1. Amending the Constitution

2. How many times has the Constitution been amended?
Objectives
Be able to understand the different ways to formally amend (change) the wording of the Constitution.
Be able to explain the different ways the Constitution can be changed Informally.
Be able to explain why the Founding Fathers made it so difficult to formally amend the Constitution.
How many times has the Constitution been amended?

3. Key Terms Amend: Ratify: Petition: To Change or Add To To Approve
An Appeal

4. Formally Amending the Constitution
The Constitution was created with the ability to change the document.
Amendments
Article V sets out 2 methods for the proposal and 2 methods for the ratification of amendments.
Creates 4 possible methods for formal amendments.

5. Formally Amending the Constitution

6. Amendments to the Constitution
Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms.

7. Informal Amendment Processes
Informal amendments: over time, changes have been made in the Constitution without any changes in its written words.
Changes Through Law
Changes Through Practices
Informal Presidential Changes
Changes Through Court Decisions
Changes Through Custom and Usage

8. Changes Through Law
Congress can pass basic legislation to clarify or expand Constitutional provisions.
Examples
Congress created and expanded the tax code.
Congress expanded the Presidential Cabinet and independent agencies.
(i.e., CIA, FBI, Housing Authority, etc)
Congress established the current Federal Court structure.

9. Changes Through (Party) Practices
Party practices have played a major role in shaping the government.
Examples
The meanings of “high crimes and misdemeanors” in impeachment.
Neither the Constitution nor federal law provides for the nomination of presidential candidates by party.

10. Informal Presidential Changes
Presidents have made a number of important informal amendments.
Examples
Presidential Succession:
John Tyler after William Henry Harrison’s death.
Finalized by 25th Amendment
Foreign Affairs:
Executive Agreement instead of a Treaty
Domestic Affairs:
Suggesting Legislation

11. Changes Through Court Decisions
Through Judicial Review, the Supreme Court can declare laws & actions as unconstitutional.
Judicial Restraint
Judicial Activism
Examples
Plessy v. Ferguson
Establishes Separate but Equal
Brown v. Board of Education
Ended Segregation
Roe v. Wade
Right to an Abortion is Constitutional
Gideon v. Wainwright
Right to Counsel, Due Process

12. Changes Through Custom and Usage
Unwritten customs and precedents can be as strong as written law.
Examples
George Washington made 2 term limits a custom.
Finalized by the 22nd Amendment
The creation of Political Parties is a custom.

13. What did you learn today?