Amending The Constitution Requires Two Steps A change is proposed. It then becomes an official proposal by a two thirds vote of Congress Three- Fourths of the states must then ratify the proposed amendment. It can also be done if two- thirds of the states vote for a national constitutional convention. Or a special state convention can be called. (only the 21st has used this method).

Informal Amendment Process Although the Const. has only been changed 27 times there have been a few different changes in the way the Gov. operates. Many of these changes have come about through the Informal Amendment Process and does not involve the changing of the Cont.’s wording. These Informal changes may occur in the following ways: Legislative Actions: Congress has passed a number of acts whose meaning is to bring clarity to the Const. EX: under Article III Congress was given the power to create lower courts (Judiciary Act of 1789), Voting Rights Act of 1965

Informal Amendment Process Executive Actions: The manner in which presidents use their powers can create informal amendments and expand presidential authority Ex: The use of executive agreements rather than treaties allows the president to bypass the Senate Judicial Interpretation/Judicial review: The people who serve as judges and the times in which they serve affect how courts interpret laws EX: the concept of judicial review resulted from Marbury v. Madison (1803) is not mentioned in the Const.

Informal Amendment Process Custom and Usage: Traditions which have been incorporated into the political system and which have lasted over time have changed the meaning of the Constitution. Ex: Senatorial Courtesy, no 3rd term, Filibuster