3.3 Amending and 3.3 Amending and Interpreting the Interpreting the

ConstitutionConstitution Mrs. ShadoinMrs. Shadoin

Civics and Civics and EconomicsEconomics

Amending the Amending the ConstitutionConstitution

Any change in the Any change in the Constitution is called Constitution is called an an amendmentamendment, , thousands have been thousands have been considered but only considered but only 2727 have become lawhave become law

The Framers made The Framers made sure the Constitution sure the Constitution could not be altered could not be altered without the without the overwhelming support overwhelming support of the of the peoplepeople

Amending the Amending the Constitution Constitution

Amendments safeguard many of our Amendments safeguard many of our freedoms such as the abolition of freedoms such as the abolition of slaveryslavery and the right of and the right of womenwomen to to vote vote

13th Amendment 19th Amendment

Amendment ProcessAmendment Process

The process for amending the The process for amending the Constitution is outlined in Constitution is outlined in Article VArticle V, it , it involves two steps: involves two steps: proposalproposal and and ratificationratification

Amendments may be proposed two ways: Amendments may be proposed two ways: the first is by Congressional action, a vote the first is by Congressional action, a vote of of two-thirdstwo-thirds of the members of both of the members of both houses of houses of CongressCongress is required is required

Amendment ProcessAmendment Process The second method is by a national The second method is by a national

conventionconvention requested by requested by two-thirdstwo-thirds of the of the state legislatures state legislatures

Ratifying an AmendmentRatifying an Amendment Once an amendment has been Once an amendment has been

proposed proposed three-fourthsthree-fourths of the states of the states must ratify itmust ratify it

States have two ways to do this: by States have two ways to do this: by a vote of either the state a vote of either the state legislaturelegislature or by a special state conventionor by a special state convention

Ratifying an AmendmentRatifying an Amendment

Only one amendment, the Only one amendment, the Twenty-Twenty-firstfirst has been ratified by means of has been ratified by means of state conventions state conventions

The 21st Amendment repealed the Prohibition of alcohol

2121stst Amendment State Amendment State ConventionsConventions

Michigan (April 10, 1933) Michigan (April 10, 1933) Wisconsin (April 25, 1933) Wisconsin (April 25, 1933) Rhode Island (May 8, 1933) Rhode Island (May 8, 1933) Wyoming (May 25, 1933) Wyoming (May 25, 1933) New Jersey (June 1, 1933) New Jersey (June 1, 1933) Delaware (June 24, 1933) Delaware (June 24, 1933) Indiana (June 26, 1933) Indiana (June 26, 1933) Massachusetts (June 26, 1933) Massachusetts (June 26, 1933) New York (June 27, 1933) New York (June 27, 1933) Illinois (July 10, 1933) Illinois (July 10, 1933) Iowa (July 10, 1933) Iowa (July 10, 1933) Connecticut (July 11, 1933) Connecticut (July 11, 1933) New Hampshire (July 11, New Hampshire (July 11,

1933) 1933) California (July 24, 1933) California (July 24, 1933) West Virginia (July 25, 1933) West Virginia (July 25, 1933) Arkansas (August 1, 1933) Arkansas (August 1, 1933) Oregon (August 7, 1933) Oregon (August 7, 1933) Alabama (August 8, 1933) Alabama (August 8, 1933)

Tennessee (August 11, 1933) Tennessee (August 11, 1933) Missouri (August 29, 1933) Missouri (August 29, 1933) Arizona (September 5, 1933) Arizona (September 5, 1933) Nevada (September 5, 1933) Nevada (September 5, 1933) Vermont (September 23, 1933) Vermont (September 23, 1933) Colorado (September 26, Colorado (September 26,

1933) 1933) Washington (October 3, 1933) Washington (October 3, 1933) Minnesota (October 10, 1933) Minnesota (October 10, 1933) Idaho (October 17, 1933) Idaho (October 17, 1933) Maryland (October 18, 1933) Maryland (October 18, 1933) Virginia (October 25, 1933) Virginia (October 25, 1933) New Mexico (November 2, New Mexico (November 2,

1933) 1933) Florida (November 14, 1933) Florida (November 14, 1933) Texas (November 24, 1933) Texas (November 24, 1933) Kentucky (November 27, 1933) Kentucky (November 27, 1933) Ohio (December 5, 1933) Ohio (December 5, 1933) Pennsylvania (December 5, Pennsylvania (December 5,

1933) 1933) Utah (December 5, 1933)Utah (December 5, 1933)

Interpreting the Interpreting the ConstitutionConstitution

**The Necessary and Proper ClauseThe Necessary and Proper Clause: : Article IArticle I lists the powers of Congress lists the powers of Congress and gives them the power “to make and gives them the power “to make all all LawsLaws which shall be necessary which shall be necessary and proper” to carry out its duties”and proper” to carry out its duties”

Interpreting the Interpreting the ConstitutionConstitution

The necessary and proper clause The necessary and proper clause allows Congress to exercise powers allows Congress to exercise powers not specifically listed in the not specifically listed in the Constitution, these are known as Constitution, these are known as “implied powers”“implied powers”

Creation of the Bank of the United States and US Air Force are implied powers

Interpreting the Interpreting the ConstitutionConstitution

LooseLoose interpretation= interpretation= believe Congress believe Congress should be allowed to should be allowed to make any laws the make any laws the Constitution does not Constitution does not forbidforbid

StrictStrict interpretation= interpretation= feel Congress should feel Congress should make only laws make only laws mentioned by the mentioned by the ConstitutionConstitution

Thomas Jefferson- Strict

Alexander Hamilton- Loose Interpretation

Interpreting the Interpreting the ConstitutionConstitution

**Court DecisionsCourt Decisions: : The final The final authority for authority for interpreting the interpreting the Constitution rests Constitution rests with the with the Supreme Supreme CourtCourt which can which can interpret the interpret the Constitution Constitution loosely or strictly loosely or strictly

Interpreting the Interpreting the ConstitutionConstitution

**Legislative & Legislative & Presidential ActionsPresidential Actions: : Actions of Congress and Actions of Congress and the the executiveexecutive branch branch have caused new have caused new interpretations of the interpretations of the ConstitutionConstitution

Examples include the Examples include the House of Representatives House of Representatives power to power to impeachimpeach, or , or accuse officials and the accuse officials and the President proposing bills President proposing bills to Congressto Congress

Andrew Johnson and Bill Clinton- the only presidents who have been

impeached

Interpreting the Interpreting the ConstitutionConstitution

**Interpretation Through CustomInterpretation Through Custom: : The Constitution has changed The Constitution has changed through customs that have through customs that have developed over time, an example is developed over time, an example is political partiespolitical parties