2.  Learn the four ways of formally amending the Constitution  Know which of the four ways is almost always used  Understand the difference between formal and informal amendments  Recognize five types of informal amendments and be able to identify examples

4.  Formal—change in wording  Article V sets out 2 ways to propose amendments and 2 ways to ratify—4 combinations  The “top arrow” has been used all but once  Federalism present in all methods—both state and federal action required

6.  An “informal” amendment does not change the language, but clarifies, expands, or shrinks the application of existing language  Example: Commerce Clause gives Congress power to regulate commerce. Does this include power to mandate purchase of health insurance?  Supreme Court likely to rule on this issue within the next year  There are 5 types of informal amendments

7. (1) the passage of basic legislation by Congress (Obamacare—scope of commerce power) (2) actions taken by the President (deploying troops as Commander in Chief) (3) key decisions of the Supreme Court ( Citizens United v. FEC —political speech rights for corporations) (4) the activities of political parties (impact on Electoral College; internal rules of House and Senate); and (5) Custom (President’s cabinet; 2-term custom for Presidents up to FDR; senatorial courtesy) Note that (5) actually became a formal amendment after the custom was broken

8.  Definition: An unwritten custom under which the President consults the senior senator of his party from a particular state before appointing a federal official to a position within that state  Example: President Obama wishes to fill a vacancy on the federal district court in Montana. Before making the appointment, with whom would he consult?  Max Baucus  Failure to follow = appointee usually not confirmed  Senatorial courtesy only applies if there is a senator of the President’s party from that state  Does not apply to multi-state appointments (e.g., Supreme Court)

9.  T/F: An informal amendment changes the words of the Constitution.  What percentage of both houses of Congress is required to propose an amendment?  What percentage of states is required to ratify an amendment?  What are the five methods of informally amending the Constitution?  Jon Huntsman (Republican) wins the Presidency next year. He wants to appoint a federal marshal to serve in Montana. Does he need to consult with Max Baucus before making the appointment?