The U.S. Constitution

Changing it!

Changing with the Times

• The amendment process allows the Constitution to adapt to the changing needs of our nation and society– Gone from an agrarian society

of 4 million to a high-tech society of 317 million

– Portions of USC have been added, deleted, or altered as a result of the 27 amendments

The Amendment Process

• Article V of the Constitution describes the amendment process.– Amendments are proposed by:• 2/3 vote of each house of Congress (26/27)• By a national convention called by Congress at

the request of 2/3 of the state legislatures (1/27)–21st Amendment

Amendment Process

• Amendments must be ratified:– ¾ of state legislatures– By conventions of ¾ of the states.

How does the federal amendment process reflect the concept of federalism?

• Amendments are proposed at the national level and ratified at the state level by legislatures or conventions.

• State can reject an amendment and later decide to ratify it.– Can’t change its mind after it votes to ratify it.

• President can’t veto an amendment.

Popular Sovereignty

• Amendment process is based on Popular Sovereignty– People elect reps that vote to propose and ratify

amendments– Supreme Court has ruled that States can’t require

a proposed amendment be approved by popular vote before state legislature can ratify it.

What is the purpose of the Bill of Rights?• They spell out the basic rights and liberties of

all Americans

Proposed Amendments

• Most suggested amendments are never proposed by Congress– Only 33 out of some 15,000 suggested

amendments sent to states

• Six proposed amendments were not ratified by the states– Congress can set a time limit for ratification –

usually seven years.

Proposed but not Ratified

• 1 – set membership of House; 1789• 2. no nobility granted – lose citizenship: 1810• 3. slave amendment :1861• 4. Child Labor Amendment :1924• 5. Equal Rights Amendment – ERA:1972• 6. Washington DC –representation in

Congress.: 1978

The 27 Amendments

• Amendments proposed in response to legal disputes, social conflicts, or perceived constitutional problems

• 1-10 – 1791 – Bill of Rights

27 Amendments

• 11th – 1795 – states are immune from certain lawsuits

• 12th – 1804 – changes in electoral college procedures

• 13th – 1865 – abolition of slavery• 14th – 1868 – citizenship, equal protection,

and due process• 15th – 1870 – gave black men the right to vote

27 Amendments

• 16th – 1913 – Gave Congress the power to collect income tax

• 17th – 1913 – popular election of U.S. Senators• 18th – 1919 - prohibition of Alcohol• 19th – 1920 – women’s suffrage• 20th – 1933 –changes dates for presidential

and congressional terms • 21st – 1933 – repeal of 18th

27 Amendments

• 22nd – 1951 – limit of presidential terms• 23rd – 1961 – District of Columbia allowed to vote

in presidential elections• 24th – 1964 – ban on poll taxes• 25th – 1967 – presidential succession, vice

presidential vacancy – presidential disability• 26th – 1971 – voting age lowered to 18• 27th – 1992 –Congress can’t vote itself a pay

raise.