1. The Constitution Amending the Constitution

2. Amending the Constitution Objectives: * Describe the constitutionally prescribed procedures by which the Constitution may be formally changed. * Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty. * Understand the 27 Amendments that have been added to the Constitution, and that several amendments have been proposed but not ratified. * Identify how basic legislation has added to our understanding of the Constitution over time.

3. Amending the Constitution Formal Amendment Process When the Constitution became effective in 1789, the United States was a small agricultural nation of fewer than four million people. Today, well over 300 million (2015) people live in the United States. The United States is the most powerful nation on Earth, and its modern, highly industrialized and technological society has produced a standard of living that has long been the envy of the world. How has the Constitution endured and kept pace with that astounding change and growth? The Constitution of today is, and at the same time is not, the document of 1787.

4. Amending the Constitution Many of the words are the same, and much of their meaning remains the same. But some of its words have been changed, some have been eliminated, and some have been added. The meaning of many of its provisions have been modified as well. This process of constitutional change, of modification and growth, has come about in two basic ways. – 1) by formal amendment. – 2) by other informal means.

5. Amending the Constitution The Framers knew that even the wisest of constitution makers cannot build for all time. Thus, the Constitution provides for its own amendment – changes made to the written words. Methods of Formal Amendment – Article V sets out two methods for the proposal and two methods for the Ratification of amendments. – There are four possible methods of formal amendment – changes or additions that become part of the written language of the Constitution itself.

6. Amending the Constitution – First, an amendment may be proposed by two- thirds vote in each house of Congress and ratified by three-fourths of the State legislatures. (38 total States) (26 have been adopted this way) – Second, an amendment may be proposed by Congress and ratified by conventions, called for that purpose, in three-fourths of the States. 21 st Amendment (1933) was adopted this way.

7. Amending the Constitution – When Congress proposes an amendment, it chooses the method of ratification. – Third – an amendment may be proposed by a national convention, called by Congress at the request of two- thirds of State Legislatures. (34 States) Ratified by three-fourths of the State Legislatures. Congress has NEVER called a national convention. – Fourth – an amendment may be proposed by a national convention and then ratified by conventions in three-fourths of the States. The Constitution was dopted this way.

8. Amending the Constitution Federalism and Popular Sovereignty Proposals take place at the national level with formal amendments. Ratification is a State-by-State matter. When the Constitution is amended, that action represents the expression of the people’s sovereign will. Some criticize the practice of sending proposed amendments to the State legislatures rather than to ratifying conventions, because it permits a constitutional change without a clear-cut expression by the people.

9. Amending the Constitution The Supreme Court has held that a State cannot require an amendment proposed by Congress to be approved by a vote of the people before it can be ratified by that State legislature. A State legislature may call for an advisory vote by the people before it acts on an amendment.

10. Amending the Constitution Proposing an Amendment The Constitution places only one restriction on the subjects with which a proposed amendment may deal. Article V declares that “No State, without its Consent, shall be deprived of its equal Suffrage in the Senate”. When both houses pass a resolution proposing an amendment, Congress does not send it to the President to be signed or vetoed.

11. Amending the Constitution The chief executive has no role in any formal amendment process. Some 12,000 joint resolutions calling for amendments to the Constitution have been proposed in Congress since 1789. Only 33 of them have been sent to the States. Only 27 of them have been ratified by the States. The Supreme Court has ruled that Congress can place “a reasonable time limit” on the ratification process.

12. Amending the Constitution The 27 Amendments The first 10 Amendments are called the “Bill of Rights”. These were added to the Constitution less than 3 years after it became effective. Each of these amendments arose out of controversy surrounding the ratification of the Constitution itself. Many people would only support the Constitution if a listing of the basic rights held by the people were added to it, immediately.

13. Amending the Constitution The Bill of Rights 1 st Amendment – Freedom of religion, speech, and press. Freedom to peaceably assemble and to petition the government. 2 nd Amendment – The right to maintain a militia. The Right to bear arms. 3 rd Amendment – Protection from having to quarter (house) soldiers in a time of peace without the consent of the owner, nor in a time of war except as provided by law. 4 th Amendment - Protection against arbitrary (based on random choice or personal whim rather than any reason or system) searches and seizures without a proper warrant.

