3.3 Amending and Interpreting the Constitution Ms. Civics and Economics Ms. Civics and Economics

Amending the Constitution Any change in the Constitution is called an amendment Any change in the Constitution is called an amendment Thousands have been considered but 27 have become law Thousands have been considered but 27 have become law The Framers made sure the Constitution could not be altered without the overwhelming support of the people The Framers made sure the Constitution could not be altered without the overwhelming support of the people

Amending the Constitution Amendments safeguard many of our freedoms such as the abolition of slavery and the right of women to vote Amendments safeguard many of our freedoms such as the abolition of slavery and the right of women to vote 13 th Amendment 19 th Amendment

Amendment Process The amendment process is outlined in Article V, it involves two steps: proposal and ratification The amendment process is outlined in Article V, it involves two steps: proposal and ratification

Proposal 2/3 vote of Congress OR 2/3 vote of Congress OR A national convention of 2/3 of state legislatures A national convention of 2/3 of state legislatures

Ratification 3/4 of the states must ratify 3/4 of the states must ratify States have two ways to do this: by a vote of either the state legislature or by a special state convention States have two ways to do this: by a vote of either the state legislature or by a special state convention

Ratifying an Amendment Only one amendment, the Twenty-first has been ratified by means of state conventions Only one amendment, the Twenty-first has been ratified by means of state conventions The 21 st Amendment repealed the Prohibition of alcohol

21 st Amendment State Conventions Michigan (April 10, 1933) Michigan (April 10, 1933) Wisconsin (April 25, 1933) Wisconsin (April 25, 1933) Rhode Island (May 8, 1933) Rhode Island (May 8, 1933) Wyoming (May 25, 1933) Wyoming (May 25, 1933) New Jersey (June 1, 1933) New Jersey (June 1, 1933) Delaware (June 24, 1933) Delaware (June 24, 1933) Indiana (June 26, 1933) Indiana (June 26, 1933) Massachusetts (June 26, 1933) Massachusetts (June 26, 1933) New York (June 27, 1933) New York (June 27, 1933) Illinois (July 10, 1933) Illinois (July 10, 1933) Iowa (July 10, 1933) Iowa (July 10, 1933) Connecticut (July 11, 1933) Connecticut (July 11, 1933) New Hampshire (July 11, 1933) New Hampshire (July 11, 1933) California (July 24, 1933) California (July 24, 1933) West Virginia (July 25, 1933) West Virginia (July 25, 1933) Arkansas (August 1, 1933) Arkansas (August 1, 1933) Oregon (August 7, 1933) Oregon (August 7, 1933) Alabama (August 8, 1933) Alabama (August 8, 1933) Tennessee (August 11, 1933) Missouri (August 29, 1933) Arizona (September 5, 1933) Nevada (September 5, 1933) Vermont (September 23, 1933) Colorado (September 26, 1933) Washington (October 3, 1933) Minnesota (October 10, 1933) Idaho (October 17, 1933) Maryland (October 18, 1933) Virginia (October 25, 1933) New Mexico (November 2, 1933) Florida (November 14, 1933) Texas (November 24, 1933) Kentucky (November 27, 1933) Ohio (December 5, 1933) Pennsylvania (December 5, 1933) Utah (December 5, 1933)

Interpreting the Constitution *The Necessary and Proper Clause: Article I lists the powers of Congress and gives them the power “to make all Laws which shall be necessary and proper to carry out its duties” (AKA Elastic Clause) *The Necessary and Proper Clause: Article I lists the powers of Congress and gives them the power “to make all Laws which shall be necessary and proper to carry out its duties” (AKA Elastic Clause)

Interpreting the Constitution The necessary and proper clause allows Congress to exercise powers not specifically listed in the Constitution (implied powers) The necessary and proper clause allows Congress to exercise powers not specifically listed in the Constitution (implied powers) Creation of the Bank of the United States and US Air Force are implied powers

Interpreting the Constitution Loose interpretation= Congress should be allowed to make any laws the Constitution does not forbid Loose interpretation= Congress should be allowed to make any laws the Constitution does not forbid Alexander Hamilton- Loose Interpretation

Interpreting the Constitution Strict interpretation= Congress should make only laws mentioned by the Constitution Strict interpretation= Congress should make only laws mentioned by the Constitution Thomas Jefferson- Strict Interpretation

Interpreting the Constitution *Court Decisions: The final authority for interpreting the Constitution rests with the Supreme Court which can interpret the Constitution loosely or strictly *Court Decisions: The final authority for interpreting the Constitution rests with the Supreme Court which can interpret the Constitution loosely or strictly

Interpreting the Constitution *Legislative & Presidential Actions: Actions of Congress and the executive branch have caused new interpretations of the Constitution *Legislative & Presidential Actions: Actions of Congress and the executive branch have caused new interpretations of the Constitution Examples include the House of Representatives power to impeach, or accuse officials and the President proposing bills to Congress Examples include the House of Representatives power to impeach, or accuse officials and the President proposing bills to Congress Andrew Johnson and Bill Clinton- the only presidents who have been impeached

Interpreting the Constitution *Interpretation Through Custom: The Constitution has changed through customs that have developed over time, an example is political parties *Interpretation Through Custom: The Constitution has changed through customs that have developed over time, an example is political parties