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Amending the Constitution

This section explains the process of amending the Constitution, including the two methods proposed by Congress and the time limit for ratification. It also discusses the indirect ways in which the Constitution can adapt to changing times through changes in law, practices, presidential actions, court decisions, and customs.

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Amending the Constitution

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  1. Amending the Constitution Chapter 3 Section 3

  2. Section 3 The Amendment Process • The Founders provided for change to the Constitution with Article 5. • Constitutional amendments may be proposed and ratified, or approved, in two ways: • a two-thirds vote in the House and Senate, or • two-thirds of the states petition, or appeal to, Congress to call a convention. Process for Amending the Constitution

  3. Section 3 The Amendment Process (cont.) • Congress has two methods for obtaining state approval when an amendment is proposed: • The legislatures in three-fourths of the states can ratify an amendment. • The states hold special conventions and need three-fourths of the conventions to approve it. Process for Amending the Constitution

  4. Section 3 The Amendment Process (cont.) • Congress set a rule that says there is a time limit—seven years—for states to ratify an amendment. Process for Amending the Constitution

  5. Section 3 Indirect Ways the Constitution Changes • There are two indirect ways to adapt the Constitution for changing times: • Changes through law • For example, Article I gives Congress the power to “lay and collect taxes” but does not spell out the practical details. • Passing tax laws is one way Congress has expanded the scope of its power.

  6. Section 3 Indirect Ways the Constitution Changes (cont.) • Changes through practices • For example, Article II says the Congress may impeach, or accuse, federal officials and remove them from office, but is vague on the types of crimes. • Interpreting Article II is one way Congress can adapt the Constitution.

  7. Section 3 Informal Presidential Changes • The actions of presidents have affected the interpretation of the Constitution. • Modern presidents often conduct foreign affairs by executive agreement—agreements between heads of states—instead of the treaty process specified in the Constitution.

  8. Section 3 Court Decisions • Through judicial review, the Supreme Court plays a key role in interpreting the meaning of words and phrases in the Constitution.

  9. Section 3 Changes Through Custom and Use • The Constitution can be changed informally through customs that develop over time. • Political parties are a good example of a custom not mentioned in the Constitution that affects elections and congressional conduct.

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