Political Philosophy Leading to
the U.S. Constitution
Ancient Greek Origins
Plato’s Republic
• Examines justice (for both the individual
and for the city)
– People are NOT all equal
• Three levels of individuals:
– Philosophers (Gold)
– Guardians (Silver)
– Masses (Bronze)
Ancient Greek Origins
Aristotle - The Politics
• "From these things it is evident, that the
city belongs among the things that exist by
nature, and that man is by nature a
political animal”
– The formation of cities is natural
– Man is by his own nature a political
being
Political Philosophy Leading to the
U.S. Constitution
• Social Contract Theorists:
– Thomas Hobbes: The Leviathan (1651)
– John Locke: 2nd Treatise on Gov’t (1681)
– Jean-Jacques Rousseau: Social Contract
(1763)
• Three fundamental ideals:
– Natural rights
– Classical Republicanism
– Constitutionalism
Social Contract Theory
• A social contract is an act by which individuals
agree to form a government
• According to social contract theory, governments
are established by the people who combine to
achieve some goal
• Thomas Hobbes, John Locke, and JeanJacques Rousseau were social contract
theorists
• They hypothesized the existence of a state of
nature prior to any government
Hobbes’ Leviathan
• Life is nasty, brutish, and short
• State of nature is war
• For Hobbes, civil war was the ultimate
terror, the definition of fear itself. He thus
wanted to reform philosophy in order to
reform the nation and thereby vanquish
fear.
• Security is most important
Hobbes’ Leviathan
• Civil peace and social unity are best
achieved by the establishment of a
commonwealth through social contract
• Ideal commonwealth is ruled by a
sovereign power responsible for protecting
the security of the commonwealth and
granted absolute authority to ensure the
common defense.
Hobbes’ Leviathan
• Describes commonwealth as an "artificial
person" and as a body politic that mimics the
human body
– The frontispiece to the first edition of Leviathan, which
Hobbes helped design, portrays the commonwealth
as a gigantic human form built out of the bodies of its
citizens, the sovereign as its head
– The image constitutes the definitive metaphor for
Hobbes's perfect government
– His text attempts to prove the necessity of the
Leviathan for preserving peace and preventing civil
war
Locke: Second Treatise on Gov’t
• Governing principle: liberty
• Places sovereignty in hands of the people
• People are equal and invested with natural
rights in a state of nature in which they live free
from outside rule
• Natural law governs behavior, and each person
has license to execute that law against someone
who wrongs them by infringing on their rights
– This person puts himself in state of war with you
Locke: Second Treatise on Gov’t
• People take what they need from the earth, but
hoard just enough to cover their needs
• Eventually, people begin to trade their excess
goods with each other, until they develop a
common currency for barter, or money
• Money eliminates limits on the amount of
property they can obtain (unlike food, money
does not spoil), and they begin to gather estates
around themselves and their families.
Locke: Second Treatise on Gov’t
• People exchange some of their natural rights to
enter into society with other people, and be
protected by common laws and a common
executive power to enforce the laws
• People need executive power to protect their
property and defend their liberty
• The civil state has power over the people only
insofar as it exists to protect and preserve their
welfare
Locke: Second Treatise on Gov’t
• Locke describes a state with a separate judicial,
legislative, and executive branch--the legislative
branch being the most important of the three,
since it determines the laws that govern civil
society
• People have the right to dissolve their
government, if that government ceases to work
solely in their best interest. The government has
no sovereignty of its own--it exists to serve the
people
Locke - Why enter social contract?
• "If man in the state of nature be so free as has been
said, if he be absolute lord of his own person and
possessions, equal to the greatest and subject to
nobody, why will he part with his freedom, this empire,
and subject himself to the dominion and control of any
other power? To which it is obvious to answer, that
though in the state of nature he hath such a right, yet the
enjoyment of it is very uncertain and constantly exposed
to the invasion of others; for all being kings as much as
he, every man his equal, and the greater part no strict
observers of equity and justice, the enjoyment of the
property he has in this state is very unsafe, very
insecure."
