Formal Amendment 3-2 NOTES

WHY IT MATTERS Our Constitution has been in force for over 200 years – far more than the written constitution of any other nation in the world.

WHY IT MATTERS The Framers of the Constitution realized there would have to be changes made to the document they wrote. Article V provides for the process of FORMAL AMENDMENT. To date, 27 amendments have been added to the Constitution.

CHANGE 1789 – the US was a small agricultural nation of fewer than 4 million people  scattered over 1,300 miles along the eastern edge of the nation  travel and communication were limited to horseback and sailing ships Today, nearly 300 million people live in 50 states spread across the continent  the US is the most powerful nation on Earth with a highly modern, industrialized, and technological society  makes us the envy of the rest of the world due to our standard of living

CHANGE How has the Constitution endured and kept up with all our change and growth? The US Constitution of today is and is not the same document of1787. Many words are the same and have the same meaning, yet some words have been changed, some eliminated, and some were added over time. MOST IMPORTANTLY… the meanings of many of its provisions have been modified.

CHANGE This process of constitutional change, of modification and growth comes about in two basic ways: formal amendment and informal means

FORMAL AMENDMENT PROCESS Article V sets out 2 methods for proposal and 2 methods for the ratification of constitutional amendments = 4 possible methods of formal amendment (changes or additions that become part of the written language of the Constitution itself – see diagram on page 73).

1ST METHOD 1. Amendment is proposed by 2/3 vote in both houses (Senate, House of Representatives) 2. Amendment is ratified by 3/4 of the State legislatures (38)

2ND METHOD 1. Amendment MAY be proposed by a national convention which is called by Congress at the request of 2/3 of the State legislatures and must then be ratified by 3/4 of the State legislatures  only the 21st amendment was adopted this way (1933) b/c Congress felt that the conventions’ popularly elected delegates would be more likely to reflect public opinion on the question of the repeal of nationwide prohibition than would State legislators

3RD METHOD Amendment may be proposed by a national convention called by Congress at the request of 2/3 of the State legislators (34). It must then be ratified by conventions in 3/4 of the States To date, Congress has not called such a convention

4TH METHOD An amendment may be proposed by a national convention and ratified by conventions in ¾ of the States – the Constitution itself was adopted in much this same way

FEDERALISM AND POPULAR SOVEREIGNTY Formal amendment process emphasizes the federal character of the governmental system (proposal at national level and ratification is a State-by-State matter) When the Constitution is amended, that action represents the expression of the people’s sovereign will. The people have spoken. Some criticize this process because it permits a constitutional change w/o a clear-cut expression by the people The Supreme Court has held that a State cannot require an amendment proposed by Congress to be approved by a vote of the people of the State before it can be ratified by the State legislature -- see Hawke v. Smith, Kimble v. Swackhamer, page 74  BUT, a State legislature can call for an advisory vote by the people before it acts – see Kimble v. Swackhammer, page 74

PROPOSED AMENDMENTS The Constitution places only one restriction on the subjects w/which a proposed amendment may deal. This is found in Article V. When both houses of Congress pass a resolution proposing an amendment, Congress does not send it to the President to be signed or vetoed – b/c Congress is proposing an amendment, not making law. If a State rejects a proposed amendment, it is not forever bound by that action. It may later reconsider and ratify. But once it is ratified, that is binding and cannot be changed.  Nearly 15,000 joint resolutions calling for amendments to the Constitution have been proposed to Congress since 1789.  of these, only 33 have been sent on to the States  27 were ratified

THE 27 AMENDMENTS These can be found on page 76 1st 10 are the Bill of Rights, later ones added over 200 years due to particular sets of circumstances

THE BILL OF RIGHTS 1st ten amendments to the US Constitution that were added less than three years after it became effective Each arose out of controversy surrounding the ratification of the Constitution itself They set out the great constitutional guarantees of freedom, belief, and expression; of freedom and security of the person; of fair and equal treatment before the law. The 10th Amendment does not deal with civil rights but it does spell out the concept of reserved powers in the federal system.

THE LATER AMENDMENTS Each of the other amendments that have been added to the Constitution over the past 200 years also grew out of particular and sometimes interesting circumstances

SUMMARY Describe the four possible methods of formal amendment. Describe three freedoms protected by the Bill of Rights in your own words. Explain why the Constitution provides that BOTH houses of Congress agree to the proposal of an amendment. Cite three events or controversies that led to amendments to the Constitution AND explain how each of these amendments settled a particular question. Read “Letters of Liberty” on page 78 and answer questions 1-4 in complete sentences.