Amending the Constitution

Quick Review Popular sovereignty means that States have more power than the federal gov Courts may decide what the Const means Const may be changed or amended All gov power belongs to the people The principle of gov that favors national gov w/3 independent branches is called Separation of powers Federalism Formal amendment Checks and balances

Adding a bill of rights to the Constitution was largely supported by the small states large states Federalists Antifederalists The Articles of Confederation were eventually replaced for all of the following reasons except the lack of an Executive branch the inability of Congress to tax Shay’s Rebellion The strong national government

The Living Constitution: Formal Amendment Step One: Methods of Proposal: 2/3 Congress proposes OR 2/3 National Convention proposes **Supermajority – more than 1/2 **

**Method 1 is most common** Ratify Amendments Step Two Methods of Ratification: 3/4 State Legislatures ratify OR 3/4 State Conventions ratify **Method 1 is most common**

Bill of Rights 1st 10 amendments added to the Const in order to ensure ratification of the Const Include civil liberties: basic rights and freedoms: speech, bear arms, warrant, etc.

Failed Amendments ERA – Equal Rights Amendment 1923: Women should be equal to men Nearly passed in the 1970s w/35 out of 38 state ratifying

Informal Changes to the Constitution Congressional Legislation: laws that change or interpret the meaning of the Const Health Care Reform Executive Action: executive order, pres orders the bureaucracy to do something Close Guantanamo Bay

Courts: interpret laws Political Customs: Cabinet Brown v. Board, Roe v. Wade Political Customs: Cabinet