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Amending and Interpreting the US Constitution

Amending and Interpreting the US Constitution. There are three major ways our Constitution has changed to fit the times 1 – Amendments 2 – Interpretation 3 - Customs. Amending the Constitution.

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Amending and Interpreting the US Constitution

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  1. Amending and Interpreting the US Constitution

  2. There are three major ways our Constitution has changed to fit the times1 – Amendments2 – Interpretation3 - Customs

  3. Amending the Constitution • Thousands Amendments have been suggested over the years, but only 27amendments, or changes, have been made to the Constitution! • The first 10 amendments are called the Bill of Rights and were added in 1791.

  4. Amending the Constitution • The Amendment Process is a slow and difficult one. • Why did the Framers made it difficult? In order to avoid frequent changes to the structure of our government. • Amending is a TWO step process • 1 – Proposing • 2 - Ratifying

  5. Amending the Constitution – STEP 1 • All amendments must begin by being “proposed” (suggested) • To propose an amendment, it requires either a (1) vote of 2/3rdsof members of both houses of Congress (287 HR & 67 S) OR (2) national convention called by state legislatures proposes it with a 2/3rds vote. • Most amendments begin with the first method (Congress)…

  6. Amending the Constitution – STEP 2 • All amendments must end by being “ratified” (approved) • To ratify an amendment, it requires either a (1) 3/4ths of all state legislatures approval OR (2) 3/4ths of state ratifying conventions. • Only 21stAmendment ( repeal of Prohibition) ratified by option (2)… • A caucus is what we call such a meeting or convention. (38 states are required).

  7. Interpreting the ConstitutionMany believe that our constitution was written in a way that left it to be interpreted over time…to fit the times! The Supreme Court has the official power of interpreting, but the other branches do it “unofficially” as well!!!! • Congress has interpreted the Constitution: • The “Necessary and Proper Clause” states Congress has the power to make all Laws which shall be “necessary and proper” – this is also called the elastic clause. • Article I, Section 8, Clause 18

  8. Interpreting the Constitution • The Elastic Clause (Necessary and Proper Clause) gives Congress flexibility to make what laws it deems or “Interprets” as being necessary and proper to do its job! • These are “implied powers” which are powers not specifically mentioned in the Constitution.

  9. Interpreting the Constitution • Congress has other powers as well – ie Congress is granted the power to impeach, or officially accuse officials of misconduct. • We have had two presidential impeachments in our history – Andrew Johnson and Bill Clinton

  10. Interpreting the Constitution • The President has interpreted the Constitution: • George Washington was the first President to create cabinetas a part of the Executive Branch. • There is nothing written about the cabinet but the Presidents have kept that power ever since. They are able to interpret the Constitution and act accordingly.

  11. Interpreting the Constitution • The Supreme Court can interpret the Constitution. • All Supreme Court decisions are FINAL. • They have final authority on “interpreting” the Constitution. • If they deem a law unconstitutional, the law dies. If they agree with a law, orupholdit, it stays in effect. • Plessy v Ferguson and Brown v Board of Education – changes in interpretation.

  12. Changing the Constitution through Custom • Our Constitution has changed over time just in the way we do things…….. • Ie. Political parties are not mentioned anywhere in the Constitution. They developed quickly and became a tradition. • It is important to remember that all three branches of government can interpret the document differently.

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