Amending and Interpreting the US Constitution

There are three major ways our Constitution has changed to fit the times 1 – Amendments 2 – Interpretation 3 - Customs

Amending the Constitution Thousands of Amendments have been suggested over the years, but only 27 amendments, or changes, have been made to the Constitution! The first 10 amendments are called the Bill of Rights and were added in 1791.

Amending the Constitution The Amendment Process is a slow and difficult one. Why did the Framers made it difficult? In order to avoid frequent changes to the structure of our government. Amending is a TWO step process 1 – Proposing 2 - Ratifying

Amending the Constitution – STEP 1 All amendments must begin by being “proposed” (suggested) To propose an amendment, it requires either a (1) vote of 2/3rds of both houses of Congress (287 HR & 67 S) OR (2) 2/3rds national convention. Most amendments begin with the first method (Congress)…

Amending the Constitution – STEP 2 All amendments must end by being “ratified” (approved) To ratify an amendment, it requires either a (1) 3/4ths of state legislatures approval OR (2) 3/4ths of state ratifying conventions . A caucus is what we call such a meeting or convention. (38 states are required). Only 21st Amendment ( repeal of Prohibition) ratified by option (2)…

Interpreting the Constitution Many believe that our constitution was written in a way that left it to be interpreted over time…to fit the times!!! Congress has interpreted the Constitution: The “Necessary and Proper Clause” states Congress has the power to make all Laws which shall be “necessary and proper” – this is also called the elastic clause. Article I, Section 8, Clause 18

Interpreting the Constitution The Elastic Clause (Necessary and Proper Clause) gives Congress flexibility to make what laws it seems are necessary and proper to do its job! These are “implied powers” which are powers not specifically mentioned in the Constitution.

Interpreting the Constitution Congress is also granted the power to impeach, or officially accuse officials of misconduct. We have had two presidential impeachments in our history – Andrew Johnson and Bill Clinton

Interpreting the Constitution The President has interpreted the Constitution: George Washington was the first President to create a cabinet as a part of the Executive Branch. There is nothing written about the cabinet but the Presidents have kept the power to interpret this document over time. The way the Constitution is interpreted over time can change --- Plessey v Ferguson and Brown v Board

Interpreting the Constitution The Supreme Court’s decisions change laws over time. All Supreme Court decisions are FINAL. They have final authority on “interpreting” the Constitution. If they deem a law unconstitutional, the law dies. If they agree with a law, or uphold it, it stays in effect.

Changing the Constitution through Custom Political parties are not mentioned anywhere in the Constitution. They developed quickly and became a tradition. It is important to remember that all three branches of government can interpret the document differently.