Amending the Constitution

1. Amending the Constitution • Amendment: Any change to the Constitution • Thousands of amendments have been proposed to the Constitution • over the years • How many amendments are there • to the Constitution? There are only 27 amendments.

2. Amending the Constitution If thousands of amendments have been proposed throughout the years, why are there only 27 amendments? The Framers intentionally made the amendment process difficult. After spending months of debating and compromising, they knew how delicately balanced the Constitution was and to make even a minor change to it, could have dramatic effects throughout the entire government. However, they also recognized the need to amend the Constitution would be necessary.

3. The Amendment Process The process to amend the Constitution is found in Article V of the Constitution and involves two steps: 1. Proposal – this may happen in one of two ways. - Congressional Action: Two-thirds of the members of both houses of Congress are needed. This method is the method that has been used for all amendments so far. - National Convention: Two-thirds of the state legislatures request a proposal. 2. Ratification – Once an amendment has been proposed, ¾ of the states must ratify it, by a vote of the state legislature or by a special state convention. *Only the 21st Amendment has been ratified by means of state convention; all other amendments have been ratified by the vote of the state legislature.

5. Interpreting the Constitution The Necessary and Proper Clause In Article I of the Constitution, Congress has the power “to make all Laws which shall be necessary and proper” to carry out its duties. This clause allows Congress to exercise powers not specifically listed in the Constitution, known as implied powers. Much of what the government does today (regulating air pollution, licensing tv stations) is based on these implied powers. What is a “necessary and proper” law? Regulating air pollution? Licensing television stations? This need for interpretation has caused conflict – some argue that Congress should be allowed to make any laws the Constitution does not specifically forbid. Others argue that Congress should be allowed to only make laws that are mentioned in the Constitution.

6. Interpreting the Constitution So, how do we decide on how we interpret the Constitution? The final authority for interpreting the Constitution rests with the Supreme Court. The Supreme Court Justices are nominated by the President and the Senate votes to confirm the nominee, with a simple majority. Both the Executive and Legislative branches are involved in the process. • So, what does this mean for the interpretation of the Constitution? The interpretation is always going to be different.

7. Civil War Amendments The Civil War called attention to the laws that violated the civil liberties of many Americans. Before 1865, many states had laws that provided for the enslavement of African Americans; additionally, women and African Americans were not allowed to vote. While the following amendments were passed, extending civil liberties to African Americans, the promise of these amendments were not fulfilled for 100 years. 13th Amendment (1865): Outlawed slavery, as well as any forced labor 14th Amendment (1868): Defines citizenship and guarantees all citizens “equal protection of the laws” 15th Amendment (1870): Prohibits restrictions on the right to vote based on race and color. This amendment aimed to guarantee suffrage (the right to vote) to African Americans.

8. Voting Amendments 17th Amendment (1913): Allows voters the ability to elect their senators directly. Prior to this amendment, Article I of the Constitution dictated that state legislatures were to choose members of the Senate and the people were to elect members of the House. 19th Amendment (1920): Gave women the right to vote. While the Constitution did not explicitly deny women suffrage, it also did not clearly guarantee women the right to vote. 23rd Amendment (1961): Gave residents of the District of Columbia the right to vote. Since Washington, DC is not a state, residents were not permitted to vote prior to 1961. 24th Amendment (1964): Abolished poll taxes. In the South, states required voters to pay a sum of money before casting a ballot (a poll tax). This impacted primarily African Americans, but also poor whites. 26th Amendment (1971): Established the voting age at 18. Previously, states had set the minimum age to 21, but with the draft in the Vietnam War many 18 year olds were fighting in a war, yet did not have the ability to vote.

9. Other Amendments 11th Amendment (1795): Limited suits against states. 12th Amendment (1804): Revised procedures for electing the president and The vice president. The 12th Amendment provided for the Electoral College. 16th Amendment (1913): Gave Congress the power to levy an income tax. 20th Amendment (1933): Changed the dates of congressional and presidential terms. 22nd Amendment (1961): Limited presidents to two terms in office. 25th Amendment (1967): Established procedures for succession to the presidency. 27th Amendment (1992): Delayed congressional pay raises until the term following their passage.

10. Other Amendments • 18th Amendment (1917): Prohibited making, drinking, or selling alcoholic • beverages – referred to as Prohibition. • The 18th Amendment is unique. Why? It’s the only amendment that has been repealed by another amendment. 21st Amendment (1933): Repealed Prohibition (18th Amendment).