Amending the Constitution

The Formal Amendment Process The process is in Article V of the Constitution Can be proposed in two ways Can be ratified (approved) in two ways Proposed at a national level, ratified at the state level

Proposing Amendments Two-Thirds Vote in each house of Congress This is the only method that has been used, so far, to amend the Constitution National Convention called by congress at the request of two-thirds of the states Petitions come from the state legislatures In 1967 33 states petitioned Congress – one short If a convention is called they do not have to limit it to a specific amendment and can become completely uncontrollable

Ratifying Amendments Three-Fourths State Legislatures The legislatures of the states vote individually to ratify the amendment Conventions at the state level States hold conventions to ratify or reject an amendment This method has only been used once – The 21st Amendment Congress gets to set the rules as to which method will be used and how much time states will be given

Changes through practice Informal Amendment Changes through law Congress has passed laws that enlarge or clarify Constitutional provisions, i.e. tax law Changes through practice With many parts of the Constitution being vague, how the document is interpreted and put into practice changes the meaning, i.e. Impeachment

Informal Amendment Presidential Action Presidential Succession Foreign Affairs Modern presidents conduct much of their foreign diplomacy outside of the Treaty process The only foreign powers that the Constitution gives the POTUS is through Treaty Domestic Affairs The Constitution does very little to outline how the POTUS is involved with domestic affairs Presidents now have a much greater role in American politics than the founders envisioned

Informal Amendment Court Decisions Judicial Review The practice of determining if a law or action is constitutional Not a role defined by the Constitution Used extensively to limit the powers of both the Legislative and Executive branches Changing Court Rulings The Supreme Court’s role is to interpret the meaning of the Constitution through case rulings The court can, at times, overrule a previous ruling, changing the meaning of the Constitution

Pop Quiz Study Guide All 27 Amendments Formal Amendment Process Be able to explain at least 15 of them Formal Amendment Process Be able to explain at least one method of proposal Be able to explain at least one method of ratification Informal Amendment Explain how at least one process works to change the meaning of the Constitution