Locke: Summary
• Locke's model consists of a civil state
• Built upon the natural rights common to a people
who need and welcome an executive power to
protect their property and liberties
• Government exists for the people's benefit and
can be replaced or overthrown if it ceases to
function toward that primary end
• Consent of the governed – enter into social
contract to protect property and ensure liberty
In The Spirit of Laws, Montesquieu added
the judiciary to Locke's executive and
legislature. He admired the English system,
and wrote of the separation of powers.
Montesquieu wrote of the three forms of
government he recognized: "republican,
monarchial, and despotic."
Montesquieu wrote that in a
republic, education is an absolute necessity.
He noted the point of education in the three
forms: "in monarchies they will have honor for
their object; in republics, virtue; in despotic
governments, fear." He felt that democracies
are corrupted, and devolve to despotism or
monarchy, when the feeling of equality and
fairness evaporate. In this way, a fair and
objective judiciary is essential to the health of a
democracy.
Rousseau: Social Contract
• “Man is born free, yet he is everywhere in chains”
• “Will of all” vs. “General will”
– The general will can never err, as it is always
aimed at the public good
– The will of all is an aggregate of individual selfinterest (tyranny is possible)
• Purpose of political community = create a society
where everyone chooses the laws that govern them
– “Men must be forced to be free”
– By nature, men are unequal
– Making everyone a citizen in society makes them
equal under the law
Natural Rights
Philosophy
Vs
Classical Republicanism
We The People
Unit 2
What are the main attributes of
both views?
Natural Rights
Philosophy
Classical
Republicanism
• Individual rights
• Popular sovereignty/
government by
consent
• Limited government
• Human Equality
• Small uniform
communities
• Citizen and civic
virture
• Moral education
Compare and Contrast the NR
and CR views
Compare
Natural Rights
Philosophy
1. Stressed the
rights of the
individual to life,
liberty and
property
Classical
Republicanism
1. Stressed
promoting the
common good
above the rights
of the individual
Natural Rights
Philosophy
2. Stressed that
human nature is
such that
individual
behavior is
motivated by
self interest
Classical
Republicanism
2. Stressed that
individuals
should be
motivated by
civic virtue.
Natural Rights
Philosophy
3. Stressed that society
is a collection of
individuals, each
sharing the same
right to pursue his or
her own freedom.
(Self Interest,
pursuing
opportunities)
Classical
Republicanism
3. Limited
individual rights to
privacy, belief, expression
and opportunities to read,
think, and earn money. (If
people had freedom to do
such things , they might
stop being reliable and
fully dedicated to the
common good. (Putting
community interest ahead
of individual interest)
Natural Rights
Philosophy
4. Stressed that people’s
opportunities should not
be limited by the situation
or group into which they
were born.
Classical
Republicanism
4. Discouraged diversity of
beliefs, wealth, and ways
of life. Stressed small
communities where
people know and care for
each other. Discouraged
citizens from traveling ,
earning money, and
reading and thinking
about things that had
nothing to do with their
government,
Natural Rights
Philosophy
5. Stressed that the main
purpose of government
should be to protect
natural rights. The state
existed to serve the
interest of the individual.
Classical
Republicanism
5. Stressed avoiding the
formation of factions or
interest groups that might
endanger
What is the primary goal of humans
living together?
Natural Rights
Philosophy
Classical
Republicanism
• Ensure protection of
life, liberty and
property
• Promote the common
good, exercise civic
virtue, achieve human
“excellence”
What ought to motivate human
behavior?
