Amending the Constitution

1. Amending the Constitution

2. The Constitution • The Framers understood the need to make the Constitution adaptable. • They built into the document a way to amend, or change, the Constitution • There are two different ways to amend the Constitution: • Formal • Informal

3. Formal Methods • Formal amendments include the 27 different amendments in the Constitution • The first ten amendments = The Bill of Rights • The other 17 amendments were added as the national and the role of government changed over time

4. Formal Methods • There are two steps to formally amending the Constitution: • 1.) Proposing an amendment • 2.) Ratifying the proposed amendment

5. Proposing an Amendment • There are two ways to propose an amendment: • 1.) The amendment may be introduced into the House of Representatives and the Senate • 2/3rds of the members must approved the proposed amendments • 2.) Two-thirds of the states must petition, or request, Congress to call a constitutional convention. • In the convention, Congress proposes, discusses and approves the amendment • This method has never been used.

6. Formal Ratification • Once an amendment is approved, there are two ways it may be ratified (approved) • 1.) 3/4ths of the state legislatures of all 50 states must ratify it. • 2.) Congress asks the states to call special constitutional conventions to ratify the proposed amendment • 3/4ths of the state constitutional conventions must approve it.

7. Formal Ratification • Congress determines which method of ratification to use • Since 1789, special constitutional conventions have been called only once • The 21st Amendment was ratified in 1933 • The other 26 amendments were proposed by Congress and ratified by state legislatures

8. Informal Changes The Constitution leaves the day-to-day operation of the government to the people who run it. The population of the country has expanded, and the Constitution must adapt accordingly – and it has Amendments allow the Constitution to expand with time

9. Informal Changes Informal changes do not revise the wording of the Constitution They develop as Congress, presidents, and the courts go about the daily business of running the government

10. Informal Changes: Legislation Congress passes laws that explain and enlarge the powers given to the Congress in Article I. For example, the Framers gave Congress the power to levy taxes – however, the questions of what kinds of taxes, on whom, and how much, were left to Congress to answer

11. Informal Changes The second source of informal change is practice, or how things are done For example, the Constitution gives the House the power to impeach a federal official – however, the Framers did not define “high crimes and misdemeanors” – they left that up to the actual legislators

12. Informal Changes Presidential actions are the third source of informal change Theodore Roosevelt and Woodrow Wilson began asserting their power with Congress – they began sending proposed legislation to Congress and threaten to veto bills they didn’t want passed

13. Informal Changes • Another example of presidential action is the power to declare war. • Congress has the expressed power to declare war, but the Constitution also makes the President Commander in Chief of the armed forces • Part of the system of checks and balances • However, presidents have sent the United States into battle many times without asking Congress for a declaration of war.

14. Informal Changes • Modern presidents also get around Congress’ power to approve treaties • Presidents can make executive agreements • Executive Agreements = informal documents with other nations, rather than treaties. Congress DOES NOT need to approve.

15. Informal Changes The fourth method of informal change is court decisions – judicial review By hearing cases and handing down court decisions, the federal judiciary interprets the Constitution and laws passed by Congress

16. Informal Changes Some critics of the judiciary claim that reads into the Constitution things that the Framers never meant These critics believe judges should practice judicial restraint On the opposite side, others believe that the Court should be involved in how the government makes and enforces laws – or, judicial activism

17. Informal Changes • Customs and usage also result in informal changes • For example, the Constitution says nothing about political parties – but, they began to take shape as early as George Washington’s first term • Since the early 1800s, elections have been based on party differences • Congress is also based on party membership