Informal Amendment Process

Informal Amendment Process PowerPoint PPT Presentation

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Informal Amendment Process. Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word.. Chapter 3, Section 3. . . . 2. . 1. . III. Informal AmendmentKey point in understanding the Const. and the pr

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Informal Amendment Process

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1. Informal Amendment Process Chapter 3 section 3

2. Informal Amendment Process Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its written word.

3. III. Informal Amendment Key point in understanding the Const. and the process of constitutional change is that there is much in the const. that cannot be seen by the naked eye. A. Basic Legislation 1.Congress can pass laws that spell out some of the Const. brief provisions. 2. Congress can pass laws defining and interpreting the meaning of const. provisions.

4. B. Executive Action 1. Presidents have used their powers to delineate unclear const. provisions (ex: difference between Congress’s power to declare war and the Pres. power to wage war). 2. Pres. Have extended their authority over foreign policy by making informal executive agreements w/ representatives of foreign governments, avoiding the constitutional requirement for the Senate to approve formal treaties.

5. C. Court Decisions (Constitutional Interpretation) 1. The nation’s courts interpret and apply the Const. as they see fit, as in Marbury v. Madison. 2. The Supreme Court has been called “a constitutional convention in continuous session.”

6. D. Party Practices 1. Political parties have been a major source of informal amendment. 2. Political parties have shaped government and its processes by holding political conventions, organizing Congress along party lines, and injecting party politics in the process of presidential appointments.

7. E. Custom 1. Each branch of government has developed traditions that fall outside the provisions of the Constitution. 2. Examples: Succession - powers and duties of the Pres. granted to the vice president, not the office itself (25th Amendment – 1967) No third-term tradition – 1796, Washington refused a third term – FDR broke the tradition 1940 &1944 (22nd Amendment – 1951) *informal amendment became a formal amendment.

8. Amendments 1. Freedom of religion, speech, press, assembly, and petition 2. Freedom to bear arms 3. Don’t need to quarter troops 4. Restricts search and seizure with probable cause, discuss warrants 5. Double jeopardy, don’t have to self incriminate 6. Right to a speedy trial 7. Right to a trial by jury 8. Prevents excessive bail and cruel and unusual punishment 9. Power is reserved for the people

9. Amendments Continued 10. Powers given to the states 11. Suits against states 12. President/VP- President and the VP must run on the same ticket 13. Ended slavery 14. Defines rights of citizens, due process, privileges and immunities 15. Gives African-Americans the right to vote 16. Allows the government to collect income taxes 17. U.S. Senators will be elected by popular vote, not be state legislatures 18. Prohibition

10. Amendments Continued Again 19. Gives women the right to vote 20. “Lame Duck” 21. Repeals prohibition 22. President has a two term limit 23. Includes the voters of the District of Columbia in the presidential electorate 24. No more poll taxes 25. Create the order of Presidential succession, VP vacancy, presidential inability 26. Can vote if 18 27. Congressional pay raises, won’t take effect until an election of Representatives has taken place

11. Questions What is an informal amendment? What are three of the informal methods of amending the Constitution? Which one is the most effective and which one is used the most? Why?

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