What do most world constitutions have? Preamble Explanation of organization of government. (Articles) Individual rights of the people Amendment procedures

A Comparison of World Constitutions Mexican Constitution (2002) –123 Articles Russian Constitution (1993) –146 Articles

A Comparison of World Constitutions No formal written constitutions –Great Britain –Israel –Saudi Arabia Governments work from a series of laws or decrees.

US Constitution Shortest Oldest constitution still in use Divides power among three branches and states - whereas other countries give more power to one branch (executive in France and Russia) and more to the national government not states.

Constitutional Amendments

Formal Methods for Amending the Constitution Proposal – –2/3 vote in both the US House and US Senate Or - National constitutional convention called by Congress by 2/3 of the state legislatures (which has never been done) Ratification –By ¾ of state legislatures (38 states needed) –By special ratifying conventions in ¾ of the states (like a public referendum) * Has only happened once for repeal of prohibition (21)

Sources for Informal Methods of Amending the Constitution “flexible” constitutional clauses –“elastic clause” and commerce clause Judicial review by Supreme Court Social and cultural change placing pressure on state governments and laws to be compliant with local interpretation of US Constitution Changes in the role of federalism between state and national government.

Informal Methods of Amending the Constitution Necessary and Proper Clause (Elastic Clause) –in Article I, section 8 –allows Congress some flexibility to do things that are related to its enumerated powers that are listed in Article I, section 8 Example Congress can conduct a draft in order to fulfill the enumerated power to raise an army –has allowed Congress broad powers to expand the meaning and execution of the constitution –has helped keep formal amendments low in number.

Informal Methods of Amending the Constitution Article II clauses for president have given some flexibility to president the same way the elastic clause has for Congress: These clauses include: –“faithfully execute” from oath of office –“wield executive power” –Examples: president can choose to enforce laws passed by US Congress a certain way or rulings passed by the Supreme Court

Informal Methods of Amending the Constitution Judicial review –When the Supreme Court finds a law created by US Congress or state legislatures unconstitutional or when they find some action taken by a government agency or person unconstitutional –Case must be brought by someone actually affected by the law or government action. Person bringing the case is listed first in case title. –First established with the case Marbury v Madison (1803) which found the Judiciary Act unconstitutional –Judicial review by federal courts can force state governments to change their 10 th amendment (reserved powers) powers Ex – Brown v. Board of Education - application of equal protection clause under 14 th as well as the commerce clause for school desegregation in the south

Informal Methods of Amending the Constitution Social and Cultural changes force different interpretations of Constitution by lower federal courts (US District courts and US Court of Appeals) and state governments seeking to be in compliance with US Constitution. Ex - Gender discrimination laws exist even though there is not a formal Equal Rights Amendment

Informal Methods- Social Change Shifts in role of national and state governments that are outlined in constitution vary depending on needs of country. National government may become more involved in “reserved powers of the states” - 10 th amendment depending on need. Example 1 -Federal government has become involved in education and elections (normally state domain) to fix problems that have interfered with major rights on US citizens. Example 2 –In times of economic crisis the national government tends to expand its constitutional roles A. New Deal programs (under FDRoosevelt) expanded power/role of national gov’t during Great Depression B. Our current economic bailout programs with private companies