Chapter 3 Section 2 Why is this needed No matter how smart the framers were they couldnt foresee the changes yet to come within the country How is change possible The Constitution is a living document ID: 498371
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Slide1
The Amendment Process
Chapter 3 Section 2Slide2
Why is this needed?
No matter how smart the framers were, they couldn’t foresee the changes yet to come within the country.Slide3
How is change possible?
The Constitution is a living document.
Within the constitution there are two different processes for constitutional change:
By formal Amendment
By other informal meansSlide4
Formal Amendment Process
Article V of the Constitution discusses the methods in which the Formal Amendment Process could take place.
“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”Slide5
Formal Amendment Process
Four methods are listed:
-Two methods of Proposal
-Two methods of RatificationSlide6
Proposal Methods
Proposed by Congress by a 2/3 vote in both houses
Proposed at a national convention called by Congress when requested by 2/3 (34) of the State legislaturesSlide7
Ratification Methods
Ratified by the State Legislatures of ¾ (38) of the States
Ratified by conventions held in ¾ (38) of the StatesSlide8
So what has been used?
Method 1
-Proposed by 2/3 vote in both houses -> Ratified by ¾ of State legislatures (26 times)
Method 2
- Proposed by 2/3 vote in both house -> Ratified by conventions held in ¾ of the states (1 time, 21
st
amendment)Slide9
So what has been used?
Method 3
-Proposed at a national convention called by congress when requested by 2/3 of the state legislatures request it -> ratified by the state legislatures of ¾ of the states (never used)
Method 4
-
Proposed at a national convention called by congress when requested by 2/3 of the state legislatures request it
-> Ratified by conventions held in ¾ of the states (similar to how we adopted the Constitution)Slide10
A few questions to consider
Why require both Congress and the State legislatures within this process?
Which method seems most “Democratic” to you?Slide11
Other important stuff to know
Once proposed by both houses of congress, the proposal does not go to the president as with legislation
A state can reconsider a “no” vote at a later time, however, they cannot undo a “yes” vote.
Congress can place a
“reasonable”
time limit on the ratification process