U2 P5 Flashcards
Formal Amendment Process for the Constitution: First Step
A) Two-step process outlined in Article V; actually changes wording of Const.
B) First step is Proposal: the proposed amendment needs approval from
1) two-thirds vote in both houses of Congress OR
2) a national constitutional convention called by request of two-thirds of state legislatures (#2 never actually used).
Formal Amendment Process for the Constitution: Second Step
Second step is Ratification: the proposed amendment must be approved by
1) three-fourths of the states (38) OR
2) three-fourths of special state conventions
(#2 used only once).
Formal Amendment Process
D) Modern practice is to include a time limit for ratification (typically 7 years).
E) The Constitution has been formally amended only 27 times.
F) Slower, costlier, more complicated but popular method.
Informal Amendments; Federal Court Decisions
The judicial review power enables the courts to interpret (and expand) Federal power (Example: the Supreme Court gives itself the power of judicial review in Marbury v. Madison). Most common type of informal amendment.
Informal Amendments; Acts of Congress
Necessary & Proper Clause enables Congress to expand its powers (Example: paper money).
Informal Amendments: Presidential Actions
The treaties he negotiates become “the supreme law of the land” (Example: the Chemical Weapons Convention of 1993).
Informal Amendments: Political Parties
changed the way elections are held (Example: the Electoral College, intended to be independent, is now a rubber-stamp body).
Informal Amendments: Social Changes/ Custom
Examples include the diversity of the Cabinet and Supreme Court.
Informal Amendments
Def.: No Const. wording change; Faster, cheaper, easier, but less popular