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Changing the Constitution

Constitution is over 200 years old Constitution still functions because of its flexibility The Constitution was only meant to be a blueprint or framework

Changing the Constitution Amendment Interpretation Amending the Constitution

How can you Amend the Constitution An amendment is any change to the Constitution. The first 10 amendments are the Bill of Rights. The Framers made sure that the Constitution could not be altered without overwhelming support of the people. Only 27 amendments have become law.

How can you Amend the Constitution The amendment process involves two steps: proposal and ratification. An amendment may be proposed by a vote of two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. Once proposed, an amendment must be ratified by three-fourths of the states. The states can do this by a vote of either the state legislature or a special state convention. Amendment Process

Interpreting the Constitution The Constitution is a general document and open to interpretation. Article I gives Congress the power “to make all Laws which shall be necessary and proper” to carry out its duties. This necessary and proper clause or elastic clause, allows Congress to exercise implied powers not specifically listed in the Constitution.

Interpreting the Constitution Americans disagree on what laws are “necessary and proper.” Loose interpretation- believe Congress can make any laws not specifically forbidden. Strict interpretation believe Congress can make only the kinds of laws mentioned by the Constitution. The Supreme Court has the final authority on interpreting the Constitution. Each new interpretation, whether strict or loose, changes our government. The framers wrote the constitution to be flexible

Interpreting the Constitution Actions by Congress and the president have also caused new interpretations. For example, the president requests legislation from Congress. This action is not directed by the Constitution. Custom also changes the interpretation of the Constitution. For example, political parties, not mentioned in the Constitution, are part of today’s political system.

Bill of Rights

The Bill of Rights, added in 1791, protects our civil liberties–the freedoms we have to think and act without government interference or fear of unfair treatment. Bill of Rights

What are the First Amendment Freedoms? The First Amendment protects five basic freedoms: religion, speech, press, assembly, and to petition the government. Speech Press Religion Assembly Petition

What are the First Amendment Freedoms? Congress may not establish an official religion, favor one religion over another, or treat people differently because of their beliefs. Establishment Clause People may practice their faith as they wish. Free Exercise Clause Separation of Church and State -Faith Based Social Welfare Programs

What are the First Amendment Freedoms? In some countries, people can be jailed for criticizing the government or voicing unpopular ideas. We can say what we want, in public or in private, without fear of punishment Freedom of speech includes conversations, radio, and TV. It also protects forms of expression other than the spoken word, such as clothing.

What are the First Amendment Freedoms? We may express ourselves freely in print and other media. The government cannot practice censorship–it cannot ban printed materials or films because they contain offensive ideas or ban information before it is published or broadcast.

What are the First Amendment Freedoms? We may gather in groups for any reason, as long as the assemblies are peaceful. Governments can make rules about when and where activities can be held but cannot ban them. We may freely join clubs, political parties, unions, and other organizations.

What are the First Amendment Freedoms? We have the right to petition the government. A petition is a formal request. We can complain or express ideas by writing to our elected representatives.

Failed Amendments Assignment Research an amendment that was proposed, but never ratified. Write a persuasive letter to Congress in favor of the amendment’s passage. In your letter, include: What the amendment was. When it was proposed. Why it failed. Why you think it should have been ratified. http://www.scholastic.com/browse/lessonplan.jsp?id=740 http://www.glencoe.com/sec/socialstudies/govciv/civics2003/content.php4/927/5