1. Chapter 3: The Constitution Section 2- 3

2. Changing with the Times
The Constitution is a Living Document:
The amendment process allows the Constitution to adapt to the changing needs of our nation and society.
The United States has gone from a farming nation of less than 4 million people to a high-tech country with a population of more than 300 million.

3. The Amendment Process [Done for 26 of 27 amendments.]
[Done for the 21st amendment.]

4. Federalism
How does the federal amendment process reflect the concept of federalism?
Amendments are proposed at the national level and ratified at the state level by legislatures or conventions.
A state can reject an amendment and later decide to ratify it.
But a state cannot change its mind after it votes to ratify an amendment. (No going back on a YES vote)
The President cannot veto proposed amendments.
Checkpoint Answer: Amendments are proposed at the federal level and ratified at the state level, thus dividing the power to change the Constitution between the central government and the states.

5. Popular Sovereignty
The amendment process is based on popular sovereignty.
The people elect the representatives who vote to propose or ratify amendments.

6. The Bill of Rights The First 10 Amendments
What is the purpose of the Bill of Rights?
They spell out many basic rights and liberties.
Many people would not support the Constitution until a Bill of Rights was promised.
Checkpoint Answer: The Constitution might never have been ratified without the promise that a bill of rights would be added to the document. Students should also note that the Bill of Rights spells out many of the fundamental liberties that Americans take for granted each day. If it were left solely to the state constitutions to protect these rights, they might not be shared by all American citizens.

7. Proposed Amendments
Most suggested amendments are never proposed by Congress.
Congress has sent only 33 of some 15,000 suggested amendments to the states.
Six proposed amendments were not ratified by the states.
Congress can set a “reasonable” time limit for ratification, usually around seven years.
27th Amendment (Limits Congressional Pay Raises) ratified 202 years after it was proposed as a part of the original Bill of Rights.

8. The 27 Amendments
Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems.
The 12th Amendment resolved a problem with the presidential election process.
The 13th Amendment abolished slavery.

9. The 27 Amendments, cont.
The 15th, 19th, and 26th Amendments each extended voting rights to a new segment of society:
African Americans
Women
18-year olds
NOTE TO TEACHERS: The above image depicts Inez Milholland, who fought to amend the Constitution to allow women’s suffrage.
Inez Milholland

10. The 27 Amendments, cont. 1791 - Amendments 1-10 1795 - Amendment 11
Bill of Rights
Amendment 11
States immune from certain lawsuits
Amendment 12
Changes in electoral college procedures
Amendment 13
Abolition of Slavery
Amendment 14
Citizenship, equal protection, and due process
Amendment 15
No denial of vote because of race, color or previous enslavement
NOTE TO TEACHERS: Above image shows a coin that was a symbol of the anti-slavery movement.

11. The 27 Amendments, cont. 1913 - Amendment 16 1913 - Amendment 17
Congress given the power to tax incomes
Amendment 17
Popular election of U.S.
Senators
Amendment 18
Prohibition of alcohol
Amendment 19
Women’s suffrage
Amendment 20
Change of dates for presidential and congressional terms
Amendment 21
Repeal of prohibition (Amendment 18)
NOTE TO TEACHERS: Above image shows the first women to vote in Brooklyn, New York.

12. The 27 Amendments, cont. 1951 - Amendment 22 1961 - Amendment 23
Limit on presidential terms
Amendment 23
District of Columbia allowed to vote in presidential elections
Amendment 24
Ban of tax payment as voter qualification
Amendment 25
Presidential succession, vice presidential vacancy, and presidential disability
Amendment 26
Voting age changed to 18
Amendment 27
Congressional pay

13. Informal Amendments
How have the day-to-day workings of the government affected how we interpret the Constitution?
Congress passes new laws.
Presidents push to expand executive power.
The Supreme Court makes key rulings on constitutional issues.
Political parties influence the governing process.
Customs develop over time.

14. The Role of Congress
Congress has expanded upon basic constitutional provisions.
Congress created much of the specific structure of the federal government.
Congress established the federal court system—the Constitution created only the Supreme Court.
Congress created the many departments and agencies in the executive branch.
Congress has clarified issues such as the succession of the Vice President.

15. Powers of Congress
Congress passes laws that clarify its own constitutional powers.
The Constitution describes some congressional powers in vague terms.
For example, Congress has the power to regulate foreign trade and interstate commerce.
Over the years, Congress has passed thousands of laws that detail just what is meant by words like “regulate,” “trade,” “interstate” and “commerce.” In the process, it has interpreted the meaning of the Constitution.

16. Expanding Executive Power
Presidents have increased their constitutional powers by taking a broad interpretation of such powers.
Often this involves avoiding the need to gain congressional approval.
For example, only Congress can declare war. But while acting as commander-in-chief, many Presidents have sent military forces into combat without a formal act of war.
The Senate must approve formal treaties. But Presidents can and do enter into legally binding executive agreements with foreign leaders without asking for Senate approval.

17. Presidential Power
The Constitution grants the President “executive power.”
Most Presidents argue that this power includes the authority to do things not specifically mentioned in the Constitution.
For example, Thomas Jefferson used it as a justification for acquiring new territory for the United States when he purchased the Louisiana Territory in 1803.

18. The State of the Union
While an address to Congress is required by the Constitution, the method of address is left to each President.
Harry Truman’s State of the Union was the first televised address.
Today, the State of the Union is an annual televised address to Congress and all Americans.
NOTE TO TEACHERS: In the image above, Harry Truman delivers the first televised State of the Union.

19. The Courts
The nation’s courts, particularly the Supreme Court, interpret the Constitution on a regular basis.
The power of judicial review gives the Court the power to declare laws unconstitutional.
Declaring that a law is constitutional also involves interpreting the Constitution.
Each type of ruling sets a precedent for interpreting future laws.

20. Political Parties The Constitution does not mention political parties.
Most of the Framers actually opposed parties, fearing they would divide the government.

21. Political Parties, cont.
Yet parties are very influential in our political process.
The daily business and the committee system of Congress are organized around party membership.
NOTE TO TEACHERS: Image above shows a delegate. Delegates play an important role in shaping the U.S. Government.

22. Political Parties, cont.
How have political parties changed the way we interpret the Constitution?
The Constitution says nothing about the nomination process.
Political parties use state primaries and national conventions to choose candidates.
Parties also influence the selection of electors to the electoral college.
Party membership also influences the President’s decision-making process when choosing political appointees.
Checkpoint Answer: Political parties have shaped the nomination and election of the President in ways never mentioned by the Constitution. They have also influenced the process of appointing public officials, as the President must consider party affiliation when nominating appointees as well as the custom of senatorial courtesy, which is based partly on party affiliations.

23. Customs Unwritten customs can be as influential as written laws.
The President’s Cabinet exists solely as a result of custom rather than any laws.

24. Customs, cont.
Which customs did the 22nd and 25th Amendments establish as laws?
Ever since George Washington, Presidents had limited themselves to two terms in office.
After Franklin Roosevelt was elected to four consecutive terms from 1932 to 1944, the two-term limit was made into law by passage of the 22nd Amendment in 1951.
For years, the Vice President assumed the office of the presidency when the President died.
But this was not a formal law until ratification of the 25th amendment in 1967.
Checkpoint Answer: The two-term limit on Presidents and the official succession of the Vice President to the office of President when the President dies or is otherwise forced to step down.