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The US Constitution . A Formal Amendment . US Constitution . Written in 1787 We now have the longest lasting Constitution of any nation Our constitution has been changing over the years Two ways for constitutional change Formal Informal . Formal Amendment Process .
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The US Constitution A Formal Amendment
US Constitution • Written in 1787 • We now have the longest lasting Constitution of any nation • Our constitution has been changing over the years • Two ways for constitutional change • Formal • Informal
Formal Amendment Process • Article V of the Constitution • Founding fathers knew things would change • Need a government that can change • Explains the four methods for a Formal Amendment to take place
First Method • Amendment proposed by 2/3 vote in Congress • Ratified by ¾ of the State legislatures (38 States) • 26 of our 27 Amendments created this way
Second Method • Amendment proposed by Congress • Ratified by Conventions, called for that purpose, in ¾ of States • 21st Amendment created this way • Why? • Felt popular elected delegates would be more likely to reflect public opinion
Third Method • Amendment proposed by a national convention • Called by Congress at request of 2/3 of State legislatures (34) • Then ratified by ¾ of State legislatures • Congress has never called such a convention
Fourth Method • Amendment proposed by a national convention • Ratified by conventions in ¾ of States • Constitution itself was adopted in this same way
Federalism and Popular Sovereignty • Formal Amendment Process • Emphasizes federal character of government • Proposals start nationally • Ratified by individual states • Critics • State Legislators are never elected based on their stance to an amendment • Delegates for a ratifying convention are elected solely for their stance on an amendment
Proposed Amendments • States may reject Amendments • When they do so they may recant and vote in favor of it • When a State votes in favor it cannot change its vote • Over 10,000 Amendments proposed since 1789 • 33 sent to States, and 27 ratified • Time limits • Congress can impose a reasonable time limit for ratification • After which the Amendment dies
Failed Amendments • 1789 Distribution of Seats in the House • 1810 voided citizenship of anyone accepting any foreign title or other honor • 1861 Prohibit any amendment relating to slavery • 1924 empower Congress to fight child labor • 1972 Equal rights of women (died in 1982) • 1978 Give seats to District of Columbia (died 85)