amendments and other means. changes… why? then… small, agricultural 1,300 miles less than 4...
Post on 02-Jan-2016
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Methods of AmendmentMethod 1
Proposed: 2/3rd vote in each house of CongressRatified: 3/4ths vote of each states Legislature
38 must approve today 26 of 27 amendments passed
Methods of AmendmentMethod 2
Proposed: 2/3rd vote in each house of CongressRatified: 3/4ths of State Conventions
(states hold convention, vote taken (either passed or rejected by state), if 3/4ths of State conventions pass = ratified
1 0f 27 21st amendment
Repeal prohibition Why this method? Considered that popularly elected delegates were more
likely to reflect public opinion than state legislatures
Methods of Amendment (never used but available)
Method 3Never UsedProposed: by a National Convention, called by
Congress, at request of 2/3rds of state legislatures
Ratified: 3/4ths State legislatures A National Convention has never been called for
this purpose 33 states have asked (2 times) in last 50 years
One-person, one-vote Balanced Federal Budget
Methods of Amendment(never used but available)
Method 4Amendment proposed by national convention
in 2/3rdsRatified by conventions in 3/4ths Constitution ratified in similar way
Important BackgroundVotes taken at conventions are made by
Representatives chosen by people for that causeThis has never been used
States cannot require an amendment proposed by Congress to be approved by a vote of the people of that state before ratification by the State legislature (Hawke vs. Smith – 1920)
State Legislature can call for advisory vote by people before action (Kimble vs. Swackhamer – 1978)
Restrictions?Cannot propose amendment which deprives
states of equal suffrage in Senate
Reasonable time-limit on ratification process (Dillon vs Gloss – 1921) Not always present or enforced
(example: Amendment 27)
Other means of change…Basic LegislationPresidential ActionsSupreme Court DecisionsPolitical Party ActionsCustom
Other means of change… Basic Legislation
Congress adds flesh and bones to skeletal systemMany things left intentionally vague by framers
and congress decides from time to time Federal courts set up by acts of congress (not
supreme court) Executive branch creation (all by congress except pres
and VP) Presidential Succession only outlined in congress
through President and Vice-President
Other means of change… Presidential Actions
Example: President is the Commander in Chief, needs congress to declare war 100’s of occasions where fighting has occurred
without declarationExecutive agreements
Treaty = agreement between two sovereign nations Executive agreement = agreement between the
heads of two states (foreign states, i.e. U.S. and Mexico) Does not require Congressional approval
Other means of change… Supreme Court Decisions
U.S. Supreme CourtThese decisions about interpretation, etc.
Other means of change… Political Party Actions
National Conventions by parties to nominate candidates (not in Constitution)
Other means of change… Custom
Cabinet made up of 15 executive department heads
When pres dies in office, vp takes over, constitution just says assumes powers not office
Senate approves only presidential appointees who are acceptable to the senator or senators of the pres party from the state involved
2 term presidency (Washington refused to seek 3rd and others followed lead…until FDR22nd amendment - 1951
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