PLJ Volume 81 Number 4 -01- Vicente v. Mendoza - On Amending the Constitution
Amending the Constitution
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Transcript of Amending the Constitution
Amending the Constitution
The only constant, is change…
The US Constitution Is the oldest written constitution still in effect**Why do you think the Constitution has been
able to survive for 220 years?
*Why do you think the Constitution has been able to survive for 220 years?
One of the reasons is because the Constitution was written in broad language In many cases, allows for new interpretations to fit new
circumstances
Another reason that it has survived is because of its ability to be amended, or changed/added to… This process is not impossible (like it was under the Articles of
Confedration, our first government in the US), but it is difficult enough to only allow for amendments that have a great deal of (but not necessarily overwhelming) support.
**Why is the amendment process so important?
Our nation has changed a great deal in the past 220 years…and the amendment process has allowed parts of the Constitution to change with it.
How can it be amended/changed?There is a 2-step process for amending
the Constitution First step is PROPOSAL
2 ways to propose amendments
Second step is RATIFICATION 2 ways to ratify amendments
Step 1: Proposing the Amendment…
Step 1: Propose the amendment Ideas for
amendments can come from anywhere, but can only be proposed in 1 of 2 ways.
The most common way that amendments are proposed is…
…2/3rds vote of both houses of Congress (House and Senate) to formally propose the amendment
Sample Constitutional Amendment in
Congress
Another way to propose amendments Amendments can also be proposed at a
national convention These would be called by the legislatures of the
states, Held in one national location Each amendment would have to be agreed to by
3/4ths of the states (38)**This method has never been used to propose
amendments
Step 2: Ratifying the Amendment
Once an amendment has been officially proposed by Congress or a national convention, it must be sent to the 50 states for their approval.
There are 2 ways that states can ratify, or agree to, amendments…
Step 2: Ratifying AmendmentsThe most common
way that states can ratify amendments is by a vote in their state legislatures. 3/4ths (38) of the
state legislatures must agree in order for the amendment to be officially ratified
Step 2: Ratifying Amendments Another, less common method of ratification,
is the use of state ratifying conventions. These are meetings with new delegates held
in each state that vote on the amendment 3/4ths of these ratifying conventions would
have to agree on the amendment Only used 1 time; to repeal the 21st amendment
(Prohibition ended)
Who determines which ratification methods are used?
Congress, in the text of the amendment, will determine which ratification method is used.
If a national convention were used to propose amendments, they would choose the method of ratification.
How many total amendments? The first 10
amendments were ratified in 1791 What were
these called? Since then,
17 amendments have been ratified for a total of 27
Evaluating Proposed Amendments When considering whether you would
support a proposed Constitutional amendment, there are 3 questions you should ask about the amendment…
1) Is there a “pressing need” in American society for the amendment?
2) Is the amendment consistent with American values and the values of the Constitution? (as you define them)?
3) What are the possible consequences (pro and con) if the amendment passes?
Review Why is the amendment process so important? What are the two basic steps in the
amendment process? What is the most common way that
amendments are proposed? What is the most common way that they are
ratified? Who determines the method of ratification? How many total amendments have been
added to the Constitution? What are the three questions you should ask
about proposed amendments?
http://www.youtube.com/watch?v=LYG_f-y8-VY
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