14. Amending the Constitution 5 th Amendment – Protection from… *prosecution without an indictment. *being tried for the same crime twice. *having to testify against oneself. *the loss of life, liberty, or property without due process of law. *loss of property without just compensation. 6 th Amendment – The right to… *a speedy trial by an impartial jury. *be informed of the charges, to cross-examine witnesses, and to present favorable witnesses. *an attorney.

15. Amending the Constitution 7 th Amendment – The right to trial by jury in any civil case (not a criminal case. If you sue someone) the amount of money involved is $ 20 or more. 8 th Amendment – Protection from… *excessive bail or fines. *cruel and unusual punishment. 9 th Amendment - the fact that the Constitution spells out a number of civil rights does not mean that there are not other, unwritten, rights held by the people.

16. Amending the Constitution 10 th Amendment – The powers not delegated to the Federal Government may be exercised by the States as long as they are not prohibited by the Constitution. Each of the other amendments have been added over the last 200 years.

17. Amending the Constitution 11 th Amendment – (1795) declares that no State may be sued in the federal courts by a citizen of another State or by a citizen of any foreign State. 12 th Amendment - (1804) After the Electoral College failed to produce a winner in the presidential election of 1800. This amendment deals with that problem. 13 th Amendment – (1865) abolished slavery in the United States.

18. Amending the Constitution 14 th Amendment - (1868) defined citizenship as “all persons born or naturalized in the United States,” granting the former slaves citizenship. 15 th Amendment – (1870) prohibited denying the right to vote based on a citizen’s “race, color, or previous condition of servitude.” Freed slaves have the right to vote.

19. Amending the Constitution 16 th Amendment – (1913) Congress has the power to lay and collect taxes on income. 17 th Amendment – (1913) The Senate of the US shall be composed of two Senators from each State and they shall be elected by the voters in that State. 18 th Amendment - (1919) Prohibition – outlawed the sale and consumption of alcohol. 19 th Amendment – (1920) allowed the women the right to vote in the United States. 20 th Amendment – (1933) the terms of the President and Vice-President.

20. Amending the Constitution 21 st Amendment – (1935) Repealed the 18 th Amendment. 22 nd Amendment – (1951) Presidential term limits (2 terms of 4 years each) 23 rd Amendment – (1961) District of Columbia and their presidential electors to vote in the Electoral College. 24 th Amendment – (1964) outlawed the payment of any tax as a condition for voting.

21. Amending the Constitution 25 th Amendment – (1967) Presidential succession. 26 th Amendment - (1971) set the age to vote at 18. 27 th Amendment – (1992) any pay increase in Congress does not take effect until after the next election.

22. Amending the Constitution – The 27 th Amendment was first offered in 1789 by James Madison. It forbids members of Congress from raising their own pay during that term. It finally became a part of the Constitution in 1992 when Michigan (38 th State) ratified the amendment.

23. Amending the Constitution Change by Other Means In the Constitution the provisions are cast in almost outline-like form: they are brief and seldom very detailed or specific. To understand the Constitution, you must grasp the key point. There is much in this document - in fact, a great deal – that cannot be seen with the naked eye. Over time many interpretations have been made in the Constitution that have not involved any changes in its written word.

24. Amending the Constitution This vital process of constitutional change by means other than formal amendment has taken place – and continues to occur – in five key ways. – 1) the passage of basic legislation by Congress Congress has added flesh to the bones of the Constitution. Example – Congress has added to the Constitution by the way in which it has used many of its powers. Congress has set the order of succession in the case the President and Vice-President were to die in office.

25. Amending the Constitution – 2) actions taken by the President Several presidents have made war without allowing Congress the ability to act and declare war. This is done through executive power of executive agreement or using a treaty to have an agreement between the US and some other country. – 3) key decisions of the Supreme Court Decisions that the Supreme Court makes changes the way the Constitution is interpreted.

26. Amending the Constitution – 4) the activities of political parties Political parties have been a major part of politics for a long time. The Constitution does not make any mention of them. – 5) custom and usage Unwritten customs may be as strong as written law. Senate approving the presidential nominations for his cabinet positions. This is known as senatorial courtesy.

27. Amending the Constitution The strength and importance of unwritten customs can be seen in the reaction of Franklin D. Roosevelt running and winning a third and fourth term as president. – The custom has always been ‘No third term”. – This led to the 22 nd Amendment being passed.