Constitution The Amendments

The Constitution Has now been in effect for over 200 years- longer than any other written constitution of any other nation in the world. How has the constitution kept up with all of the changes over time? It was made to change with the times. Many of the words have stayed the same, but some have been changed, eliminated, and added. The meanings of many provisions have been modified.

Constitutional Change Amendment- change in written words. Interpretation- The constitution was written in general terms to leave it open for interpretation

amendment Article V of the Constitution- How to Amend 2 methods for proposal + 2 methods of ratification = 4 possible methods of formal amendment. Formal Amendment- changes or additions that become part of the written language of the Constitution itself.

Why amend the constitution? The Framers knew even the most intelligent people could not foresee how our country would change in the future so they felt it necessary to leave it open for amendment. It is known as a LIVING DOCUMENT because it never ends.

A living document When the Constitution was signed in 1787, no one knew how well it would work. The Articles of Confederation had been signed with high hopes, but ended up being very weak, so people were skeptical of the Constitution as well.

First method Amendment proposed by 2/3 vote in each house of Congress. Ratified by ¾ of State Legislatures. This is how 26 of the 27 Amendments have been adopted.

Second method Amendment proposed by Congress then ratified by conventions, called for that purpose, in ¾ of the States.

Third method Amendment proposed by a national convention, called by Congress at the request of 2/3 of the State Legislatures. Ratified by ¾ of the State Legislatures.

Fourth method Amendment proposed by a national convention and ratified by conventions in ¾ of the states. Much like the way the Constitution was ratified.

The bill of rights The first ten amendments are known as the Bill of Rights because they deal with the rights of the people. They were written in 1791. They set out the great constitutional guarantees of freedom and security of the person, and of fair and equal treatment before the law.

Amendment I Gives us five personal freedoms. Press- freedom of expression in writing. Religion- freedom to practice any religion. Assembly- freedom to peacefully assemble. Petition- freedom to write to government. Speech- freedom of speech and expression.

Amendment V Protection against self – incrimination and double jeopardy.

Amendment VI Right to a speedy trial, an attorney, and to confront witnesses.

amendments Other significant Amendments? 13th- Abolition of slavery 14th- Citizenship, due process, equal protection 15th- Right to vote regardless of race, color, or previous enslavement. 18th- Prohibition of alcohol 19th- Women’s suffrage 21st- Repeal of Prohibition 22nd- Limit on Presidential terms 26th- Voting age of 18

assignment Parts of the Constitution- Graphic Organizer Use your book to fill in the boxes on the graphic organizer.

Constitutional change by other means The 27 formal amendments to the Constitution have not been a major part of the process by which that document has changed over more than 200 years. Change is more often a result of day-to-day, year-to-year workings of the government. There are 5 basic ways that Constitutional change takes place…

#1 Basic legislation Congress has passed a number of laws to spell out Constitutional provisions. The Framers left the constitution very “skeletal.” Congress has added to the Constitution by the way in which it has used many of its powers. Congress defines the very basic wording as issues arise.

#2 Executive Action The Constitution has changed due to the ways different Presidents have exercised their powers. Example: Constitution says only Congress can declare war. President is Commander in Chief of the nation’s armed forces. Presidents have used armed forces abroad in combat without a declaration of war.

#2 executive action Executive Agreement: a pact made by the President directly with the head of a foreign state. Not approved by the Senate but is legally binding. Treaty: a formal agreement between two or more sovereign states. The big difference: Executive agreements don’t need to be approved by the Senate. They are as legally binding as treaties.

#3 court decisions The court system interprets and applies the Constitution. Examples?

#4 Party practices The Constitution doesn’t mention political parties however they have influenced Constitutional change over the years. Electoral College: The group that makes the formal selection of the nation’s President. It is based on each state’s popular vote in the Presidential election. Both houses of Congress are organized and conduct business around the values of their party.

#5 Custom Cabinet: advisory body to the President. It is a custom that the heads of the 15 executive departments make up the Cabinet. Senatorial Courtesy: an unwritten rule that is closely followed in the Senate.