The Formal Amendment Process

So today we're going to be talking about the formal

amendment process, and our objectives for today are to identify

the two main ways to formally amend the Constitution and

relate these to the seven principles.

We are also going to identify five ways to informally

shape the Constitution and how those relate to the seven

principles as well.

When we think about our Constitution, we often refer to

it as a living document because it's able to endure

and keep pace with the ever changing world in which

we live in.

We're able Thio maintain this idea in principle of it

being a living document through this formal amendment process.

So we actually talk about formal amendment.

We're gonna break down these two words.

If we talk about formal, we're talking about something that's

officially recognized.

And when we talk about amendment, we can see that

the word amendment has the word amend, which means to

change or revised, and so a formal amendment is something

that's officially recognized.

Um, and it's a revision or change the written words

of the Constitution and as a recap when we think

about the Constitution, we know that it's broken down the

first part into seven articles.

The first article being the legislative branch, the second being

the executive branch, the third being the judicial revamp.

The judicial branch, the fourth being relationship between states.

The fifth being the amendment process.

Which is what we're going to be talking about today,

the sixth being the Supremacist E, which states that the

Constitution is the supreme law of the land.

It's the highest law, and then the seventh is ratification.

These seven articles of the Constitution are important, and they

will be on the test.

So it's important that you know all seven.

So the process there's actually four, um, formal processes, Um,

for our government Thio amend the Constitution.

But two of those have never been used, So we're

going to focus on the two main ways to formally

amend the Constitution.

And if you're looking at, um, your assignment for this

lesson ba formal amendment process, um, it starts by asking

the two main ways toe formally amend the Constitution and

when it says proposed by so both of these ways

start the same.

Ah, formal amendment is proposed by two thirds of both

houses in Congress.

In all, 27 of our amendments have been proposed by

two thirds of both houses in Congress.

Now, the first way that it could be ratified or

the first option for how it could be ratified is

to be ratified by 3/4 of state legislatures, so you

can see here down at the bottom.

This picture you have to buildings.

That's Congress, um, out of the three squares filled in

because it requires two out of three, a two thirds

vote of both houses to be proposed, and then you

can see over on the right.

You have four boxes, and three of those boxes are

filled in with the states because 3/4 of state legislatures

have to approve.

And this is the way that 26 out of the

27 amendments have been approved.

So the majority of all of our amendments have been

proposed by two thirds of both houses and approved or

ratified by three quarters of the state legislatures.

Now, the second way it could be ratified.

Um, it's still proposed by two thirds of Congress, but

it could be ratified by a convention of popularly elected

delegates called specifically for that purpose, and then it has

to be approved by three quarters of those state conventions,

so the convention could be made up of people like

you and me.

Um, it should be representative of that state.

Um, but it could be teachers.

It could be police officers.

It could be mayors or sheriff's.

Um, these delegates aren't necessarily people that served in government.

Currently, it could be anybody, but it still requires three

quarters of the states to approve that and on Lee,

one amendment out of are 27 amendments have been approved

this way.

And that's the 21st Amendment, the repeal of Prohibition.

So in the history of our country, since 17 89

there's been 12,000 plus joint resolutions calling for amendments to

the Constitution.

So we've had 12,000 plus amendments have been proposed to

Congress for a vote since 17 89 and only 33

of those 12,000 plus joint resolutions have been sent to

the states for ratification.

And we know that of those 33 Onley, 27 have

been ratified.

And so if we're trying to relate this formal amendment

process back to the seven principles, um, the key, the

most important principle that this reflects this federalism.

We know that the proposal takes place at the national

level level in Congress.

We require two thirds of Congress, and the ratification takes

place at the state level, either at state with the

state legislatures or the state conventions.

So if we think back to what federalism is it

that some powers were given to the federal government and

some powers air given to the state government?

And so here the powers given to the federal government

is the proposal, and the powers given to the state

governments are the ratification.

So federalism is perhaps the most important of the seven

principles. When we talk about the amendment process, the other

ideas Republicanism, we know that Congress is made up of

representatives, um, that are elected by us to represent us,

the people and then also popular sovereignty.

Um, Congress, state legislatures and even the delegates, um, in

the conventions are the voice of the people and our

toe act in accordance with our desires.

So the three principles of the Constitution, um, that really

represent the formal amendment process, ISS, federalism, republicanism and popular

sovereignty. So we know that there's a formal amendment process.