Natural Rights
Philosophy
Classical
Republicanism
• Self-interest, pursuing
opportunities
• Putting community
interest ahead of
individual interest
What is the relationship between
the public sphere and private
sphere
Natural Rights
Philosophy
Classical
Republicanism
• Public sphere a
collection of private
individuals and
interests; no limits on
acquisitions,
Government must be
limited; public sphere
as small as possible
• Public sphere most
important; therefore, need
to limit individual to
privacy, belief,
expression, and
opportunities to consider
thoughts and ideas
incompatible with
common good.
How important is participation in
civic activities?
Natural Rights
Philosophy
Classical
Republicanism
• Deciding to
participate is up to the
individual.
• All citizens should
participate fully in
community to promote
common good; civic
virtue relate to office
holding another
contributions to wellbeing of the community.
The Articles of Confederation
• During the Revolution,
the new United States
needed a functioning
government
• Modeled after colonial
governments
• States would retain
sovereignty
• Founders were fearful of
concentrated power due
to past experience with
the British
A Limited Government
• Articles established a
“firm league of friendship”
among the states
• Bills were passed on nine
of thirteen votes
• Amending the Articles
took unanimous consent
of the states
Structure of Government
• Unicameral (single house)
legislative body
• Each state had one vote
regardless of population
size
• Congress given sole
authority to govern the
country
• An executive committee
oversaw government
when Congress was not in
session
• Congress would establish
temporary courts to hear
disputes among the states
Powers Granted to Government
under the Articles of
Confederation
• Declare war and make peace
•
•
•
•
•
•
Make treaties with foreign countries
Establish an army and navy
Appoint high-ranking military officials
Requisition, print, and borrow money
Establish weights and measures
Hear disputes among the states related to trade or
boundaries
Powers Denied to
Government
•
•
•
•
•
•
No power to raise funds for an army or navy
No power to tax, impose tariffs, or collect duties
No executive branch to enforce laws
No power to control trade among the states
No power to force states to honor obligations
No power to regulate the value of currency
Under the Articles of Confederation, the
states had most of the power while the
national government was weak.
Accomplishments of the
Articles of Confederation
• Administered the sevenyear war effort
• Negotiated the Treaty of
Paris with Britain in 1783
• Established the
Northwest Ordinance of
1787
Map of the land settled in the
Northwest Ordinance of 1787
The Confederation Congress
established the Northwest
Territory.
• Congress passed Land
Ordinance of 1785 to raise
money to pay debts.
• Ordinance provided for
surveying and dividing western
lands.
• Land was split into townships.
• Each township was divided
into lots for sale to the public.
• Congress passed Northwest
Ordinance of 1787.
• Established Northwest
Territory and a system for
creating new states
• Included what are now the
states of Illinois, Indiana,
Michigan, Ohio, Minnesota,
and Wisconsin
• Required the provision of
public education and banned
slavery
Problems Facing the New
Nation
• Trade with
foreign nations
• Financing the
nation
• Foreign
relations
• Interstate
relations
A 1783 cartoon satirizing relations
between Britain and America
Problems Facing the New
Nation: You Decide
•
•
•
•
Trade with foreign nations
Financing the nation
Foreign relations
Interstate relations
Problems with Trade
• U.S. no longer the favorite trading partner of Great
Britain
– U.S. exports to British ports had to be on British ships
– Many U.S.-produced goods were barred from British
ports
– Britain sent vast amounts of cheap goods to U.S.
• Potential Remedy
– Establish a tariff on British goods
• Weakness in Articles of Confederation preventing this
solution
The Nationalists
• By the 1780’s an influential group called “The
Nationalist” wanted to strengthen the federal
government.
• The nationalist included: former military
officers, congressmen, planters & lawyers.
George
Washington
Benjamin
Franklin
James
Madison
Alexander
Hamilton
The Nationalist concerns with
the Articles
• The Federal Government is too weak
under the Articles.
• Lack of a national court system & no
economic policies = chaos
• The US Government wouldn’t command
respect from other national
governments.
• American citizens challenge to authority
& demand of individual freedoms was
getting out of hand.
