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Amending the Constitution

Amending the Constitution. Chapter 3 Section 3. Amendment Process. Founders created a Constitution that could be adapted Amendments may be proposed and ratified in two ways. Proposing Amendments. 2/3 vote in House and Senate 2/3 of states ask Congress to call a convention

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Amending the Constitution

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  1. Amending the Constitution Chapter 3 Section 3

  2. Amendment Process • Founders created a Constitution that could be adapted • Amendments may be proposed and ratified in two ways

  3. Proposing Amendments • 2/3 vote in House and Senate • 2/3 of states ask Congress to call a convention • Only happened twice – 1963 states petitioned or appealed for a convention • Once was to propose a balanced budget amendment

  4. Question • In the 1970s President Carter warned a convention for a balanced budget might be “completely uncontrollable”. Think about our current political landscape, why would the President caution this?

  5. Ratifying Amendments • Two methods for state approval • ¾ of state legislatures can ratify amendment • States hold conventions and ¾ of those approve

  6. Who Sets the Rules? • Congress sets rules on amendment ratification • Rules include time limits on ratification

  7. Question • With a partner, discuss a set of rules you would use for the ratification of an amendment. Create at least 3 rules.

  8. Indirect Ways the Constitution Changes • Through law • Used powers granted in the Constitution • Through practice • How branches use their power • Example – House may impeach or accuse federal officials of crimes but the Senate conducts the trial

  9. Break • Article II of the Constitution states that an official can be removed from office if he or she is convicted of “treason, bribery, or other high Crimes and Misdemeanors”. Briefly describe behaviors you would believe to be impeachable and explain why you chose them.

  10. Presidential Changes • Who takes over when a President dies in office? • Vice President. Happened first in 1841, not official until 1967 • Presidents conduct foreign affairs by executive agreement, not the treaty process • How do executive agreements and treaties differ?

  11. Court Decisions • What is judicial review? • Process in which the courts review laws and appointments • What is judicial restraint and judicial activism? • Restraint – avoid taking the point on social and political issues • Activism – takes the point on social and political issues

  12. Question • Think of your prior knowledge of US History, give examples you believe illustrate judicial activism and explain why you chose it.

  13. Change Through Custom and Use • Constitution has changed informally over time • Created to respond to the changes of the time

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