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Constitution is over 200 years old Constitution still functions because of its flexibility (A Living Document) The Constitution was only meant to be a.

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Presentation on theme: "Constitution is over 200 years old Constitution still functions because of its flexibility (A Living Document) The Constitution was only meant to be a."— Presentation transcript:

1 Constitution is over 200 years old Constitution still functions because of its flexibility (A Living Document) The Constitution was only meant to be a blueprint or framework

2 Changing the Constitution AmendmentInterpretation

3 Proposing Amendments -Described in Article 5 -Must first be proposed -two methods of proposing an amendment 2/3 of Both Houses of Congress 2/3 of the members of the House of Reps. and Senate must agree to propose (ask for) a change National Convention called by 2/3 of states 33 states must call a convention -only method ever used is 2/3 of Congress

4 Ratifying Amendments -Must first be proposed -must be ratified by 3/4 of the states 38 states must approve the new Constitutional amendment -Two methods of ratifying by state legislatures Let the Congress of the state vote as representatives for the people by state conventions Invite citizens themselves to vote -Difficult process only make changes when really needed – only been amended 27 times in over 200 years

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6 Necessary and Proper Clause -Necessary and Proper Clause- Elastic Clause -Necessary and Proper Clause- Statement in Article I of the Constitution that allows Congress to stretch its enumerated powers to do almost anything in the best interests of the citizens---Elastic Clause -Article 1 describes the power but does not define the power specifically Caused many arguments about what Congress can/not do -most interpretation occurs with this phrase -Implied Powers -Powers that are not specifically written in the Constitution but are interpreted to exist -Constitution is a flexible document The Constitution’s “necessary and proper” clause, also known as the “Elastic Clause” allows Congress to stretch its powers to do what they feel is what the country needs at the time. For example, after WWII, Congress used these powers to begin an Air Force.

7 Interpretation -Three types of Interpretation strict—based on actual wording of Constitution If it does not specifically say you can, then you cannot loose—based on implied meanings of passages If it does not specifically say you cannot, then you can original intent —based on what founding fathers meant the Constitution to say -Final Interpretation of the Constitution - Handled by the Supreme Court Judicial review -This opinion changes over time also Some people believe the Constitution should be interpreted strictly, meaning that unless the document specifically says Congress or the federal government can do something, then they cannot. Others believe the opposite is true, saying that unless the Constitution specifically says you CANNOT do something, then you can. Still others believe in interpreting the document exactly as the writers intended it to be. The final interpretation today is handled by the Supreme Court.

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