Amending the Constitution

Process Congress and sates have ability to amend All topics can be considered except for state representation in Senate 2 ways to propose 2/3 vote by each house of congress A national convention called by congress at the request of 2/3 of the states Almost happened twice- 1967, 1991

Ratifying (approving) Legislatures of ¾ of the states ratify or pass the amendment States call for a special ratifying convention and ¾ of the convention pass it. If state rejects ratification- it can come back later and reverse its position Convention held once- 21 st Amendment which repealed the 18 th and Prohibition

Informal changes Congress has made laws describing and expanding role of government Taxes- “lay and collect taxes”???? Expanded role of executive office Cabinet secretaries, czars, agencies, etc….. Expanded size of the judiciary- more courts as country grew. Government growth- necessary???

Changes through practices Impeach- accuse federal officials of high crimes and misdemeanors. Bribery/Treason Congress has investigated over 60 people 3 Presidents- Andrew Johnson, Richard Nixon, Bill Clinton

Informal Presidential changes William Henry Harrison dies in office Vice President John Tyler assumed power as provided in Constitution th amendment clarified succession Treaty vs Executive agreement Founders felt the executive would concern itself mainly with domestic affairs Today- very much international

Court decisions Judicial review- interpret constitution Judicial restraint- avoid issues social/political questions. Let congress and Constitution establish laws Judicial activism- court should help shape policies Warren Court Activism- civil rights/social issues

Court can change rulings Plessy vs Ferguson 1896 Brown vs Board of Education overturned/overruled in 1954 Roe v Wade may see in future