Amending the Constitution CH 3.2
Amending the Constitution CH 3.2. The Formal Amendment Process.
Jan 01, 2016
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Amending the ConstitutionCH 3.2
The Formal Amendment
Process
METHOD 1
• Proposed by: CONGRESS by a 2/3 vote in both houses
• Ratified by: STATE LEGISLATURES in 3/4 (38) States
Most used Method
METHOD 2
• Proposed by: CONGRESS by a 2/3 vote in both houses
• Ratified by: CONVENTIONS held in 3/4 (38) of the States
Ex: 21st Amendment
METHOD 3
• Proposed by: a NATIONAL CONVENTION called by Congress when requested by 2/3 (34) of the State legislatures
• Ratified by: the STATE LEGLISLATURE in 3/4 (38) of the States
Never been used
METHOD 4
• Proposed by: a NATIONAL CONVENTION called by Congress when requested by 2/3 (34) of the State legislatures
• Ratified by: CONVENTIONS held in 3/4 (38) of the States
Similar to the way the Constitution was adopted
Ratification of Amendments is Difficult
WHY??? Ex: The Equal Rights Amendment (ERA)
Picturing the Amendments Assignment
• Draw a picture of your assigned amendment• Make sure you include
Amendment # on the front (make it big!)ColorName on the backWritten summary explaining the
amendment on the back (you will have to present this tomorrow!)
Informal Changes to the ConstitutionCH 3.3
Legislation
• Congress can pass laws to fill in the detailsEx: Courts
• Congress can pass laws defining/ interpreting the meaning of Constitutional provisions
Ex: “high crimes and misdemeanors”
Executive Action
• Presidents may use their powers in ways that are unclear in the Constitution
Ex: Waging war
Agreements made between two heads of state- do not need Senate approval like a treaty
Ex: Executive Agreements
Court Decisions
• The Supremes Court interprets and applys the Constitution- this is how we know what specifically the Const. means. Judicial Review Marbury v. Madison (1803)
Landmark Supreme Court cases
Party Practices
• Even though parties are not mentioned in the Const. we have used them in numerous ways to run our government. Hold political conventions for
nominations
Organize Congress along party lines
Inject party politics into the process of Pres. appointments.
Customs
• Each branch has developed customs outside the provisions of the ConstitutionEx: Cabinet
• Some customs eventually become part of the ConstitutionEx: SuccessionEx: Presidential term limits
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