The Formal and Informal Amendment Process

Chapter 2 Constitution

Formal Amendments

4 methods All similar27 formal amendments over the last 226 years

Methods

1st method26 of 27 happened this wayProposed in congress by a 2/3s vote in both housesRatified by ¾ of the the state legislatures

Cont.

2nd Method21st amendment was done this wayProposed in congress by a 2/3s vote in both housesRatified by conventions held in ¾ of the states

Cont.

3rd methodProposed at a National Convention called by congress when requested by 2/3rds of the state legislaturesRatified by ¾ of the the state legislatures

Cont.

4th MethodProposed at a National Convention called by congress when requested by 2/3rds of the state legislaturesRatified by conventions held in ¾ of the states

Why?

Maintain the Federal character of the government Proposals start at the national level and

ratification is in the states. Federalism

Will of the people The president does not sign an amendment This is not lawmaking – it is bigger – we are

changing our philosophy about something.

Why the State Legislature?

States legislatures can ask the people in an advisory vote. States can change their mind if they disapprove the first time

The Amendments

10,000 proposed33 to the states27 approved

Notable Amendments

1-10 Bill of Rights12 – Choosing the President, VP13,14,15 – Civil War Amendments16 – Income Tax17 – Senators – Popular Vote18 – 21 Prohibition – Repeal19 – Women’s Suffrage22 – Presidential Term Limits25 – Presidential Disability and Succession26 – Voting Age set at 18 yrs

The Informal Amendment Process

The process by which many changes have been made in the Constitution that have not led to changes in the document’s written words.Five ways Passing basic legislation Actions of the President Decisions made by the Supreme Court Activities of Political Parties Custom

Basic Legislation

Constitution is a basic skeletonCongress has added the flesh (laws) that define the meanings in the ConstitutionCreation of the Executive Branch and Judicial System

Executive Action

A presidents different interpretation of the Constitution and how he acts on that interpretation can create an informal amendment. Executive order 9066 – Japanese Internment Executive order 9981 – integration of the

Armed Forces

Use of the armed forcesExecutive Agreement – Foreign Treaties – Kyoto Protocol.

Court Decisions

The Supreme Court and lower courts can make decisions that either declare the unconstitutionality of something or create a legal precedent the can be followed thus modifying the constitution.Brown v. Board of Education

Political Parties

The Constitution makes no mention of themThe Founders warned against themThey have come to dominate our political and governing processesCandidates are nominatedElectoral CollegeThe Legislative and Executive Branches are organized around them.

Custom

Unwritten customs can be as strong as written lawsPresidential CabinetVice Presidential succession (25th in 1967)No third term for President (22nd in 1951)