The Nationalists battle cry
• “Look at what
happened to Rome”…
• America must do it
right “ America is
the example for the
rest of the world.”
Shays Rebellion.. giving the
Nationalist support.
The Causes:
• The wealthy loaned states $ to fight
the revolution.
• After the war wealthy lenders
demanded payment.
• To get payment they forced state
government to raise taxes - $ to
repay loans.
• In Massachusetts, the state raised
taxes only to be paid in gold and
silver which was more scare and
valuable than paper $.
• Farmers in the West were hardest
hit by the taxes & after complaining
to the deaf ear of the legislature
they revolted.
“this is taxation without
representation”
The Farmers Drive off the tax
collectors
The farmers complain to the state
legislature to:
• Take back the taxes
• The legislature refused
• The courts seized their possessions
So the Farmers…
The Revolt
The farmers:
–
–
–
–
Drove off the tax collectors
Forced the courts to close
Rioted
Marched to the gun depot in Springfield.
Congress was helpless
The Effects Of Shays
Rebellion
Realizing they were
helpless in restoring
order• No army
• No aid to the states
Congressional leaders
decided to meet in
Philadelphia to fix
the articles and
strengthen the
federal government.
Shays Rebellion
Virginia Plan
•Called for a powerful central government, with
three branches of government: legislative,
executive, and judicial.
•Bicameral legislature with one house elected
directly by people, the other chosen by
nomination by state legislatures (large states
given more representation than smaller states)
•Legislative branch to have power to choose
executive and judiciary
New Jersey Plan
•Offered by smaller states
•Strengthen Articles—not replace them
•One chamber in legislature, with each state
having one vote
•Congress given power to raise revenue from
duties and postal service
•Supreme Court with members appointed for
life by the executive.
Large State/Small State Conflict
Representation in Congress was the issue
Large states favored representation by population
Small states preferred equal representation for all
states
Connecticut Compromise
•Combined elements of Virginia and New Jersey
plans.
•Representation in one house (lower chamber) to be
based on population, with representatives elected
directly by the people.
•Lower chamber to have power to originate all bills
for raising and spending money.
•All states equally Represented in upper chamber,
and representatives chosen by state legislatures.
Conflict over Slavery
•Issue of ban on slavery trade
•Issue of counting slaves for taxation and representation
Slavery Compromises
•Importation of slaves could not be banned for twenty
years
•Three-Fifths Compromise settled issue of counting
slaves for representation and taxation.
Compromises Regarding Executive Branch
•Term of office set a four years, with no limit on right
to be re-elected
•Electoral College devised to elected president,
which was intended to be an indirect election
system
•Two-step process for removing a president from
office: impeachment by House, conviction by
Senate.
Federalism
•An American invention—no theory or actual models to
copy
•Known models were unitary government and
confederal system
•Federalism was a pragmatic adaptation to the situation
•Needed a stronger national government
•There were limits to the amount of power the states
were willing to give up.
•Thus, the concept of dividing powers between the two
levels of government emerged
Separation of Powers
•Drawn from the writings of Locke and Montesquieu
(Spirit of the Laws)
•Starts from the assumption that there are three basic
powers of government: legislative, executive, and
judicial
•Each of the basic powers is allocated to a different
branch of government (legislative to Congress,
executive to President, judicial to the courts)
Checks and Balances
•Each branch is given some powers to control or limit the
actions of the others
•President can veto bills passed by Congress.
•Congress controls the allocation of money to executive
agencies.
•Courts can declare actions of other two branches to be
unlawful or unconstitutional.
Overview of the Constitution
•Article IV deals with potential conflicts among the
states
•Article V sets forth the amending process
Article VI contains the “supremacy clause.”
What Form of Government?
•While we are inclined to call our government a
democracy, the founders would not have given it that
label.
•Democratic government was often equated with
mob rule and the tyrannical majority.
•The founders would have called it a republic.
