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Chapter Three, Section Four

Chapter Three, Section Four. “Amending the Constitution & Interpretation of the Constitution”. Amending the Constitution. Amending the Constitution. 1791, the first “ amendments ”, changes were added to the Constitution. The first 10 Amendments are called the “ Bill of Rights ”.

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Chapter Three, Section Four

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  1. Chapter Three, Section Four

  2. “Amending the Constitution & Interpretation of the Constitution”

  3. Amending the Constitution

  4. Amending the Constitution • 1791, the first “amendments”, changes were added to the Constitution. • The first 10 Amendments are called the “Bill of Rights”. • Thousands have been suggested, but only 27have been made!

  5. Amending the Constitution • All amendments must begin by being “proposed” • To propose an amendment, it requires either a (1) vote of 2/3 of both houses of Congress OR (2) national convention called for by 2/3 of statelegislatures. • Most amendments begin with (1)…

  6. Amending the Constitution • All amendments must end by being “ratified” • To ratify an amendment, it requires either a (1) ¾ of state legislatures approval OR (2) ¾ of state Ratifying Conventions. • Only Amendment 21 ratified by option (2)…

  7. Interpreting the Constitution • Because our Framers wrote the Constitution with the intention of it being a “living document” that stood the test of time – some parts were left intentionally vague and left to interpretation. • Congress (L) • President (E) • Courts (J)

  8. Interpreting the Constitution • The “Necessary and Proper Clause” (aka the “Elastic Clause”) -states Congress has the power to make all Laws which shall be “necessary and proper” – gives them the ability to “sssstttrrreeettccchhh” (elastic) their powers if needed • Article I, Section 8, Clause 8 • These are called implied powers – which are powers that are not specifically listed in the Constitution. (Military Example – Can raise an Army/Navy; Implied Air Force)

  9. Interpreting the Constitution • The Constitution also give Congress the power to impeach, or officially accuse a public official of misconduct. • We have had two Presidential Impeachments in our history: • Andrew Johnson (17th President) • Bill Clinton (41st President)

  10. Interpreting the Constitution • President’s have interpreted the Constitution over time, as well. • George Washington used his powers of interpretation in order to be able to add his Cabinet to the Executive Branch. • The Cabinet is a group of advisors to the President that offer guidance on key issues (homeland security, education, defense, etc.) • There is nothing actually written in the Constitution about the Cabinet but they remain a significant part of the Executive Branch.

  11. Interpreting the Constitution • Supreme Court decisions also have a major impact. • They have final authority on “interpreting” the Constitution. • These have differed over time depending on the make up of the Court.

  12. Interpreting the Constitution • All Supreme Court decisions are final. • If the Supreme Court rules a law as unconstitutional, the law dies. • If the Supreme Court upholds (agrees) a law, it remains.

  13. Interpreting the Constitution • Although not in the Constitution, the creation of political parties has also changed the way we look at this document. • All three branches can interpret the document differently.

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