Formal Amendment Process To Amend To Change Definition

Formal Amendment Process (“To Amend” = “To Change”)

Definition: Formal Amendment: Written change to Constitution

Formal Amendments Proposals (2) Ratification (2)

Formal Amendments STEP 1 = Proposal Two Ways: 1. ) 2/3 vote in both houses (Only way used = 27 x) (Senate & House of Reps. ) 2/3 vote at national convention, which is called by Congress at the request of 2/3 (34) state legislatures

Formal Amendments Proposals (2) 1. ) 2/3 vote in both houses (used) 2. ) 2/3 vote at national convention called by Congress at the request of 2/3 (34) state legislatures Ratification (2)

Formal Amendments STEP 2 = Ratification (passing amendment) 2 Ways: 1. ) 3/4 (38) state legislatures (Used 26 out of 27 formal amendments) 2. ) Ratified by conventions held in 3/4 (38) states (Used once = 21 st Amendment (reversed Prohibition)

Formal Amendments Proposals (2) 1. ) 2/3 vote in both houses (used) 2/3 vote at national convention called by Congress at the request of 2/3 (34) state legislatures Ratification (2) 1. ) 3/4 (38) state legislatures (Used 26 out of 27 formal amendments) 2. ) Ratified by conventions held in 3/4 (38) states (Used once)

Formal Amendments Proposals (2) 1. ) 2/3 vote in both houses 2/3 vote at national convention called by Congress at the request of 2/3 (34) state legislatures Ratification (2) 1. ) 3/4 (38) state legislatures (Used 26 out of 27 formal amendments) 2. ) Ratified by conventions held in 3/4 (38) states (Used once)

Formal Amendments Proposals (2) 1. ) 2/3 vote in both houses 2/3 vote at national convention called by Congress at the request of 2/3 (34) state legislatures Ratification (2) 1. ) 3/4 (38) state legislatures (Used 26 out of 27 formal amendments) 2. ) Ratified by conventions held in 3/4 (38) states (Used once)

Formal Amendment v. Informal Amendment

Definition: Informal Amendment = no written change to Constitution

Informal Amendment 1. ) Legislation 2. ) Executive Action 5 Basic Ways 5. ) Court 3. ) Party Practices Decisions 4. ) Customs

Informal Amendment 1. ) Legislation Definition: Passage of laws Examples: Court system structure & Interstate Commerce

Informal Amendment 2. ) Executive Action Definition: President acts independent of Congress Examples: War making & Executive Decisions Executive Agreement: President makes pact with foreign leader without Senate approval 1 st = Thomas Jefferson = Louisiana Purchase from France

Informal Amendment 3. ) Party Practices Definition: Political parties change political process Examples: Nominating candidates at conventions No set law to nominate candidates

Informal Amendment 4. ) Customs / Traditions Definition: Upholding customs as Constitutionality Examples: President’s cabinet & Senatorial Courtesy President appoints advisors, Senate approves Cabinet Positions = Secretary of Defense, Sec. Of Agriculture, Sec. Of Defense, Homeland Security (newest) Senatorial Courtesy = Senate approves presidential appointees only if they are favorable to the state’s senator(s).

Informal Amendment 5. ) Court Decisions Definition: Court cases interpret the Constitution Examples: Marbury v. Madison & Judicial Review Marbury v. Madion = 1 st case use judicial review Judicial Review = Power of Supreme Court to determine constitutionality of government action.

Informal Amendment 1. ) Legislation 2. ) Executive Action 5 Basic Ways 5. ) Court 3. ) Party Practices Decisions 4. ) Customs