Amending the Constitution

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Presentation transcript:

Amending the Constitution CH 3.2

The Formal Amendment Process

Most used Method METHOD 1 Proposed by: CONGRESS by a 2/3 vote in both houses Ratified by: STATE LEGISLATURES in 3/4 (38) States Most used Method

Ex: 21st Amendment METHOD 2 Proposed by: CONGRESS by a 2/3 vote in both houses Ratified by: CONVENTIONS held in 3/4 (38) of the States Ex: 21st Amendment

METHOD 3 Proposed by: a NATIONAL CONVENTION called by Congress when requested by 2/3 (34) of the State legislatures Ratified by: the STATE LEGLISLATURE in 3/4 (38) of the States Never been used

Similar to the way the Constitution was adopted METHOD 4 Proposed by: a NATIONAL CONVENTION called by Congress when requested by 2/3 (34) of the State legislatures Ratified by: CONVENTIONS held in 3/4 (38) of the States Similar to the way the Constitution was adopted

Ratification of Amendments is Difficult WHY??? Ex: The Equal Rights Amendment (ERA)

Picturing the Amendments Assignment Draw a picture of your assigned amendment Make sure you include Amendment # on the front (make it big!) Color Name on the back Written summary explaining the amendment on the back (you will have to present this tomorrow!)

Informal Changes to the Constitution

Congress can pass laws to fill in the details Legislation Congress can pass laws to fill in the details Ex: Courts Congress can pass laws defining/ interpreting the meaning of Constitutional provisions Ex: “high crimes and misdemeanors”

Executive Action Presidents may use their powers in ways that are unclear in the Constitution Ex: Waging war Ex: Executive Agreements Agreements made between two heads of state- do not need Senate approval like a treaty

Court Decisions The Supremes Court interprets and applys the Constitution- this is how we know what specifically the Const. means. Judicial Review Marbury v. Madison (1803) Landmark Supreme Court cases

Party Practices Even though parties are not mentioned in the Const. we have used them in numerous ways to run our government. Hold political conventions for nominations Organize Congress along party lines Inject party politics into the process of Pres. appointments.

Some customs eventually become part of the Constitution Each branch has developed customs outside the provisions of the Constitution Ex: Cabinet Some customs eventually become part of the Constitution Ex: Succession Ex: Presidential term limits