Ch 3 Amending the Constitution

Formal Amendment Process

• There are four ways to amend the Constitution

• Amend means to revise, modify or change

• On page 73 in your book each is described

Formal Amendment Process• First method- an amendment may be

proposed by a two-thirds vote in each house of Congress and be ratified by 3/4ths of the state legislatures. That 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

Other ways of amending the Constitution• 2nd method- amendment proposed by

Congress and ratified by conventions for that purpose in 3/4ths of the states. Only the 21st amendment was ratified in this way largely because Congress felt popularly elected delegates would be more likely to reflect public opinion regarding the nationwide repeal of Prohibition

Other methods to amend the Constitution• 3rd method- amendment may be

proposed by a nationwide convention called by Congress by a request of 2/3rds of the state legislatures (34 state legislatures). It then must be ratified by 3/4ths of the state legislatures. Congress has never called such Convention

Amending cont.

• 4th method- an Amendment may be proposed by a national convention and ratified by conventions in three fourths of the states. The Constitution it self was adopted this same way. Can anyone recall how many states needed to ratify of the 13?

Misc. information you need to know• Another name for limited government is rule of

law which holds that government and its officers are always subject to and never above the law.

• The 22 nd amendment passed in 1951 put a limit on presidential terms. Can anyone look in their book and tell me why?

• Who originally set the two term tradition and who broke that tradition?

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

Informal Amendments

• Changes can also be made to the Constitution through other ways.

• The five basic ways that the Constitution can be changed informally include:

• 1) The passage of basic legislation through Congress

• 2) Actions taken by the President• 3) Key decisions by the Supreme Court• 4) Activities of political parties• 5) Custom