THE AMENDMENT THE AMENDMENT PROCESSPROCESS

The US Constitution IS and IS The US Constitution IS and IS NOT the same document NOT the same document written in 1787.written in 1787.

Some Words have been Some Words have been eliminated, some have been eliminated, some have been added.added.

Keys to help Keys to help

To amend means to change To amend means to change To propose means to suggestTo propose means to suggestTo ratify means to approve or passTo ratify means to approve or pass2/3 will always apply to the federal Gov't2/3 will always apply to the federal Gov't¾ will always apply to the states¾ will always apply to the statesFederal Gov't will always proposeFederal Gov't will always proposeStates will always ratifyStates will always ratify

By having the federal government propose and the By having the federal government propose and the states ratify, what basic principle of the constitution is states ratify, what basic principle of the constitution is at work?at work?

FORMAL AMENDMENT FORMAL AMENDMENT PROCESS PROCESS

Process explained in Article V of the Process explained in Article V of the ConstitutionConstitution

Two Methods of RatificationTwo Methods of Ratification

First-- Proposed by 2/3 of First-- Proposed by 2/3 of Congress/Ratified by ¾ of State Congress/Ratified by ¾ of State LegislaturesLegislatures 26 of 27 Amendments adopted 26 of 27 Amendments adopted

this waythis way

Second—Proposed by 2/3 of Second—Proposed by 2/3 of Congress/Ratified by ¾ of Congress/Ratified by ¾ of special State Conventionsspecial State Conventions 21st Amendment adopted 21st Amendment adopted

this way (Repealing this way (Repealing Prohibition)Prohibition)

PROPOSED AMENDMENTS PROPOSED AMENDMENTS

Congress does not present a Congress does not present a proposed amendment to the proposed amendment to the president for his signature or president for his signature or veto. veto.

Proposed Amendments ContinuedProposed Amendments Continued

States can change their minds if States can change their minds if they first reject an amendment they first reject an amendment (not the opposite)(not the opposite)33 Made it to the states33 Made it to the states10,000 Amendments proposed in 10,000 Amendments proposed in Congress.Congress.Only 27 finally ratifiedOnly 27 finally ratifiedCongress can set deadlines for Congress can set deadlines for the ratification time allowedthe ratification time allowed

CONSTITUTIONAL BREAKDOWNCONSTITUTIONAL BREAKDOWN

Preamble: States the purposePreamble: States the purpose

Article IArticle I: Legislative Power – Congress: Legislative Power – CongressElastic Clause, Also known Elastic Clause, Also known

as ?as ?Free Exercise ClauseFree Exercise ClauseEstablishment ClauseEstablishment Clause

Article IIArticle II: Executive Power - President: Executive Power - PresidentArticle IIIArticle III: Judicial Power – Courts: Judicial Power – CourtsArticle IVArticle IV: Relations between the states: Relations between the statesArticle VArticle V: The Amendment Process: The Amendment Process

CONSTITUTIONAL BREAKDOWNCONSTITUTIONAL BREAKDOWN

Article VIArticle VI: General Provisions, : General Provisions, Supremacy of the ConstitutionSupremacy of the Constitution

Article VIIArticle VII: Ratification Process: Ratification Process

Bill of RightsBill of Rights: First 10 : First 10 Amendments in ConstitutionAmendments in Constitution

SUPREMACY CLAUSESUPREMACY CLAUSE

Article VI, Section 2Article VI, Section 2

If ever the state government and If ever the state government and federal government conflict on an federal government conflict on an issue, the federal government reigns issue, the federal government reigns supremesupreme

The Constitution is the highest form of The Constitution is the highest form of law in the American legal system. law in the American legal system.

As a refresher…As a refresher…

How many methods of Ratification are How many methods of Ratification are there?there?What percentage is needed for an What percentage is needed for an amendment to be proposed?amendment to be proposed?What percentage is needed for What percentage is needed for ratification?ratification?How many amendments do we currently How many amendments do we currently have today?have today?How many are in usage today?How many are in usage today?

HOMEWORKHOMEWORKLearning about the amendments helps you Learning about the amendments helps you understand your freedom's. understand your freedom's.

Your homework tonight is to think about the Your homework tonight is to think about the amendments we have learned about and amendments we have learned about and describe by writing an amendment that you describe by writing an amendment that you would add to the Constitution. would add to the Constitution.

What do you think is missing in this great What do you think is missing in this great country?country?

What impact would the Amendment have on What impact would the Amendment have on society and our lives?society and our lives?

Please be school appropriate Please be school appropriate