The Living Constitution

Bell Ringer If you could add or change anything to the Constitution, what would you and why?

How have things changed? Transportation?

Medical Care

Military Power

Campaigning

Need for change

Part One: Formal Amendments

Proposals (two methods) 1) 2/3 of members in both houses vote in favor of amendment (34 states). 2) 2/3 of state legislatures can petition Congress to call for a national convention.

Ratification (two methods) 1) -3/4 of state legislatures ratify amendment (38 states) 2) 3/4 of the states use conventions to ratify amendment.

Part Two: Informal Amendments

1) Congressional Legislation: Congress has stretched basic powers to pass laws that address current issues. -Called the “Elastic Clause”

Example of legislation: The power to “regulate interstate commerce” has been stretched to make laws that regulate air traffic.

2) Executive Action Presidents have stretched basic powers such as the power to serve as commander-in-chief.

Example of executive action: Presidents have ordered troops into battle in “undeclared wars” (not declared by Congress).

Non-declared wars since 1945

3) Court Decisions The Supreme Court stretches the meaning of the Constitution by interpreting and applying clauses to cases they hear.

Example of court decision The “equal protection” clause was applied to the right of all defendants to have a lawyer.

Citizens United versus Federal Election Commission (2010)

4) Party Practices Political parties have become a part of the structure of every presidential election.

Example of party practice: Each party nominates one candidate to run for president.

2012 Conventions Democratic Republican

2) Custom Some presidential powers are based on traditions started by previous presidents.

Example of custom Presidents appoint a cabinet of advisors to help them carry out their duties.

Obama’s Cabinet Meeting

2nd example of custom ”No third term for presidents” (Two term limit is now in Constitution.)

FDR’s third term image

AMENDMENT ASSIGNMENT FOR EACH AMENDMENT, BULLET THE MAIN IDEAS TO IDENTIFY THE MAIN RIGHTS THAT ARE PROTECTED IN THE BILL OF RIGHTS.