Upload
jerome-thomas
View
218
Download
0
Tags:
Embed Size (px)
Citation preview
The Amendment Process
Today’s Objective
After today’s lesson, students will be able to… Explain how amendments are added to the
Constitution Define the most essential amendments
Essential skills Demonstrate and understanding of concepts (C5)
The Amendment Process
Our Constitution is also known as the Supreme Law of the Land Supremacy Clause of the Constitution
It is also seen as a flexible or “living document”
What does that mean?
The Amendment Process
Not so easy to render the document meaningless
No so difficult as to make it impossible to adapt
What are Amendments?
Written changes to the Constitution
They keep the Constitution “updated”
There are currently 27 changes to the Constitution First 10 are called:
The Bill of Rights – basic freedoms and rights
The Amendment Process
Step One: Proposal 2/3 vote in both houses of Congress
320 of 535 members
2/3 of the states can ask Congress to call a national convention to propose an amendment
34 of the 50 states
This “option” has never been used
The Amendment Process
Step Two: Ratification After the amendment is proposed it must be
ratified Ratified = Approved 3/4 of the states must approve the amendment
38 of the 50 states
The Amendment Process
Ratification There are two ways to ratify an amendment
State legislatures can ratify 26 of the 27 amendments have been approved this way
State conventions can ratify Only used once
(21st Amendment)
The Amendment Process
Step Three: Repealed An amendment can be repealed Amendments are repealed if citizens do not like
the effects of the amendment Only one amendment has been repealed to date
21st Amendment (Repealed Prohibition)
The Amendment Process
Step 1: Proposal
Step 2: Ratify
Step 3: Repeal (if necessary)
Question to Consider
How is the amendment process an example of federalism?
Division of National Government and States
Informal Amendments
Changes in the government interpretation and/or government practices of the Constitution without changing the language of the Constitution
Informal Amendment Examples
Legislation Left up to the Congress to determine
Federal Agencies
“Elastic Clause” – Power to pass “all laws necessary”
Executive Branch Presidential Actions and Agreements
“Commander in Chief” = Make war without declaring
“Executive Power” = Louisiana Purchase
“Executive Action” =
Supreme Court Judicial Review
Determined by Marbury v. Madison (1803)
Proposed yet not passed
2003 – 2004 Guarantee the right to use the word “God” in the Pledge of
Allegiance and the national motto
Restrict marriage in all states to be between a man and a woman
Remove protections on child pornography
2001 – 2002 Repeal the 8th Amendment (Cruel and Unusual Punishment)
A right to “equal high quality” health care
To allow for any person of age, regardless of birth, who has been a citizen of the U.S. for 20 years or more to be eligible for the presidency
Proposed Amendments (Failed in States)
1926 Congress can limit, regulate, and prohibit child labor of
persons under 18 years of age
1972 Women and men should be seen as equals under the law
1978 Grant citizens of Washington, D.C., the same full
representation in Congress as any state