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