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How to amend the Constitution?

How to amend the Constitution?. Formally and Informally. Formal Amendment of the US Constitution (Article V). 2/3 majority of both houses of Congress propose*, ** ¾ state legislatures ratify* ¾ state conventions ratify** 2/3 majority of a national convention called by 2/3 of the states

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How to amend the Constitution?

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  1. How to amend the Constitution? Formally and Informally

  2. Formal Amendment of the US Constitution (Article V) • 2/3 majority of both houses of Congress propose*, ** • ¾ state legislatures ratify* • ¾ state conventions ratify** • 2/3 majority of a national convention called by 2/3 of the states • ¾ state legislatures ratify • ¾ state conventions ratify • *-26/27 amendments proposed/ratified • **-Only 21st ratified through this method

  3. Formal Amendment FYI • What part of the Constitution can NEVER be amended? • No state can be deprived of its equal representation in the Senate • Why is the formal amendment process so difficult? • Founders wanted it to be difficult, “consensus” changes to the document

  4. Informal Amendment: making changes in government practices without changing written document • Most changes to our government are made through “INFORMAL AMENDMENT” process • Court decisions • Executive decision • Legislative action • Political parties • Custom or tradition

  5. Court Decisions • US Supreme Court INTERPRETS the Constitution • Examples • Marbury v. Madison (judicial review) • Gideon v. Wainright (incorporated 6th amendment) • Roe v. Wade (right to privacy) • Texas v. Johnson (symbolic speech)

  6. Executive Decisions/Actions • Conducting war • Executive agreements (informal treaties) • Executive privilege (withhold info/nat’l security) • Executive orders (establishing cabinet level departments, creating “czar” positions in government)

  7. Legislative Action • Congress passes a law clarifying or defining a part of the Constitution • Defining VAGUE powers with specific acts • Judiciary Act of 1789 (creation of lower courts) • War Powers Act of 1973 (defined role of Congress when no formal declaration of war) • Creation of Cabinet Departments (Homeland Security) aka “authorization and appropriation”

  8. Political Party Practices • Actions of the Democrats and Republicans • Party organization in Congress (Leadership positions such as Majority and Minority Leaders) • Caucuses and Primaries in the states to award delegates at national convention • National Conventions to NOMINATE presidential candidates

  9. Customs and Traditions in Government • Department heads (15)= Cabinet • VP “becomes” president (made formal by 25th amendment) • “no third term” tradition (made formal by 22nd amendment)

  10. Essay Question for tomorrow: The US Constitution has endured for more than two centuries as the framework for government. However, the meaning of the Constitution has been changed both by formal and informal methods. • Identify 2 formal methods for adding amendments to the Constitution • Describe 2 informal methods for adding amendments to the Constitution. Provide ONE specific example for each informal method you described. (make sure you explain HOW it changes the meaning of the Constitution) • Explain why informal methods are used more often than the formal amendment methods.

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