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Amending the Constitution. Daily Cornell’s Notes and Activity October 15 th , 2010. Background Information. The priceless heritage of the Constitution has been its ability to adapt to new conditions while preserving the basic form of American government.
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Amending the Constitution Daily Cornell’s Notes and Activity October 15th, 2010
Background Information • The priceless heritage of the Constitution has been its ability to adapt to new conditions while preserving the basic form of American government. • “We must never forget that it is … a Constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.” • John Marshall, 1819
Amendment Process • Proposing Amendments • By 2/3 vote of each house of Congress. It is the only method that has been used to date. • Income taxes, Supreme Court Justices term … • By a national convention called the Congress at the request of 2/3 of the states [34 states]. This method has never been used. • In 1963 states began to petition, or appeal, to Congress. • 1967, 33 state legislatures, only 1 short of the required 2/3, had voted for such a convention • Between 1975 to 1991, 32 state legislatures have consistently petitioned Congress to propose an amendment requiring a balanced budget for the federal government.
Ratifying Amendment Congress has set the limit to seven years on how much time the states will have to ratify an amendment.
Informal Changes • Changes Through Law • Article I: gives Congress power to “lay and collect taxes” resulting in many tax laws passed. • Article II: expanded the executive branch by creating the cabinet departments, agencies, etc. • Article III: Judiciary Act of 1789 creates more federal courts to deal with nation’s new problems. • Changes Through Practices • The House may impeach, or accuse, federal officials, including the president and the Senate to determine the accused person’s guilt or innocence.
Informal Presidential Changes • Presidential succession – 25th Amendment, 1967. • Foreign Affairs -- while treaty is an agreement between nations, an executive agreement is made directly between the president and the head of state of another country; it does not require State approved.
Courts Decision • Judicial Review • Judicial restraint, the Court should leave the policy making to others. OR • Judicial activism, the Court should take an active role in policy making. • Changing Court Rulings • In 1896, the Court ruled that “separate but equal” was constitutional and reversed its decision in Brown vs. Board of Education, 1954.
Participating in Government • Proposing an Amendment • Select an issue you believe the Constitution needs to address and propose an amendment. • Follow the guidelines when writing your proposal: • Explain what your proposed amendment will do. • Explain why you believe it is needed and how the nation will benefit if it is ratified. • Indicate what opposition you expect there to be on your amendment and why. • Suggest arguments that could be used to reply to criticism of your amendment.
Close • Do you think the Founders were correct in allowing the Constitution to be amended? Explain.
