Chapter 3, section 4

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Chapter 3, section 4

• A Living Constitution

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Warm-up

• How many times has the Constitution been changed
  since 1787?
• Answer Aside from the Bill of Rights, which were
  the first 10 amendments, the Constitution has
  only been formally changed 17 times.

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Objectives

• 1.) Describe the process for amending the
  Constitution.
• 2.) Explain the considerations involved in
  interpreting the Constitution.

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Vocabulary

• 1.) amendment -
• any change in the Constitution
• 2.) implied powers -
• congressional powers not stated specifically in
  the Constitution but suggested by the necessary
  and proper clause

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1.) Amending the Constitution

• A.) Two Step Process
• 1. Proposal - an amendment has to be proposed or
  suggested by a vote of 2/3 of members of both
  houses of Congress or by a national convention at
  the request of 2/3 of state legislatures ( 33
  states ).
• 2. Ratification - an amendment is approved by 3/4
  of the state legislatures ( 38 states ) or 3/4 of
  ratifying conventions held in each state. ( see
  Chart Study, p.93)

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1.) Amending the Constitution cont...

• C.) Not Easy - the writers of the Constitution
  deliberately made the amendment process difficult
  because one small change in the Constitution
  could have dramatic effects on the government.
• D.) Flexible - The amendment process allows the
  Constitution to be changed to fit the needs of an
  ever changing society.
• http//www.archives.gov/national_archives_experien
  ce/constitution_amendments_11-27.html

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2.) Interpreting the Constitution

• A.) Deliberately General - the framers of the
  Constitution made the Constitution as general
  (not specific) as possible so that it could
  remain open to interpretation. This allows us to
  change the Constitution to fit the needs of
  society.
• B. The Necessary and Proper Clause - this clause
  allows Congress to exercise powers that are not
  specifically listed or written in the
  Constitution. These are also known as implied
  powers. Some examples are the regulation of air
  pollution and licensing of television stations.

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2.) Interpreting the Constitution cont..

• C.) Loose Interpretation - people who believe
  Congress should be allowed to make any laws not
  specifically forbidden in the Constitution.
• ( Alexander Hamilton )
• D.) Strict Interpretation - people who believe
  that the Constitution should only make laws the
  Constitution specifically mentions.
• ( Thomas Jefferson )

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2.) Interpreting the Constitution cont..

• E.) The Middle Ground - other feel that we
  should interpret the Constitution according to
  the intentions of the original framers. That is,
  some implied powers should be loosely interpreted
  while others should be strictly interpreted.

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3.) Role of the Supreme Court

• A.) Final Authority
• the final responsibility of interpreting or
  explaining what the Constitution means is the
  responsibility of the Supreme Court.

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3.) Role of the Supreme Court cont...

• B.) Each new interpretation or decision by the
  court, like amendments, helps our government
  change and grow to meet the needs of our society
  today.

• 1.) Brown v. Board of Education, Topeka, Kansas
• http//www.digisys.net/users/hootie/brown/
• 2.) Women's Suffrage
• http//www.rochester.edu/SBA/history.html

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3.) Role of the Supreme Court cont...

• C.) The Constitution of today is quite different
  from the original document 216 years ago. It is
  our Constitutions ability to be flexible, to
  change and grow with our society, that makes it a
  living Constitution.

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Section 4 Assessment/Review

• 1.) What is the process for amending the
  Constitution?
• Answer proposal by 2/3 vote in Congress or by a
  national convention ratification by 3/4 of the
  states by a vote in each state legislature or by
  calling special state conventions.

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Section 4 Assessment/Review

• 2.) What considerations are involved in
  interpreting the Constitution?
• Answer Loose interpretation Congress should be
  allowed to make any laws not forbidden by the
  Constitution. Strict interpretation Congress
  should only make the kinds of laws that the
  Constitution mentions.

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Close

• Do you believe the Constitution should be easier
  to amend? Explain in two to three
  well-constructed sentences.