Amending the Constitution“We must never forget that it is…a Constitution

intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.”

The Amendment Process

The framers knew that whatever they came up with would have to be able to adapt to the unknown future-Their answer: Amendments

Amendments may be proposed and ratified in two ways

Proposing Amendments

One method is by 2/3s vote in the House and the Senate-the only method ever used Examples: Amendment to lower income taxes

is still being discussed

State Conventions The other way to propose an amendment is

to have two-thirds of the states ask Congress to call a convention

Page 77 examine the diagram for Amending the Constitution

Ratifying Amendments

When an amendment is proposed, Congress chooses one of two methods for obtaining state approval 1. The legislatures in ¾ of the states ratify the

amendment

2. States hold special conventions and ¾ of the conventions ratify

Congress sets the rules

Congress sets a number of rules that apply to the ratification process

1. States have a time limit: Current Limit 7 years

Informal Presidential changes to the

Constitution

Presidential Succession

In 1841 William Henry Harrison became the first President to die in office.

When he died John Tyler assumed the powers of the President

But did he merely act as president until the next election?

However, Tyler took the Presidential Oath and some officials opposed Tyler’s interpretation of the Constitution but no one successfully challenged him.

Not until 1967 when the 25th Amendment clarified this issue did the issue become clarified

Foreign and Domestic Affairs

Modern Presidents often conduct foreign affairs by executive agreement, instead of the treaty process specified in the Constitution.

What is the difference?

What the Founders envisioned.

The Executive Branch would be mostly concerned about carrying out laws initiated by Congress

Yet, in this modern century, Presidents have been aggressive in requesting legislation from Congress

Thus, the President plays a far bigger role than the founders ever imagined

Court Decisions When federal courts settle cases, they are

usually interpreting the meaning of words and phrases in the Constitution that may not be very precise.

The Supreme Court plays the key role in this process

Judicial Review So how does the Supreme Course interpret

the Constitution?

The process is called Judicial Review

Two ways in which judges can use Judicial Review -Judicial Restraint and Judicial Activism

Judicial Restraint Judges should avoid taking the initiative on

social and political issues

They should uphold acts of Congress unless the act clearly violates a specific constitutional provision

Policy making should be left to others

Judicial Activism The court should actively help settle the

difficult and social and political questions of the day.

Earl Warren (1953-1969) his court decided many controversial cases involving the civil rights of minorities

Liberal or Conservative?

Can court rulings be changed?

They can- for example in 1896 the court ruled that Separate But Equal facilities were Constitutional as long as those facilities were equal

More than a half century in 1954 the court reversed its position when it decided that “separate educational facilities were inherently unequal”

Other ways it can be changed

Political parties are a good example The constitution does not mention political

parties

But they play an important role in elections and shape how Congress conducts its business

The Bill Of Rights Protected individual rights by limiting

government powers

These were added after the Constitution was created and adopted

The Incorporation Doctrine

1st Amendment: The Big One

Protects the right of Americans to worship as they please. Which means they can choose not to worship

Freedom of Religion and Separation of Church and State

It also protects the freedom of speech and freedom of the press

It also protects the the expression of ideas in newspapers, books, radio, and television.

That has expanded to include movies and the Internet

Prior Restraint

Not unlimited: Laws exist that prohibit slander and libel

2nd Amendment The right to bear arms

Is this prevalent today?

One of the few amendments that has not been incorporated into state law

3rd Amendment Prohibits the government from forcing people

to provide shelter for soldiers

Could change in times of war.

4th Amendment Limits the government’s power to conduct

searches and seizures by protecting the rights to privacy.

Authorities must have a specific reason for search and seizure

Key terms: Probable Cause, Search Warrant, Arrest Warrant

5th Amendment 1. You cannot be tried for a crime unless a

grand jury has decided there is enough evidence to justify a trial

2. A person found innocent cannot be tried again for the same offense

3. No one may be forced to testify against himself or herself

4. No one can be deprived of life, liberty, or property without due process of the law.

6th Amendment Grants an accused person several important

rights

1. The right to a speedy and impartial trial by jury This will prevent the government from putting

in jail a majority of its critics.

However, you could request a trial by a single judge if you request it

7th Amendment Right to a trial in federal court to settle all

disputes about property worth more than 20 dollars

8th Amendment: Prohibits Excessive Bail Prohibits making someone pay an excessive

fine for a crime Bans Cruel and Unusual Punishment

9th Amendment All other rights not spelled out in the

Constitution are “retained by the people”

Why did they do this?

10th Amendment “Powers not delegated to the United States…

nor prohibited to the states, are reserved to the states respectively or to the people”