• Amendment procedures
A Comparison of World
Constitutions
• Mexican Constitution (2002)
– 123 Articles
• Russian Constitution (1993)
– 146 Articles
A Comparison of World
Constitutions
• No formal written constitutions
– Great Britain
– Israel
– Saudi Arabia
• Governments work from a series of laws or
decrees.
• http://www.parliament.uk/
US Constitution
• Shortest
• Oldest constitution still in use
• Divides power among three branches and
states - whereas other countries give more
power to one branch (executive in France
and Russia) and more to the national
government not states.
Constitutional Amendments
Formal Methods for Amending the
Constitution
• Proposal –
– 2/3 vote in both the US House and US Senate
Or
- National constitutional convention called by Congress
by 2/3 of the state legislatures (which has never been
done)
• Ratification
– By ¾ of state legislatures (38 states needed)
– By special ratifying conventions in ¾ of the states
(like a public referendum) * Has only happened once
for repeal of prohibition (21)
Sources for Informal Methods of
Amending the Constitution
• “flexible” constitutional clauses
– “elastic clause” and commerce clause
• Judicial review by Supreme Court
• Social and cultural change placing
pressure on state governments and laws
to be compliant with local interpretation of
US Constitution
• Changes in the role of federalism between
state and national government.
Informal Methods of Amending the
Constitution
• Necessary and Proper Clause (Elastic Clause)
– in Article I, section 8
– allows Congress some flexibility to do things that are
related to its enumerated powers that are listed in
Article I, section 8
• Example Congress can conduct a draft in order to fulfill the
enumerated power to raise an army
– has allowed Congress broad powers to expand the
meaning and execution of the constitution
– has helped keep formal amendments low in number.
Informal Methods of Amending the
Constitution
• Article II clauses for president have given
some flexibility to president the same way
the elastic clause has for Congress:
• These clauses include:
– “faithfully execute” from oath of office
– “wield executive power”
– Examples: president can choose to enforce
laws passed by US Congress a certain way or
rulings passed by the Supreme Court
Informal Methods of Amending the
Constitution
• Judicial review
– When the Supreme Court finds a law created by US
Congress or state legislatures unconstitutional or
when they find some action taken by a government
agency or person unconstitutional
– Case must be brought by someone actually affected
by the law or government action. Person bringing the
case is listed first in case title.
– First established with the case Marbury v Madison
(1803) which found the Judiciary Act unconstitutional
– Judicial review by federal courts can force state
governments to change their 10th amendment
(reserved powers) powers
• Ex – Brown v. Board of Education - application of equal
protection clause under 14th as well as the commerce clause
for school desegregation in the south
Informal Methods of Amending the
Constitution
• Social and Cultural changes force
different interpretations of Constitution by
lower federal courts (US District courts
and US Court of Appeals) and state
governments seeking to be in compliance
with US Constitution.
Ex - Gender discrimination laws exist even
though there is not a formal Equal Rights
Amendment
Informal Methods- Social Change
Shifts in role of national and state governments that are outlined in
constitution vary depending on needs of country. National
government may become more involved in “reserved powers of the
states” - 10th amendment depending on need.
Example 1 -Federal government has become involved in education and
elections (normally state domain) to fix problems that have interfered
with major rights on US citizens.
Example 2 –In times of economic crisis the national government tends
to expand its constitutional roles
A. New Deal programs (under FDRoosevelt) expanded power/role
of national gov’t during Great Depression
B. Our current economic bailout programs with private companies