Amending the Constitution

Amending The Constitution The Constitution was written over 200 years ago and it still guides our government today. The formal process of making changes to the Constitution is through the adding of new amendments. The Constitution can be formally and informally amended

Formal Amendment Process Article V of the Constitution sets out two methods for the proposal and two methods for the ratification of constitutional amendments. There are four methods of formal amendment. Method One An amendment may be proposed by 2/3 vote in each house of Congress and then ratified by 3/4 of the state legislatures. 26 of the 27 amendments were approved this way. Method Two An amendment may be proposed by Congress and then ratified by 3/4 of state conventions 1 of the 27 amendments were approved this way. The 21st Amendment

Formal Amendment Process Method Three An amendment may be proposed at a national convention called by Congress when requested by 2/3 of State legislatures Then approved at in state legislatures. This has never been used to ratify a new amendment. Method Four An amendment may be proposed by a national convention and ratified by conventions in 3/4 of the states. This is how the constitution itself was adopted.

Proposal Ratification or or 2/3rds vote in Congress Approval by legislatures of 3/4ths of the states or or National Convention called by Congress in response to petitions by 2/3rds of states Approval by ratification conventions held in 3/4ths of states

The 27 Amendments Congress proposed all of the first 10 amendments in 1789. The Bill of Rights Each of these amendments arose from the controversy surrounding the ratification of the Constitution itself. Many people, including Thomas Jefferson, had agreed to support the Constitution only on condition that a listing of the basic rights of the people be added to the document immediately.

Informal Amendment There is much in the Constitution that cannot be seen with the naked eye. Much has been put into the Constitution through the process of informal amendment. Informal Amendment – The process by which many changes have been made in the Constitution that have not led to changes in the document’s written words.

Informal Amendment Basic Legislation Congress has added detail and meaning to those areas of the Constitution that the Framers left with very little detail. Executive Action Presidents have used their powers to produce a number of important informal amendments. made war without the benefit of a congressional declaration of war. executive agreement – a pact made by the President directly with the head of a foreign state. The Senate need not approve these executive agreements. They are legally binding.

Informal Amendment Court Decisions The nation’s courts, mostly the Supreme Court, interpret and apply the Constitution in many cases they hear. Marriage Equality Party Practice Electoral College was intended to be a “rubber stamp” for the popular vote in presidential elections. Both houses of Congress are organized and conduct much of their business on the basis of party. The President makes appointments to office with party in mind.

Informal Amendment Custom Unwritten customs may be as strong as written laws, and many customs have developed in our governmental system. By custom, the heads of the 15 executive departments make up the Cabinet, an advisory body to the President. The Vice President succeeds the President if the current President dies while in office. The written words of the Constitution did not provide for this practice until the adoption of the 25th Amendment in 1967. For 150 years “No-third term” custom until FDR ran and won 4 terms. 22nd Amendment in 1951