A Republic
•When asked what form of government had been
created, Benjamin Franklin replied, “A republic, if
you can keep it!”
•A republic is based on consent of the governed.
•Assumes that natural leaders will emerge to guide
the country.
•It relies on elections to choose leaders.
•Many indirect elections; only members of the
House of Representatives were to be directly
elected by the people.
The Preamble—The
Introduction to the Constitution
• Two main Questions found in the
Preamble:
1. Why they are writing it?
(to form a more perfect union)
2. What are the goals to be reached?
(establish justice, insure domestic
tranquility, provide for the common
defense, promote the general welfare, and
secure the blessings of liberty)
Constitution
• The Constitution is
divided into
1. Articles—the
major divisions
2. Sections--divisions of an
article
3. Clauses--divisions of a
section
Article I---Legislative Branch
• Section One—What is a Congress?
Bicameral Legislature---Two houses, a Senate and House of
Representatives.
• Section Two---House of Representatives
• Clause One: A Representative serves a two year term.
• Clause Two---Qualifications
25 years old, 7 year citizen of the United States, resident of the state
elected.
• Clause Three---Representation: 435 members; New Jersey Plan,
Virginia Plan, The Great Compromise, US Census, Reapportionment
leads to gerrymandering
One man – one vote (each district has to have about the same
number of
people)
4. Clause Four-- If a Representative dies in office the
governor will issue an election to fill the vacancy
5. Clause Five--The House of Representatives will start the
impeachment process. Andrew Johnson, Bill Clinton
Section 3--Senate
Clause One: Senators term is 6 years, originally
Senators were chosen by state legislatures, today
chosen by direct election (17th Amendment)
Clause Two: Senators terms from one state will never
be up for re-election at the same time.
Clause Three: Qualifications- 30 years old, 9 year
citizen of the United States, a resident of the state
elected from.
Clause Four: The Vice-President of the U.S. is the
President of the Senate, the president of the Senate
(Cheney) only votes if there is a tie.
Clause Five -Officers of the Senate
Clause Six: Trial of Impeachments-- Senate tries impeachments
(acts as a jury), House of Reps. introduces the Articles of
Impeachment, House needs a majority (218) vote to bring up
charges, Senate needs 2/3s majority (67) to convict.
Clause Seven: A guilty conviction on the Articles of
Impeachment is removal from office.
A U.S. President cannot be pardoned if found guilty by 2/3s of
the Senate (part of the checks and balance system)
Section Eight: Powers Delegated to Congress
Clause One: Congress can collect taxes for three
purposes: Pay off debts, Provide defense, Provide for
the common welfare.
Clause Two - Can Congress Borrow Money?
Clause Three - Can Congress regulate trade?
Clause Four—Naturalization and Bankruptcy
• Jus soli - “law of land” - if you are born on US soil you
are a citizen.
• Jus sanguinis - “law of blood”- if one of your parents
is an American citizen then you are as well
Clause Five: Congress will make money.
Clause Six: Congress will punish counterfeiters.
Clause Seven: Federal government will establish a mail service.
Clause Eight: Copyrights and Patents.
Clause Nine: Congress establishes and abolishes courts.
Clause Ten: Congress can punish for crimes committed on the
water.
Clause Eleven: Only Congress can declare war.
Clause Twelve: Congress controls the power of the purse
regarding the military.
Clause Thirteen: Congress can maintain a navy
Clause Fourteen: Congress establishes rules for the military
Clause Fifteen: Congress governs state militias (National Guard)
Clause Sixteen: Congress allows the states to appoint National
Guard officers and train their own soldiers.
Clause Seventeen: Washington, in the District of Columbia, is a
federal city under the control of Congress
18. Clause Eighteen: Necessary and Proper Clause
• Congress has the power to establish any rules they deem
necessary and proper
• Elastic Clause—expands the powers of Congress
Section Nine—Powers Denied to the Federal Government
Clause One - Congress stopped the importation of slaves in 1808.
