Amending the Constitution

1. Amending the Constitution

2. Process • Congress and sates have ability to amend • All topics can be considered except for state representation in Senate • 2 ways to propose • 2/3 vote by each house of congress • A national convention called by congress at the request of 2/3 of the states • Almost happened twice- 1967, 1991

3. Ratifying (approving) • Legislatures of ¾ of the states ratify or pass the amendment • States call for a special ratifying convention and ¾ of the convention pass it. • If state rejects ratification- it can come back later and reverse its position • Convention held once- 21st Amendment which repealed the 18th and Prohibition

4. Informal changes • Congress has made laws describing and expanding role of government • Taxes- “lay and collect taxes”???? • Expanded role of executive office • Cabinet secretaries, czars, agencies, etc….. • Expanded size of the judiciary- more courts as country grew. • Government growth- necessary???

5. Changes through practices • Impeach- accuse federal officials of high crimes and misdemeanors. • Bribery/Treason • Congress has investigated over 60 people • 3 Presidents- Andrew Johnson, Richard Nixon, Bill Clinton

6. Informal Presidential changes • 1841- William Henry Harrison dies in office • Vice President John Tyler assumed power as provided in Constitution • 1967 25th amendment clarified succession • Treaty vs Executive agreement • Founders felt the executive would concern itself mainly with domestic affairs • Today- very much international

7. Court decisions • Judicial review- interpret constitution • Judicial restraint- avoid issues social/political questions. Let congress and Constitution establish laws • Judicial activism- court should help shape policies • Warren Court 1953-1969 • Activism- civil rights/social issues

8. Court can change rulings • Plessyvs Ferguson 1896 • Brown vs Board of Education overturned/overruled in 1954 • Roe v Wade 1973- may see in future