But there's also an informal amendment process, you could say,

and this is what we call change by other means.

We're not going to add another amendment, Um, but we

can definitely interpret and mold the Constitution by using these

change by other means.

And if you're looking at the second actually the third

page of your homework, we talk about five ways to

change by other means.

So five ways to change the Constitution by other means

or informal.

And these are the five ways through basic legislation through

presidential actions through Supreme Court decisions, political party activities and

custom and usage.

So we know that the legislative branch makes the laws.

And so, through basic legislation, legislation, um Congress can pass

laws to clarify the Constitution or even pass laws.

Thio interpret the Constitution or to make law.

And all of these laws have to abide and have

to follow the Constitution.

The second change, by other means, is through presidential actions.

Um, the president can use their executive power to interpret

and mold the Constitution.

For instance, Um, the president himself cannot declare war.

Only Congress can declare war.

With this being said, Congress has not officially declared war

since 1942 which is when we, um we're in World

War Two.

But we all know that we've been in other wars

per se.

We've been in the Korean War, the Vietnam War, the

Gulf War, the war against terrorism.

How can we go into these wars without a declaration

of war from Congress?

Well, the President has the power of Executive action or

executive power, um, to use his position as the commander

in chief to defend the country against attack and so

he can actually send troops on what we kind of

refer to as military engagements.

Um, and that ultimately does become war per se.

But this is the ways that the president can use

Executive action Thio, interpret the Constitution on dhe, utilize the

Constitution, Thio get things done in the ways that he

wants. He or she wants him to be done the

other ways through Supreme Court decisions.

And we know through the seven principles that the Supreme

Court has the power of judicial review, Um, the Supreme

Court can use judicial review to interpret and apply the

constitution in the cases that they hear on Dhe to

interpret interpret the law.

The next one is through political party affiliations.

We know that political parties play a huge part in

our government.

Um, we know that a divided Congress can make things

either difficult or slower thio to pass laws and that

a united Congress would make things easier to pass laws.

Um, and so a lot of our representatives make decisions

on the basis of party.

They make decisions on the laws and the bills that

they pass, or the laws and the bills that they

proposed on the basis of party and then finally, custom

and usage.

When we talk about customs, we're talking about traditions.

Thes air kind of unwritten rules.

So, for example, um, after George Washington served his second

term, um, he stated that he would not run for

a third term because, um, that would make the presidency

to powerful people.

Presidents could just run really unlimited on dhe.

This is kind of the standard.

This was the tradition or the custom.

For 150 years, presidents on Lee served two terms.

Um, there was this no third term tradition that all

presidents really followed closely.

Um, and that was until Franklin Roosevelt really broke that

tradition in 1940 1944 when he actually ran for presidency,

ran for the presidency a 3rd and 4th term and

one. So Franklin Roosevelt is the only president in our

history to serve more than two terms, and he actually

served four.

And so, as a result of this, um, we passed

the 22nd Amendment, which limited the president to two terms.

So these five examples air always that the Constitution can

be informally changed or interpreted.

And within these five examples, um, we have really four

principles that represent this, the first being judicial review.

We talked about this when we talked about, um, Supreme

Court decisions.

The Supreme Court interprets and applies the Constitution In many

of the court cases they hear through judicial review.

We also see the separation of power.

If we look back to this, um, changed by other

means, we see that basic legislation is the legislative branch.

Presidential actions is the executive branch, and Supreme Court decisions

are, um, the judicial branch.

So we see the separation of power just through those,

um, three means we also see checks and balances basic

legislation still requires approval from both houses in Congress and

the president, um, still has the power to veto, um,

those laws on, then finally limited government.

Each branch has power to make informal changes to the

Constitution, but each one's power is limited by the others.

So that is how the Constitution can be changed, either

formally or informally.

And the key here with this lesson is to understand

that for the Constitution to be formally amended, it requires

two thirds of both houses in Congress to propose.

And it requires 3/4 of state legislatures or 3/4 of

states, through a convention to ratify.

Um, there is one assignment, um, kind of like a

three page worksheet, um, that you guys need to fill

out after watching this.

Um, everything on this worksheet was covered, um, in this

lesson, So good luck.

And if you have any questions, feel free to reach

out to Mr Myers or myself.

The Formal Amendment Process

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