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

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

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! The Supreme Court has the official power of interpreting, but the other branches do it “unofficially” as well!!!! 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 deems or “Interprets” as being necessary and proper to do its job! These are “implied powers” which are powers not specifically mentioned in the Constitution.

Interpreting the Constitution Congress has other powers as well where they unofficially interpret– ie Congress is 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. Congress must look at the law and the “wrong doing” and decide whether or not impeachment fits.

Interpreting the Constitution The President has unofficially interpreted the Constitution: George Washington was the first President to create cabinet as a part of the Executive Branch. There is nothing written about the cabinet but the Presidents have kept that power ever since. They have been able to unofficially interpret the Constitution and act accordingly.

Interpreting the Constitution The Supreme Court has the job of interpreting the Constitution (judicial review) 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. Plessy v Ferguson and Brown v Board of Education – changes in interpretation.

Changing the Constitution through Custom Our Constitution has changed over time just in the way we do things…….. Ie. 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.