Formal Amendments

Ours is the oldest Constitution in the world still in use – 4 million people – 13 states – 1300 miles Today – 285 million people – 50 states

The U.S. Constitution of today is, and is not the same document of 1787; it is a “living document.” Much of the words and meanings are the same but some of the words and meanings have been changed, eliminated and added.

Formal Amendment Process Article V sets out the two methods of proposal and the two methods of ratification. Formal Amendment – a change or addition that becomes part of the written language of the Constitution itself.

First Method: Amendments may be proposed by a 2/3 vote in each house of Congress and be ratified by ¾ of the state legislatures. Today 38 state legislatures must approve. 26 of the 27 Amendments were adopted using this method.

Second Method: An Amendment may be proposed by Congress and then ratified by conventions called for that purpose in ¾ of the states. The 21st Amendment (1933) was added this way. Congress felt the delegates would better reflect public opinion on the question of appeal.

Third Method: An Amendment may be proposed by a national convention called by Congress at the request of 2/3 of the state legislatures (34) It must be ratified by ¾ of the state legislatures

1963 and 1969 – 33 state legislatures (one short) sought an Amendment to erase the Supreme Court’s “one- person, one vote” decisions (ch. 24) Between 1975 and 1983, 32 states asked for a convention to propose an Amendment to require the federal budget be balanced each year (except in the time of war or other emergency)

Fourth Method: An Amendment may be proposed by a national convention and ratified by ¾ of the states legislatures. (Example: the U.S. Constitution)

Federalism and Popular Sovereignty Some criticize sending proposed Amendments to state legislatures rather than ratifying conventions. State legislatures may be elected for a variety of reasons unrelated to their stand on the proposed Amendment

Delegates to a ratifying convention are chosen by the people based on only one factor – a yes-or-no stand on the proposed Amendment A state cannot be law require an Amendment be approved by a vote of the people before it can be ratified by a state legislature. A state legislature can call for an advisory vote by the people before it acts.

Proposed Amendments When Congress passes a resolution proposing an Amendment it does not send it to the President to be signed When Congress proposes an Amendment it is not making law (not legislating) If a state rejects a proposed Amendment it may later reconsider and ratify the proposal – the reverse is not true

10,000 joint resolutions calling for Amendments have been proposed by Congress since have been sent on to the states – only 27 ratified 1810 an Amendment was proposed to void citizenship of anyone accepting any foreign title or other honor 1861 an Amendment was proposed to prohibit forever any Amendment relating to slavery

1924 an Amendment intended to empower Congress to regulate child labor was proposed an Amendment proclaiming the equal rights of women (ERA) was proposed – died in 1982 An Amendment gets 7 years to be adopted – “a reasonable time limit” – The ERA received a 3 year extension

In 1978 an Amendment to give the District of Columbia seats in Congress was proposed – died in 1985

The 27 Amendments Although important the 27 Amendments have not been responsible for the extraordinary vitality of the Constitution.

The Bill of Rights The Bill of Rights was ratified by the states in The first 10 Amendments are known as the Bill of Rights They set out the constitutional guarantees of freedom and security and fair treatment before the law.

The Later Amendments These Amendments grew out of some particular set of circumstances. (Read Table of Amendments on page 76)