Objectives:• Identify the four different ways by which the

Constitution may be formally changed.• Explain how the formal amendment process

illustrates the principles of federalism and popular sovereignty.

• Outline the 27 amendments that have been added to the Constitution.

Why It Matters:• The Framers of the Constitution realized

that, inevitably, changes would have to be made in the document they wrote. Article V provides for the process of formal amendment. To this point, 27 amendments have been added to the Constitution.

Formal Amendment Process• Article V

Proposal by 2/3 of each house of Congress to be ratified by 3/4 of states (38). This method has been used 26 out of 27 amendments

Proposal by 2/3 of each house and a call for conventions in the states. Then approved by 3/4 of states (38). Only used once on the 21st amendment in 1933.

Call from 2/3 of state legislatures (34) for a national convention to consider amendment. It must then be ratified by 3/4 of states (38). Never used.

An amendment may be proposed by a national convention and then ratified in 3/4 of state conventions (38). Never used.

Formal Amendment Process (cont.)• Federalism and Popular Sovereignty

Approval process reinforces federalism and indirectly sovereignty.

Sometimes criticized as being representative and not direct.

The state legislature must act first.

Formal Amendment Process (cont.)• Proposed Amendments

No state may be deprived of its representation in the Senate.

The President is NOT involved—does not sign. If rejected by a state it may later be

reconsidered, once approved, however, it is final. 10,000 amendment proposals have been submitted.

Only 33 have been sent to the states and only 27 ratified.

Formal Amendment Process (cont.)• Proposed Amendments (cont.)

10,000 amendment proposals have been submitted. Only 33 have been sent to the states and only 27 ratified.

Six failed: One proposed in 1789 with the Bill of Rights died. One offered in 1789 became the 27th (Congressional

Compensation). 1810-foreign titles void citizenship. 1861-no slavery amendments. 1924 an act to regulate child labor. 1972 Equal Rights Amendment by 1984 fell short. 1978 representation for the District of Columbia A 7 year time limit for enactment started in 1917 (ERA in

1979 was given a 3 year extension).

The 27 Amendments• The Bill of Rights

Proposed in 1789—ratified by 1791.• The Later Amendments

The 12th corrected a electoral college problem after the election of 1800.

The 13th abolished slavery in 1865, the 14th granted citizenship to blacks in 1868, and in 1870 the 15th granted the right to vote to blacks.

The 27 Amendments (cont.)• The Later Amendments (cont.)

The 18th in 1919 prohibited alcohol and was repealed by the 21st in 1933..

The 19th in 1920 granted women the vote. The 22nd in 1951 limited the presidency to two terms. The 25th in 1967 deals with presidential succession. The 26th in 1971 granted the vote to all over 18. The 27th in 1992 prohibits congressional raises during

the “current” term.

The United States Constitution has endured for more than two centuries as the framework of government. However the meaning of the constitution has been changed by both formal and informal methods.• Identify two formal methods for adding amendments to

the Constitution• Describe two informal methods that have been used to

change the meaning of the constitution. Provide one specific example for each method you described.

• Explain why informal methods are used more often than formal amendment methods

Objectives:• Identify how basic legislation has changed

the Constitution over time.• Describe the ways in which the Constitution

has been altered by executive and judicial actions.

• Analyze the role of party practices and custom in shaping the Constitution.

Why It Matters:• The 27 formal amendments to the

Constitution have not been a major part of the process by which that document has kept pace with more than 200 years of far-reaching change in this country. Rather, constitutional change has more often occurred as a result of the day-to-day, year-to-year workings of government.

List and define four ways the Constitution changes informally

Provide an example of each

Basic Legislation• Expanded into the detail• Tens of thousands of “laws”

Presidential (executive) Action• Commander in Chief• Executive Agreement—used frequently now• Treaty—cumbersome process

Court Decisions• Marbury v. Madison in 1803 (Judicial

Review)• A “constitutional convention in continuous

session” Party Practices

• Not in the beginning—Washington warned against.

• Party Conventions• Electoral College

Custom• Unwritten• Cabinet• Vice President role developed• Senatorial courtesy—a nominee must be

acceptable in home state.• No third-term for 150 years