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The Living Constitution
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Bell Ringer If you could add or change anything to the Constitution, what would you and why?
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How have things changed?
Transportation?
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Medical Care
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Military Power
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Campaigning
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Need for change
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Part One: Formal Amendments
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Proposals (two methods)
1) 2/3 of members in both houses vote in favor of amendment (34 states). 2) 2/3 of state legislatures can petition Congress to call for a national convention.
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Ratification (two methods)
1) -3/4 of state legislatures ratify amendment (38 states) 2) 3/4 of the states use conventions to ratify amendment.
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Part Two: Informal Amendments
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1) Congressional Legislation:
Congress has stretched basic powers to pass laws that address current issues. -Called the “Elastic Clause”
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Example of legislation:
The power to “regulate interstate commerce” has been stretched to make laws that regulate air traffic.
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2) Executive Action Presidents have stretched basic powers such as the power to serve as commander-in-chief.
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Example of executive action:
Presidents have ordered troops into battle in “undeclared wars” (not declared by Congress).
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Non-declared wars since 1945
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3) Court Decisions The Supreme Court stretches the meaning of the Constitution by interpreting and applying clauses to cases they hear.
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Example of court decision
The “equal protection” clause was applied to the right of all defendants to have a lawyer.
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Citizens United versus Federal Election Commission (2010)
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4) Party Practices Political parties have become a part of the structure of every presidential election.
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Example of party practice:
Each party nominates one candidate to run for president.
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2012 Conventions Democratic Republican
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2) Custom Some presidential powers are based on traditions started by previous presidents.
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Example of custom Presidents appoint a cabinet of advisors to help them carry out their duties.
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Obama’s Cabinet Meeting
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2nd example of custom ”No third term for presidents” (Two term limit is now in Constitution.)
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FDR’s third term image
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AMENDMENT ASSIGNMENT FOR EACH AMENDMENT, BULLET THE MAIN IDEAS TO IDENTIFY THE MAIN RIGHTS THAT ARE PROTECTED IN THE BILL OF RIGHTS.
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