Ch 3

Amending the Constitution

Formal Amendment Process

• There are four ways to amend

the Constitution

• Amend means to revise, modify

or change

• The chart on page 93 in your

book describes each process

Formal Amendment

Process One

• An amendment is proposed by 2/3 vote

in each house of Congress

• Senate and House of Representatives

• Ratified by ¾ vote of the state legislatures

• Each state’s representatives and senators

• This means 38 state legislatures must approve an

amendment for it to become part of the Constitution.

• 26 of the 27 Amendments have been

adopted in this manner

Formal Amendment

Process Two

• An amendment is proposed by 2/3 vote

in each house of Congress

• Senate and House of Representatives

• Ratified by conventions in 3/4 of the

states.

• Only the 21st

amendment was ratified

in this way

• Congress felt popularly elected delegates

would vote based on public opinion

regarding the nationwide repeal of

Prohibition

Formal Amendment

Process Three

• Amendment may be proposed by a

national convention

• called by Congress by a request of 2/3

vote of the state legislatures

• 34 state legislatures

• Ratified by ¾ vote of the state

legislatures.

• Congress has never called such a

Convention

Formal Amendment

Process Four

• Amendment may be proposed by a

national convention

• called by Congress by a request of 2/3

vote of the state legislatures

• 34 state legislatures

• Ratified by conventions in 3/4 of the

states.

• The Constitution was adopted this way

• Can anyone recall how many of the 13 states

were needed to ratify the Constitution?

Definitions to Remember

• Federalism- division of power among a

central government and several regional

governments

• Unconstitutional- to declare null, illegal or

void– a government action found to violate

some provision in the Constitution

• Judicial review- power of courts to

determine whether or not government is in

accordance with what the Constitution

provides

• Constitutionalism- government must be

conducted according to Constitutional

principles

Three Federal Powers

• All central government powers are delegated (granted)

in the Constitution

• Expressed Powers – Powers spelled out in exact

words in the Constitution

• Also called Enumerated Powers

• Implied Powers – Not expressly stated but suggested

• Article 1 Section 8 the “Necessary and Proper Clause

• Inherent Powers – Power belongs to the central

government because it is national government of a

sovereign state

• Powers that have come over time: immigration rules,

diplomatic recognition, protection against rebellion

Informal Amendments

There are five basic ways that the Constitution can

be changed informally :

• 1) Passage of basic legislation through Congress

• 2) Executive actions taken by the President

• 3) Key decisions by the Supreme Court

• 4) Activities of political parties

• 5) Custom

1. Basic Legislation

• Congress passes laws to

strengthen brief provisions of the

Constitution

• Created all of the system of courts

not specifically designed in the

Constitution

• Created the offices of the executive

branch and governmental agencies

• Created regulations for commerce

2. Executive Action

• Using the military in the role of

commander in chief without

Congress declaring war

• Creating agreements with

foreign leaders

3. Supreme Court Decisions

• The Supreme Court interprets

and applies the Constitution to

cases they hear under the

power of judicial review

• Court rulings become binding

and create amendments

4. Major Political Parties

• Political parties endorse

Presidential candidates

• Presidential appointments can

reward party leaders

• Political parties endorse

Senators and Representatives

• Elected officials can use influence

to further party goals when

creating laws

5. Custom

• The heads of the 15 executive departments

make up the President’s Cabinet

• The office of President (not just the duties)

transfer to the Vice-President upon death

• Senate approval of Presidential appointments

(federal judges, US marshals) are given to

candidates of the President’s party

• Presidents only serve two terms

• George Washington did not serve a third term so by

custom no other President did until Franklin

Roosevelt

• 1940 third term, 1944 fourth term