1. Section 3 Amending the Constitution

2. The United States – Then & Now
• In 1787 the nation consisted of fewer than 4 million people living in 13 agricultural states along the Atlantic coast of North America.
• Today, more than two centuries later that same Constitution provides the foundation for governing an industrial and highly technological nation of more than 300 million people in 50 states spread across the continent and beyond

3. The Significance of the Constitution
The priceless heritage of the Constitution has been its ability to adapt to new conditions while preserving the basic form of American government.

4. The Amendment Process
The Founders created a Constitution that could be adapted to a future that they could not foresee. One way they provided for change was to describe how Congress and the states could amend the Constitution. As outlined in Article V, amendments may deal with any topic except that no state can lose equal representation in the Senate without the State’s consent. Amendments may be proposed and ratified (approved) in two ways. Amendments are proposed at the national level, but they are ratified on a state-by-state basis

5. Proposing Amendments
One method of proposing an amendment is by a two-thirds vote of each house of Congress. This is the only method used to date.
The other method for proposing amendments is by a national convention called by Congress at the request of two-thirds (34) of the states. Congress. This method has never been used. This method is controversial because such a convention is not required to limit itself to a specific amendment and could propose amendments on any subject

6. Ratifying Amendments
One way in which states ratify amendments is for three-fourths of the state legislatures to ratify it
The other method for ratification is for each state to call a special ratifying convention. The amendment becomes part of the Constitution fourths when three-fourths of these conventions approve it. This method has been used only once. Conventions ratified the Twenty-first Amendment which repealed the Eighteen Amendment (1919) that banned the sale of alcoholic beverages.

7. Congress Sets the Rules
• Congress let each state legislature determine how the ratifying conventions would be organized and how the delegates would be elected. • Congress also gets to decide how much time the states will have to ratify an amendment. In modern times, Congress has set the limit at seven years.

8. Informal Changes
The Constitution has kept pace with the times through informal change, which does not involve changes in the Constitution itself. Informal changes occur as government leaders and citizens fill in the details of government on a day-to-day, year-to-year basis to suit the needs of the times.

9. Informal Changes
• Changes through law • Changes through practices • Informal presidential changes • Court decisions • Changes through custom and usage

10. Changes Through Law
Congress has passed laws that have enlarged or clarified many of the Constitution’s positions. The Founders expected Congress to do this, and gave it authority to spell out many details of the national government. An example of this is that Congress has greatly expanded the executive branch by creating the cabinet departments, agencies, boards and commissions

11. Changes Through Practice
Congress has also shaped the Constitution by the way it has used its other powers. Under the Constitution, the House may impeach (accuse) federal officials of a crime. It is then up to the Senate to determine guilt or innocence. Although the meanings of treason and bribery are clear, it is up to Congress to define “high crimes and misdemeanors.” Two presidents have been impeached Andrew Johnson and Bill Clinton, although neither was convicted by the Senate.

12. Informal Presidential Changes
Presidential actions have also added to the Constitution. Many of these additions affect the workings of the modern presidency.
1) Presidential Succession
2) Foreign Affairs
3) Domestic Affairs

13. Presidential Succession
In 1841 William Henry Harrison became the first president to die in office. As provided in the Constitution, Vice President John Tyler assumed the powers of the president. Was he really the president, or was he acting as president until the next election. In 1967, the Twenty-fifth Amendment clarified presidential succession.

14. Foreign Affairs
Modern presidents usually conduct foreign affairs by executive agreement, instead of using the treaty process specified in the Constitution. While a treaty is an agreement between nations, an executive agreement is made directly between the president and the head of state of another country. It does not require Senate approval

15. Domestic Affairs
The Founders thought that the executive branch would be concerned mostly with carrying out the laws initiated by Congress. However, modern presidents have become aggressive in requesting legislation from Congress. This has led to the increase in power for the president. The president plays a far greater role in American government and politics than most of the Founders imagined

16. Court Decisions
As federal courts settle cases involving constitutional questions, they interpret the meaning of the Constitution’s sometimes vague words and phrases. The most important device that the Court uses to interpret the Constitution is through judicial review. Judicial review was established by Marbury vs. Madison, but there is still disagreement over how this power should be used

17. Judicial Review
Judicial Restraint – holds that the Court should avoid taking the initiative on social and political questions. The Court should uphold acts of Congress unless the acts clearly violate a specific provision of the Constitution. Advocates of this policy want the Court to leave the policy making to others.
Judicial Activism – holds that the Court should play a role in shaping national policies. The Court should apply the acts of Congress unless the acts clearly violate Constitution to social and political questions. The Supreme Court under Chief Justice Earl Warren ( ) accepted many controversial cases, particularly civil rights and the rights of the accused.

18. Changing Court Rulings
Social and political conditions of the times often affect the Court’s interpretations of the Constitution. The Supreme Court has sometimes ruled that the Constitution means one thing and then years later reverses itself.

19. Changes Through Custom and Usage
The Constitution has been informally enlarged through customs that have developed over time. Political parties are a good example. Although the Constitution does not mention political parties, they began soon after the government was organized. They have become an important part of American government by helping to organize government and conduct elections