Chapter Three, Section FourChapter Three, Section Four

““Amending the Constitution & Amending the Constitution & Interpretation of the Constitution”Interpretation of the Constitution”

Amending the ConstitutionAmending the Constitution

Amending the ConstitutionAmending the Constitution 1791, the first

“amendments”, changes were added to the Constitution.

The first 10 Amendments are called the “Bill of Rights”.

Thousands have been suggested, but only 27 have been made!

Amending the ConstitutionAmending the Constitution

All amendments must begin by being “proposed”

To propose an amendment, it requires either a (1) vote of 2/3 of both houses of Congress OR (2) national convention called for by 2/3 of state legislatures.

Most amendments begin with (1)…

Amending the ConstitutionAmending the Constitution

All amendments must end by being “ratified”To ratify an amendment, it requires either a

(1) ¾ of state legislatures approval OR (2) ¾ of state Ratifying Conventions.

Only Amendment 21 ratified by option (2)…

Interpreting the ConstitutionInterpreting the Constitution Because our Framers wrote

the Constitution with the intention of it being a “living document” that stood the test of time – some parts were left intentionally vague and left to interpretation.– Congress (L) – President (E)– Courts (J)

Interpreting the ConstitutionInterpreting the Constitution The “Necessary and Proper Clause”

(aka the “Elastic Clause”) -states Congress has the power to make all Laws which shall be “necessary and proper” – gives them the ability to “sssstttrrreeettccchhh” (elastic) their powers if needed

Article I, Section 8, Clause 8 These are called implied powers –

which are powers that are not specifically listed in the Constitution. (Military Example – Can raise an Army/Navy; Implied Air Force)

Interpreting the ConstitutionInterpreting the ConstitutionThe Constitution also give

Congress the power to impeach, or officially accuse a public official of misconduct.– We have had two

Presidential Impeachments in our history:

Andrew Johnson (17th President) Bill Clinton (41st President)

Interpreting the ConstitutionInterpreting the Constitution President’s have interpreted the

Constitution over time, as well.– George Washington used his powers of

interpretation in order to be able to add his Cabinet to the Executive Branch.

– The Cabinet is a group of advisors to the President that offer guidance on key issues (homeland security, education, defense, etc.)

– There is nothing actually written in the Constitution about the Cabinet but they remain a significant part of the Executive Branch.

Interpreting the ConstitutionInterpreting the Constitution Supreme Court decisions

also have a major impact.

They have final authority on “interpreting” the Constitution.

These have differed over time depending on the make up of the Court.

Interpreting the ConstitutionInterpreting the Constitution All Supreme Court

decisions are final.– If the Supreme Court rules

a law as unconstitutional, the law dies.

– If the Supreme Court upholds (agrees) a law, it remains.

Interpreting the ConstitutionInterpreting the ConstitutionAlthough not in the

Constitution, the creation of political parties has also changed the way we look at this document.

All three branches can interpret the document differently.