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Amending and Interpreting the US Constitution

Explore the ways the US Constitution has evolved through amendments, interpretation by different branches, and changing customs and traditions over time. Learn about the rigorous amendment process and the power of interpretation held by the Supreme Court and other branches.

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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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