THE US CONSTITUTION

A “living” document- Why? brief original structure & amendment process (7 articles) (27 Formal

Amendments) Oldest constitution in the world. Changed / interpreted /adapted through

Formal and Informal Amendment methods

Propose Ratify

Change

Congress

2/3

2/3State Leg.

Convention

3/4StateLegislatures

ratify3/4

States

RatificationConvention

FORMAL AMENDMENT PROCESS4 WAYS TO CHANGE THE CONSTITUTION

1.

2.

3. 4.

How many times has the method been used?

1= 262= 13= 04= 0

4 METHODS OF AMENDING

1. 2/3 of each house of Congress propose - Legislatures of ¾ of the States ratify. (used for

26)2. 2/3 of each house of Congress propose- Ratified by Conventions in ¾ of States. (used

once)3. National Convention Proposes- (Called for by ¾ of

Congress or petitions from ¾ of the state legislatures)- Legislatures of ¾ of the States ratify. (never used)4. National Convention Proposes-(Called for by ¾ of Congress or petitions from ¾ State Legislatures.)- Ratified by Conventions in ¾ of States. (never

used)

WHY HASN’T THE NATIONAL CONVENTION METHOD EVER BEEN USED?

Also called- Article 5 Convention Fear of a “run-away” convention…. So Congress proposes instead.

(Ex. The Philadelphia or Constitutional Convention!)

(Ex: balance federal budget, response to Supreme Court rulings re: Flag burning.)

Logistic problems- How many reps per state? Where would it be held? Process not defined.

FORMAL AMENDMENT PROCESS

1. Reflects Federalism: -Propose at National level -Ratify at State level

2. Structure to propose or ratify= Legislature or Convention.

3. Requires less to propose (2/3) than to ratify (3/4).

4. Reflects “Popular Sovereignty” People have a direct voice (Conventions) or through elected officials

(Congress / State Legislatures)

FORMAL AMENDMENT PROCESS

5. Incorporates Separation of Power- National Govt = Power to propose State Govts = Power to ratify

6. Incorporates Checks & Balances- - Natl Govt proposes- States ratify - -Natl govt proposes or State Legislatures can force

Congress to call a convention.

- 7. What is the only item that CANNOT be changed with a formal amendment?

- Equal representation of the states in the Senate

27 FORMAL AMENDMENTS

THE 27 CONSTITUTIONAL AMENDMENTS

A. Basic Liberties - The Bill of Rights #1-3 = Freedoms of expression, protection and privacy. # 4-8 = Rights of the accused, on trial &

conviction #9 = un-enumerated (not listed)rights #10 = Reserved Powers Clause (State’s

Rights)

OOOPS!!! PROBLEMS WITH THE SYSTEM

#11 – States cannot be sued in Federal Court. (Protects Federalism) #12- Separated votes for President & Vice-

president in the electoral college. (Election of 1800 – Jefferson & Burr tied)(Took 36 ballots in House to elect Jefferson)

CIVIL WAR AMENDMENTS

#13 Abolishment of Slavery#14 Due Process & Equal Protection under

Federal and State Law / Action#15 Cannot deny right to vote based on race. (Intention= give former slaves the right to

vote)

20TH CENTURY AMENDMENTSISSUES: SOCIAL, SUFFRAGE, PRESIDENTIAL

Social issues:#16 – Made income tax legal#17 – Direct Election of Senators#18 – Prohibition #21 – Repeal of Prohibition

SUFFRAGE= VOTING RIGHTS

15th – Race-Voting rights for former slaves 19th – Gender – Women’s right to vote 23rd – Residents of the District of Columbia 24th – No Poll Taxes 26th – Age- 18 year olds+

PRESIDENTIAL AMENDMENTS

#20 – Moved Presidential inauguration from March to January 20th

(shortened “lame duck” period of the president)

#22 - Presidents are limited to 2 terms, or 10 years. #25 – Defined the order & process of

presidential succession & disability.

27TH AMENDMENT

#27 = Congressional pay raise cannot go into effect until a new term begins.

One of the first proposed, last one to be ratified!-Proposed in the first session of Congress by

James Madison.-No deadline set, so once the 38th state

(Illinois) ratified in 1992 it was certified.

WHICH AMENDMENTS……

1. …add or Subtract from the power of the national government?

2. …limit the power of the state governments?3. …expand the right to vote?4. …change an area of the government

structure ?

HOW WAS JUDICIAL REVIEW ESTABLISHED?

“midnight justice” –a justice of the peace, appointed by John Adams, literally on the eve of his last night as president.

Requested a “writ of mandamus” from the Supreme Court.

-Judiciary Act of 1789 -Section 13 of this act

also gave the Supreme Court original jurisdiction to hear such suits.

Jefferson’s Secretary of State.

Jefferson ordered Madison not to deliver the commission, because he was angry with the Federalists’ “court packing scheme”

2 years later…Chief justice John Marshall denied the writ and declared the Judiciary Act of 1789 unconstitutional.

WHY????

Marbury v. Madison 1803