The Formal and Informal Amendment Process

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The Formal and Informal Amendment Process

• Ch. 3 Sec. 2 and 3 Notes
• Civics
• Woodward

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Formal Amendments

• 4 methods
• All similar
• 27 formal amendments over the last 219 years

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Methods

• 1st method
• 26 of 27 happened this way
• Proposed in congress by a 2/3s vote in both
  houses
• Ratified by ¾ of the the state legislatures

4
Cont.

• 2nd Method
• 21st amendment was done this way
• Proposed in congress by a 2/3s vote in both
  houses
• Ratified by conventions held in ¾ of the states

5
Cont.

• 3rd method
• Proposed at a National Convention called by
  congress when requested by 2/3rds of the state
  legislatures
• Ratified by ¾ of the the state legislatures

6
Cont.

• 4th Method
• Proposed at a National Convention called by
  congress when requested by 2/3rds of the state
  legislatures
• Ratified by conventions held in ¾ of the states

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Why?

• Maintain the Federal character of the government
• Proposals start at the national level and
  ratification is in the states
• Will of the people
• The president does not sign an amendment
• This is not lawmaking it is bigger we are
  changing our philosophy about something.

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Why the State Legislature?

• Many critics
• States legislatures can ask the people in an
  advisory vote. (Kimble v. Swackhamer 1978)
• Not binding (Hawke v. Smith 1920)
• States can change their mind if they disapprove
  the first time

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The Amendments

• 10,000 proposed
• 33 to the states
• 27 approved
• Chart on page 63
• Look at 27 see anything interesting

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Notable Amendments

• 1-10 Bill of Rights
• 12 Choosing the President, VP
• 13,14,15 Civil War Amendments
• 16 Income Tax
• 17 Senators Popular Vote
• 18 21 Prohibition Repeal
• 19 Womens Suffrage
• 22 Presidential Term Limits
• 25 Presidential Disability and Succession
• 26 Voting Age set at 18 yrs

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The Informal Amendment Process

• The process by which many changes have been made
  in the Constitution that have not led to changes
  in the documents written words.
• Five ways
• Passing basic legislation
• Actions of the President
• Decisions made by the Supreme Court
• Activities of Political Parties
• Custom

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Basic Legislation

• Constitution is a basic skeleton
• Congress has added the flesh (laws) that define
  the meanings in the Constitution
• Creation of the Executive Branch and Judicial
  System

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Executive Action

• A presidents different interpretation of the
  Constitution and how he acts on that
  interpretation can create an informal amendment.
• Executive order 9066 Japanese Internment
• Executive order 9981 integration of the Armed
  Forces
• Use of the armed forces
• Executive Agreement

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Court Decisions

• The Supreme Court and lower courts can make
  decisions that either declare the
  unconstitutionality of something or create a
  legal precedent the can be followed thus
  modifying the constitution.
• Roe v. Wade
• Brown v. Board of Education

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Political Parties
http//www.senate.gov/pagelayout/senators/a_three_
sections_with_teasers/leadership.htm

• The Constitution makes no mention of them
• The Founders warned against them
• They have come to dominate our political and
  governing processes
• Candidates are nominated
• Electoral College is made ineffectual
• The Legislative and Executive Branches are
  organized around them.

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Custom

• Unwritten customs can be as strong as written
  laws
• Presidential Cabinet
• Vice Presidential succession (25th in 1967)
• No third term for President (22nd in 1951)