The Formal and Informal
Amendment Process
Chapter 2
Constitution
Formal Amendments
4 methods
All similar
27 formal amendments over the last
226 years
Methods
1st method
26 of 27 happened this way
Proposed in congress by a 2/3s vote in
both houses
Ratified by ¾ of the the state
legislatures
Cont.
2nd Method
21st amendment was done this way
Proposed in congress by a 2/3s vote in
both houses
Ratified by conventions held in ¾ of the
states
Cont.
3rd method
Proposed at a National Convention
called by congress when requested by
2/3rds of the state legislatures
Ratified by ¾ of the the state
legislatures
Cont.
4th Method
Proposed at a National Convention
called by congress when requested by
2/3rds of the state legislatures
Ratified by conventions held in ¾ of the
states
Why?
Maintain the Federal character of the
government

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Proposals start at the national level and ratification
is in the states.
Federalism
Will of the people


The president does not sign an amendment
This is not lawmaking – it is bigger – we are
changing our philosophy about something.
Why the State Legislature?
States legislatures can ask the people in
an advisory vote.
States can change their mind if they
disapprove the first time
The Amendments
10,000 proposed
33 to the states
27 approved
Notable Amendments
1-10 Bill of Rights
12 – Choosing the President, VP
13,14,15 – Civil War Amendments
16 – Income Tax
17 – Senators – Popular Vote
18 – 21 Prohibition – Repeal
19 – Women’s Suffrage
22 – Presidential Term Limits
25 – Presidential Disability and Succession
26 – Voting Age set at 18 yrs
The Informal Amendment
Process
The process by which many changes have
been made in the Constitution that have not
led to changes in the document’s written
words.
Five ways
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
Passing basic legislation
Actions of the President
Decisions made by the Supreme Court
Activities of Political Parties
Custom
Basic Legislation
Constitution is a basic skeleton
Congress has added the flesh (laws)
that define the meanings in the
Constitution
Creation of the Executive Branch and
Judicial System
Executive Action
A presidents different interpretation of the
Constitution and how he acts on that
interpretation can create an informal
amendment.


Executive order 9066 – Japanese Internment
Executive order 9981 – integration of the Armed
Forces
Use of the armed forces
Executive Agreement – Foreign Treaties –
Kyoto Protocol.
Court Decisions
The Supreme Court and lower courts
can make decisions that either declare
the unconstitutionality of something or
create a legal precedent the can be
followed thus modifying the
constitution.
Brown v. Board of Education
Political Parties
The Constitution makes no mention of them
The Founders warned against them
They have come to dominate our political and
governing processes
Candidates are nominated
Electoral College
The Legislative and Executive Branches are
organized around them.
Custom
Unwritten customs can be as strong as
written laws
Presidential Cabinet
Vice Presidential succession (25th in
1967)
No third term for President (22nd in
1951)