Amending and Interpreting the US Constitution

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Amending and Interpreting the US Constitution
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There are three major ways our Constitution has
changed to fit the times1 Amendments2
Interpretation3 - Customs
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Amending the Constitution

• Thousands Amendments have been suggested over the
  years, but only 27 amendments, or changes, have
  been made to the Constitution!
• The first 10 amendments are called the Bill of
  Rights and were added in 1791.

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Amending the Constitution

• The Amendment Process is a slow and difficult
  one.
• Why did the Framers made it difficult? In order
  to avoid frequent changes to the structure of our
  government.
• Amending is a TWO step process
• 1 Proposing
• 2 - Ratifying

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Amending the Constitution STEP 1

• All amendments must begin by being proposed
  (suggested)
• To propose an amendment, it requires either a (1)
  vote of 2/3rds of both houses of Congress (287 HR
  67 S) OR (2) 2/3rds national convention.
• Most amendments begin with the first method
  (Congress)

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Amending the Constitution STEP 2

• All amendments must end by being ratified
  (approved)
• To ratify an amendment, it requires either a (1)
  3/4ths of state legislatures approval OR (2)
  3/4ths of state ratifying conventions . A caucus
  is what we call such a meeting or convention. (38
  states are required).
• Only 21st Amendment ( repeal of Prohibition)
  ratified by option (2)

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Interpreting the ConstitutionMany believe that
our constitution was written in a way that left
it to be interpreted over timeto fit the times!!!

• Congress has interpreted the Constitution
• The Necessary and Proper Clause states Congress
  has the power to make all Laws which shall be
  necessary and proper this is also called the
  elastic clause.
• Article I, Section 8, Clause 18

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Interpreting the Constitution

• The Elastic Clause (Necessary and Proper Clause)
  gives Congress flexibility to make what laws it
  seems are necessary and proper to do its job!
• These are implied powers which are powers not
  specifically mentioned in the Constitution.

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Interpreting the Constitution

• Congress is also granted the power to impeach, or
  officially accuse officials of misconduct.
• We have had two presidential impeachments in our
  history Andrew Johnson and Bill Clinton

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Interpreting the Constitution

• The President has interpreted the Constitution
• George Washington was the first President to
  create cabinet as a part of the Executive Branch.
• There is nothing written about the cabinet but
  the Presidents have kept the power to interpret
  this document over time.
• The way the Constitution is interpreted over time
  can change --- Plessey v Ferguson and Brown v
  Board

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Interpreting the Constitution

• The Supreme Courts decisions change laws over
  time.
• All Supreme Court decisions are FINAL.
• They have final authority on interpreting the
  Constitution.
• If they deem a law unconstitutional, the law
  dies. If they agree with a law, or uphold it, it
  stays in effect.

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Changing the Constitution through Custom

• Political parties are not mentioned anywhere in
  the Constitution. They developed quickly and
  became a tradition.
• It is important to remember that all three
  branches of government can interpret the document
  differently.