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4. How can the Constitution change formally and informally?
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CONTEMPORARY ECONOMICS
Informal Changes 8/27/2019 Reinterpretation through congressional legislation. Congress adds new laws clarifying the Constitution. Voting Rights Act of 1965 Elastic Clause – “Necessary and Proper” Presidential Actions Judicial Review Marbury v. Madison Supreme Court can deem laws unconstitutional Interpretation, Custom and Usage Informal methods of constitutional change include reinterpretation through congressional legislation, presidential actions, and judicial review. Congress creates a new law that adds a new meaning. - Voting Rights Act of 1965 - 435 HR froze the number in 1929 President can expand the authority – executive agreement rather than treaties – you don’t have to go to senate. President does it by hand shake/ Judicaul Review – Marbury v. Madison not in consittuion, to then clarify what the court has in in the constituton. Custom and Usage Senatorail Curtoesy, traditions which have been incorporated into the polticail system Filibuster – not in the constitution but in the senate rules LESSON 2.1
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Many Amendments Proposed, Few are Accepted…WHY!
CONTEMPORARY ECONOMICS 8/27/2019 Many Amendments Proposed, Few are Accepted…WHY! Takes an extraordinary majority to propose and ratify an amendment. Takes cooperation between state and federal governments. Amendment should embody broad ideals. Proposal and Ratification process is difficult. Only those with wide support from both parties and all regions can pass. Informal changes are used more frequently, because formally is more difficult. The delegates also provided a mechanism to make changes to the new Constitution. An amendment to the Constitution may be proposed either by a two-thirds vote in each chamber of Congress or by a national convention called by Congress at the request of two-thirds of the state legislatures. Ratification can occur either by the approval of three-fourths of the legislatures of the states or by special conventions called in the states for the purpose of ratifying the amendment and approval by three-fourths of these conventions. Informal methods of constitutional change include reinterpretation through congressional legislation, presidential actions, and judicial review. By Proposing I mean, that if you want to propose your idea formally. You can 2/3 of both chambers (House and Senate must approve with 67%) Never done with the 2/3 of the states calling a conventio called by Congress The process was made very difficult to ensure that most of the states and the majority o fboth houses agree to the proposed change. LESSON 2.1
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