Use the word “such persons” as opposed to “slaves”
Clause Two: The writ of habeas corpus may not be suspended
Clause Three: Congress cannot pass a bill of attainder (legislative act against
a named person)
•
Congress cannot pass an ex post facto law (after the fact)
Clause Four: Congress cannot put a direct tax on an individual
Clause Five: Congress cannot tax an export.
6. Clause Six: Import taxes must be the same at all ports.
7. Clause Seven: Congress controls the federal budget
8. Clause Eight: Titles of nobility will not be granted
Section Ten- Powers Denied to the States
Clause One - States cannot form treaties or alliances
with any other states or countries, States cannot coin
money.
Clause Two- States can not tax imports or exports
with the consent of Congress.
Clause Three- States can not harbor troops in times
of peace, states can not engage in war
Article II—Executive Branch
Section One—President & Vice President
Four year terms.
35 years old, 14 year resident, natural born citizen
1st seven presidents were not natural born
1st natural born was Martin Van Buren
Youngest—Teddy Roosevelt=42
Youngest elected—John Kennedy=43
Oldest—Ronald Reagan=69
Article III—Judicial Branch
Judicial branch interprets the law (Courts)
Legislative makes the law (Congress)
Executive enforces the law (President)
Judicial powers—the power to hear cases
Federal Judges are appointed by the President and
approved by the Senate
2. Clause Two - How does a case reach the Supreme Court?
 SC has two kinds of jurisdiction:
a. Original—a case is first heard by the SC
b. Appellate—cases that are appealed by a lower court
(Most cases come to the SC through appellate
jurisdiction)
 Thousands of cases are brought to the SC each year
 About 75 are heard each year
 Writ of Certiorari—an order from a higher court to a
lower court to see the records and proceedings of a
previous case
Section Three--Treason
1.
Clause One - What is treason?
 Only crime defined in the Constitution (helping a
nation’s enemies or carrying out war against your
country)
 2 ways of being convicted:
1. Confession in court room
2. Having two witnesses testify against you
2. Clause Two - What is the penalty for treason?
 Treason can only happen during time of war
 Maximum penalty is death
 Espionage, Sabotage, conspiracy to overthrow the
government are all similar to treason but happen
during times of peace
Article IV—Relations Among the
States
Full Faith and Credit
Privileges and immunities
Extradiction
Article V
Methods of Amendments
1st Method - need 2/3 of Congress to PROPOSE an
Amendment
2nd Method - need 2/3 of the state legislatures to ask
Congress for a national convention to propose an
Amendment (this method has never been used)
 Need 3/4 of all states to actually ratify or APPROVE an
Amendment. This is done by state legislatures or a special
ratifying convention.
 Over 4000 proposed Amendments since the early 1800s
 Only 27 have been ratified
 1st Ten Amendments were a package deal, 18 and 21
cancel each other out, leaves 15 separate Amendments
that went through the process
Article VI—General Provisions
Section One - Could the new government evade debts
owed as a result of the Revolutionary War?
 New government can’t evade old debts
Section Two - Is the federal law the supreme law of the land?
 Yes - State law cannot override a federal law
Section Three—all officers, state and federal, must take an oath to support
the U.S. Constitution
 Can’t have a religious requirement has part of the Oath
Article Seven--Ratification
Convention—calling of delegates from each state to
ratify the Constitution
 Must have nine states to approve the
Constitution
Constitution was finished September 17, 1787
55 total delegates during the convention
42 were present on the final day but only
39 people signed the Constitution
The following two years provided debate for ratification
The United States Constitution took effect April 30 , 1789
when George Washington was sworn in as President
Ratification of the New Constitution
•Constitution drafted in 1787
•Continental Congress accepted it and forwarded it
to the states for ratification.
•Ratified in 1788
•Went into effect in 1789.
