The Constitutional Amendment Process

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Transcript of The Constitutional Amendment Process

AmendmentsAllowed by Article VThe Constitution proposes two methods for

proposal and two methods for ratificationThis makes four total methods for formally

amending the Constitution

First MethodProposed by 2/3 vote in each house of

CongressRatified by ¾ of the states (38)26 of the 27 Amendments were made this

way

Second MethodProposed by CongressRatified by state conventionsOnly the 21st Amendment was made this

way

Third MethodProposed by a national convention called

by Congress requested by 2/3 (34) of the states

Ratified by ¾ of the states (38)

Fourth MethodProposed by National ConventionsRatified by State Convention in ¾ (38) of

the states

Fourth MethodSecond MethodState Conventions

Third MethodFirst Method¾ of the States

National Convention

2/3 Vote in Each House of Congress

Proposal

Ratification

Informal Amendments

•A change in the meaning of the Constitution without changing the actual wording

•The majority of Constitutional changes happen this way

Basic Legislation

1)Congress passes laws that add details and meanings to the Constitution

Example: The departments and agencies of the Executive branch are not spelled out in the Constitution, they were created by Congress

2) Congress passes statutes that define how it uses its powers

Example: Congress has passed hundreds of commerce laws because the Constitution says that they are to regulate commerce

Executive Action

•The manner in which the Presidents use their power to set precedent

Example: The President cannot declare war, but he is Commander in Chief of the military. In the past, Presidents have made war using their power as Commander in Chief. This has

happened on more than 200 occasions.

Executive Action

Executive Agreement:

•a pact made between the President and the head of a foreign state

•Legally binding as treaties between two countries

•Sidesteps the need to get Congressional approval

Court Decisions

•The courts interpret and apply the Constitution

•The Supreme Court decision sets a precedent – all other courts in the future must abide by their decision

The Supreme Court is, “a constitutional convention in continuous session.”

– Woodrow Wilson

Party Practices

•The Constitution makes no mention of political parties

•The process of nominating candidates and organizing Congress into separate party groups are informal amendments