the constitutional amendment process
DESCRIPTION
TRANSCRIPT
AmendmentsAllowed by Article VThe Constitution proposes two methods for
proposal and two methods for ratificationThis makes four total methods for formally
amending the Constitution
First MethodProposed by 2/3 vote in each house of
CongressRatified by ¾ of the states (38)26 of the 27 Amendments were made this
way
Second MethodProposed by CongressRatified by state conventionsOnly the 21st Amendment was made this
way
Third MethodProposed by a national convention called
by Congress requested by 2/3 (34) of the states
Ratified by ¾ of the states (38)
Fourth MethodProposed by National ConventionsRatified by State Convention in ¾ (38) of
the states
Fourth MethodSecond MethodState Conventions
Third MethodFirst Method¾ of the States
National Convention
2/3 Vote in Each House of Congress
Proposal
Ratification
Informal Amendments
•A change in the meaning of the Constitution without changing the actual wording
•The majority of Constitutional changes happen this way
Basic Legislation
1)Congress passes laws that add details and meanings to the Constitution
Example: The departments and agencies of the Executive branch are not spelled out in the Constitution, they were created by Congress
2) Congress passes statutes that define how it uses its powers
Example: Congress has passed hundreds of commerce laws because the Constitution says that they are to regulate commerce
Executive Action
•The manner in which the Presidents use their power to set precedent
Example: The President cannot declare war, but he is Commander in Chief of the military. In the past, Presidents have made war using their power as Commander in Chief. This has
happened on more than 200 occasions.
Executive Action
Executive Agreement:
•a pact made between the President and the head of a foreign state
•Legally binding as treaties between two countries
•Sidesteps the need to get Congressional approval
Court Decisions
•The courts interpret and apply the Constitution
•The Supreme Court decision sets a precedent – all other courts in the future must abide by their decision
The Supreme Court is, “a constitutional convention in continuous session.”
– Woodrow Wilson
Party Practices
•The Constitution makes no mention of political parties
•The process of nominating candidates and organizing Congress into separate party groups are informal amendments