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Ch 3
Amending the Constitution
Formal Amendment Process
• There are four ways to amend
the Constitution
• Amend means to revise, modify
or change
• The chart on page 93 in your
book describes each process
Formal Amendment
Process One
• An amendment is proposed by 2/3 vote
in each house of Congress
• Senate and House of Representatives
• Ratified by ¾ vote of the state legislatures
• Each state’s representatives and senators
• This means 38 state legislatures must approve an
amendment for it to become part of the Constitution.
• 26 of the 27 Amendments have been
adopted in this manner
Formal Amendment
Process Two
• An amendment is proposed by 2/3 vote
in each house of Congress
• Senate and House of Representatives
• Ratified by conventions in 3/4 of the
states.
• Only the 21st
amendment was ratified
in this way
• Congress felt popularly elected delegates
would vote based on public opinion
regarding the nationwide repeal of
Prohibition
Formal Amendment
Process Three
• Amendment may be proposed by a
national convention
• called by Congress by a request of 2/3
vote of the state legislatures
• 34 state legislatures
• Ratified by ¾ vote of the state
legislatures.
• Congress has never called such a
Convention
Formal Amendment
Process Four
• Amendment may be proposed by a
national convention
• called by Congress by a request of 2/3
vote of the state legislatures
• 34 state legislatures
• Ratified by conventions in 3/4 of the
states.
• The Constitution was adopted this way
• Can anyone recall how many of the 13 states
were needed to ratify the Constitution?
Definitions to Remember
• Federalism- division of power among a
central government and several regional
governments
• Unconstitutional- to declare null, illegal or
void– a government action found to violate
some provision in the Constitution
• Judicial review- power of courts to
determine whether or not government is in
accordance with what the Constitution
provides
• Constitutionalism- government must be
conducted according to Constitutional
principles
Three Federal Powers
• All central government powers are delegated (granted)
in the Constitution
• Expressed Powers – Powers spelled out in exact
words in the Constitution
• Also called Enumerated Powers
• Implied Powers – Not expressly stated but suggested
• Article 1 Section 8 the “Necessary and Proper Clause
• Inherent Powers – Power belongs to the central
government because it is national government of a
sovereign state
• Powers that have come over time: immigration rules,
diplomatic recognition, protection against rebellion
Informal Amendments
There are five basic ways that the Constitution can
be changed informally :
• 1) Passage of basic legislation through Congress
• 2) Executive actions taken by the President
• 3) Key decisions by the Supreme Court
• 4) Activities of political parties
• 5) Custom
1. Basic Legislation
• Congress passes laws to
strengthen brief provisions of the
Constitution
• Created all of the system of courts
not specifically designed in the
Constitution
• Created the offices of the executive
branch and governmental agencies
• Created regulations for commerce
2. Executive Action
• Using the military in the role of
commander in chief without
Congress declaring war
• Creating agreements with
foreign leaders
3. Supreme Court Decisions
• The Supreme Court interprets
and applies the Constitution to
cases they hear under the
power of judicial review
• Court rulings become binding
and create amendments
4. Major Political Parties
• Political parties endorse
Presidential candidates
• Presidential appointments can
reward party leaders
• Political parties endorse
Senators and Representatives
• Elected officials can use influence
to further party goals when
creating laws
5. Custom
• The heads of the 15 executive departments
make up the President’s Cabinet
• The office of President (not just the duties)
transfer to the Vice-President upon death
• Senate approval of Presidential appointments
(federal judges, US marshals) are given to
candidates of the President’s party
• Presidents only serve two terms
• George Washington did not serve a third term so by
custom no other President did until Franklin
Roosevelt
• 1940 third term, 1944 fourth term