Chapter 3: The Constitution Section 2- 3. Copyright © Pearson Education, Inc.Slide 2 Chapter 3,...

Chapter 3: The ConstitutionSection 2- 3

Chapter 3: The ConstitutionSection 2- 3

Copyright © Pearson Education, Inc. Slide 2Chapter 3, Section 2

Changing with the TimesChanging with the Times

• The Constitution is a Living Document:

• The amendment process allows the Constitution to adapt to the changing needs of our nation and society.

– The United States has gone from a farming nation of less than 4 million people to a high-tech country with a population of more than 300 million.


The Amendment ProcessThe Amendment Process

[Done for 26 of 27 amendments.] [Done for the 21st amendment.]


FederalismFederalism

• How does the federal amendment process reflect the concept of federalism?

– Amendments are proposed at the national level and ratified at the state level by legislatures or conventions.

– A state can reject an amendment and later decide to ratify it.

• But a state cannot change its mind after it votes to ratify an amendment. (No going back on a YES vote)

– The President cannot veto proposed amendments.


Popular SovereigntyPopular Sovereignty

• The amendment process is based on popular sovereignty.

– The people elect the representatives who vote to propose or ratify amendments.


The Bill of RightsThe First 10 AmendmentsThe Bill of RightsThe First 10 Amendments

• What is the purpose of the Bill of Rights?

– They spell out many basic rights and liberties.

– Many people would not support the Constitution until a Bill of Rights was promised.


Proposed AmendmentsProposed Amendments

• Most suggested amendments are never proposed by Congress.– Congress has sent only 33 of some 15,000

suggested amendments to the states.

• Six proposed amendments were not ratified by the states.– Congress can set a “reasonable” time limit for

ratification, usually around seven years.• 27th Amendment (Limits Congressional Pay Raises) ratified

202 years after it was proposed as a part of the original Bill of Rights.


The 27 AmendmentsThe 27 Amendments

• Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems.– The 12th Amendment resolved a problem

with the presidential election process.– The 13th Amendment abolished slavery.


The 27 Amendments, cont.The 27 Amendments, cont.

• The 15th, 19th, and 26th Amendments each extended voting rights to a new segment of society:– African Americans– Women– 18-year olds

Inez Milholland


• 1791 - Amendments 1-10– Bill of Rights

• 1795 - Amendment 11– States immune from certain lawsuits

• 1804 - Amendment 12– Changes in electoral college

procedures• 1865 - Amendment 13

– Abolition of Slavery• 1868 - Amendment 14

– Citizenship, equal protection, and due process• 1870 - Amendment 15

– No denial of vote because of race, color or previous enslavement



• 1913 - Amendment 16– Congress given the power to tax

incomes• 1913 - Amendment 17

– Popular election of U.S. – Senators

• 1919 - Amendment 18– Prohibition of alcohol

• 1920 - Amendment 19– Women’s suffrage

• 1933 - Amendment 20– Change of dates for presidential and congressional terms

• 1933 - Amendment 21– Repeal of prohibition (Amendment 18)



• 1951 - Amendment 22– Limit on presidential terms

• 1961 - Amendment 23– District of Columbia allowed to vote in presidential elections

• 1964 - Amendment 24– Ban of tax payment as voter qualification

• 1967 - Amendment 25– Presidential succession, vice presidential

vacancy, and presidential disability• 1971 - Amendment 26

– Voting age changed to 18• 1992 - Amendment 27

– Congressional pay



Informal AmendmentsInformal Amendments

• How have the day-to-day workings of the government affected how we interpret the Constitution?

– Congress passes new laws.– Presidents push to expand executive power.– The Supreme Court makes key rulings on

constitutional issues.– Political parties influence the governing process.– Customs develop over time.


The Role of CongressThe Role of Congress

• Congress has expanded upon basic constitutional provisions.

– Congress created much of the specific structure of the federal government.

– Congress established the federal court system—the Constitution created only the Supreme Court.

– Congress created the many departments and agencies in the executive branch.

– Congress has clarified issues such as the succession of the Vice President.


Powers of CongressPowers of Congress

• Congress passes laws that clarify its own constitutional powers. – The Constitution describes some congressional

powers in vague terms.• For example, Congress has the power to regulate

foreign trade and interstate commerce.

– Over the years, Congress has passed thousands of laws that detail just what is meant by words like “regulate,” “trade,” “interstate” and “commerce.” In the process, it has interpreted the meaning of the Constitution.


Expanding Executive PowerExpanding Executive Power

• Presidents have increased their constitutional powers by taking a broad interpretation of such powers.

– Often this involves avoiding the need to gain congressional approval.

• For example, only Congress can declare war. But while acting as commander-in-chief, many Presidents have sent military forces into combat without a formal act of war.

• The Senate must approve formal treaties. But Presidents can and do enter into legally binding executive agreements with foreign leaders without asking for Senate approval.


Presidential PowerPresidential Power

• The Constitution grants the President “executive power.”

– Most Presidents argue that this power includes the authority to do things not specifically mentioned in the Constitution.

• For example, Thomas Jefferson used it as a justification for acquiring new territory for the United States when he purchased the Louisiana Territory in 1803.


The State of the UnionThe State of the Union

• While an address to Congress is required by the Constitution, the method of address is left to each President.– Harry Truman’s State of

the Union was the first televised address.

– Today, the State of the Union is an annual televised address to Congress and all Americans.


The CourtsThe Courts

• The nation’s courts, particularly the Supreme Court, interpret the Constitution on a regular basis.– The power of judicial review gives the Court the

power to declare laws unconstitutional.

– Declaring that a law is constitutional also involves interpreting the Constitution.

– Each type of ruling sets a precedent for interpreting future laws.


Political PartiesPolitical Parties

• The Constitution does not mention political parties.

– Most of the Framers actually opposed parties, fearing they would divide the government.


• Yet parties are very influential in our political process.

– The daily business and the committee system of Congress are organized around party membership.

Political Parties, cont.Political Parties, cont.


Political Parties, cont.Political Parties, cont.

• How have political parties changed the way we interpret the Constitution?

– The Constitution says nothing about the nomination process.

– Political parties use state primaries and national conventions to choose candidates.

– Parties also influence the selection of electors to the electoral college.

– Party membership also influences the President’s decision-making process when choosing political appointees.


CustomsCustoms

• Unwritten customs can be as influential as written laws.

• The President’s Cabinet exists solely as a result of custom rather than any laws.


Customs, cont.Customs, cont.

• Which customs did the 22nd and 25th Amendments establish as laws?

– Ever since George Washington, Presidents had limited themselves to two terms in office.

– After Franklin Roosevelt was elected to four consecutive terms from 1932 to 1944, the two-term limit was made into law by passage of the 22nd Amendment in 1951.

– For years, the Vice President assumed the office of the presidency when the President died.

– But this was not a formal law until ratification of the 25th amendment in 1967.

Chapter 3: The Constitution Section 2- 3. Copyright © Pearson Education, Inc.Slide 2 Chapter 3,...

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