Amendments and other means

Changes…

Why?Then…

Small, Agricultural1,300 milesLess than 4 million

Now…300 + million50 states

AmendmentsArticle V2 types of Amendments

FormalInformal

2 types = 4 methods

Methods of AmendmentMethod 1

Proposed: 2/3rd vote in each house of CongressRatified: 3/4ths vote of each states Legislature

38 must approve today 26 of 27 amendments passed

Methods of AmendmentMethod 2

Proposed: 2/3rd vote in each house of CongressRatified: 3/4ths of State Conventions

(states hold convention, vote taken (either passed or rejected by state), if 3/4ths of State conventions pass = ratified

1 0f 27 21st amendment

Repeal prohibition Why this method? Considered that popularly elected delegates were more

likely to reflect public opinion than state legislatures

Methods of Amendment (never used but available)

Method 3Never UsedProposed: by a National Convention, called by

Congress, at request of 2/3rds of state legislatures

Ratified: 3/4ths State legislatures A National Convention has never been called for

this purpose 33 states have asked (2 times) in last 50 years

One-person, one-vote Balanced Federal Budget

Methods of Amendment(never used but available)

Method 4Amendment proposed by national convention

in 2/3rdsRatified by conventions in 3/4ths Constitution ratified in similar way

Important BackgroundVotes taken at conventions are made by

Representatives chosen by people for that causeThis has never been used

States cannot require an amendment proposed by Congress to be approved by a vote of the people of that state before ratification by the State legislature (Hawke vs. Smith – 1920)

State Legislature can call for advisory vote by people before action (Kimble vs. Swackhamer – 1978)

Restrictions?Cannot propose amendment which deprives

states of equal suffrage in Senate

Reasonable time-limit on ratification process (Dillon vs Gloss – 1921) Not always present or enforced

(example: Amendment 27)

Other means of change…Basic LegislationPresidential ActionsSupreme Court DecisionsPolitical Party ActionsCustom

Other means of change… Basic Legislation

Congress adds flesh and bones to skeletal systemMany things left intentionally vague by framers

and congress decides from time to time Federal courts set up by acts of congress (not

supreme court) Executive branch creation (all by congress except pres

and VP) Presidential Succession only outlined in congress

through President and Vice-President

 

Other means of change… Presidential Actions

Example: President is the Commander in Chief, needs congress to declare war 100’s of occasions where fighting has occurred

without declarationExecutive agreements

Treaty = agreement between two sovereign nations Executive agreement = agreement between the

heads of two states (foreign states, i.e. U.S. and Mexico) Does not require Congressional approval

Other means of change… Supreme Court Decisions

U.S. Supreme CourtThese decisions about interpretation, etc.

Other means of change… Political Party Actions

National Conventions by parties to nominate candidates (not in Constitution)

Other means of change… Custom

Cabinet made up of 15 executive department heads

When pres dies in office, vp takes over, constitution just says assumes powers not office

Senate approves only presidential appointees who are acceptable to the senator or senators of the pres party from the state involved

2 term presidency (Washington refused to seek 3rd and others followed lead…until FDR22nd amendment - 1951