Loosening the Rules for Ratification
•The amending process included in the Articles of
Confederation was quite difficult—all states must agree to
any amendment.
•To ease the chances of ratification, the founders wrote
rules for ratification into the proposed constitution that
were less demanding.
•Rules contained in Article VII of the proposed constitution
•Ratification by nine of the thirteen states required for
constitution to be adopted.
•Ratification to be done by state convention, instead of
the state legislature.
Ratification Debate: Federalists vs. Anti-Federalists
•Federalists were supporters of the stronger government
outlined in the proposed constitution.
•Anti-Federalists were defenders of the powers of the
states; they were fearful of creating an overly powerful
central government.
Federalists
Property owners
Landed rich
Merchants of Northeast
and Middle Atlantic States
Anti-Federalists
Small Farmers
Shopkeepers
Laborers
Ratification Votes
Delaware, New Jersey, and Pennsylvania ratified early
New Hampshire provided the crucial ninth vote in June,
1788.
North Carolina voted to reject the new constitution in
August, 1788, and did not ratify until after the Bill of
Rights had been submitted to the states.
Rhode Island became the last to ratify in1790—a year
after George Washington became President of the new
republic
Amending the Constitution
Rules for amendment set forth in Article V
Proposals can be made by two-thirds of both
Houses of Congress or by a called Convention.
Ratification by three-fourths of the states is
necessary for an amendment to be accepted.
Ratification can be by state legislatures or by state
conventions.
Constitutional Change by Judicial Interpretation
•Courts have the power to provide the official
interpretation of the constitution
•Courts also have the power to declare actions of
the other branches of government to be
unconstitutional
•The use of judicial interpretation has made fewer
amendments necessary
The Amendment Process
The
mechanism for changing
the Constitution, the amendment
process, is outlined in Article V.
The Amendment Process
• There are two major
steps in the
amendment
process. First,
amendments must
be proposed.
The Amendment Process
• Amendments can be
proposed two ways.
An amendment can
be proposed by the
Congress if 2/3 of
the members of both
Houses vote in favor
of it.
The Amendment Process
• The second way is
for 2/3 of the
legislatures all
states can call for a
national convention
to propose an
amendment.
The Amendment Process
• Once an
amendment has
been proposed, it
must be ratified to
become "valid to all
Intents and
Purposes, as Part of
the Constitution."
The Amendment Process
• First, an
amendment can
be ratified if 3/4
of the
legislatures of
the several
states vote in
support of it. 38
of the 50 states.
The Amendment Process
• Congress can direct the states to establish
special ratifying conventions to consider
proposed amendments. If 3/4 of these
conventions approve the amendment, it is
ratified and becomes part of the Constitution.
The Amendment Process
• Every amendment to
the Constitution
except the 21st has
been ratified by voting
in state legislatures.
The Amendment Process
• The 21st Amendment,
which repealed the
18th, Congress
instructed the states
to call for ratification
by convention rather
than by state
legislatures.
The Amendment Process
• Beginning with the 18th Amendment, Congress
has established a seven year time limit on the
ratification of amendments, there was no time
limit set on the ratification of amendments
proposed before that time.
The Amendment Process
• One of the original twelve proposed
amendments was not ratified until 1992, twohundred and three years after it was proposed
by the First Congress. Upon ratification, it
became the 27th Amendment to the
Constitution.
The Amendment Process
• Congress can direct the states to establish
special ratifying conventions to consider
proposed amendments. If 3/4 of these
conventions approve the amendment, it is
ratified and becomes part of the Constitution.
Unsuccessful Amendments
Several suggested and even formally
proposed amendments have been
unsuccessful. These are some of the more
prominent unsuccessful amendments.
Unsuccessful Amendments
• Limitation on the Size of the House
• Equal Rights Amendment (ERA)
• Balanced Budget Amendment
• Anti-Flag Burning Amendment
• Gay Marriage Ban
• Religious Freedom Amendment