Constitutional Changes

      Unit Overview

In this unit, students will describe how constitutional government has changed the meaning of several of the basic principles that help define the United States government. (CS#7).

              Section A:  Content Statement 7

Constitutional government in the United States has changed over time as a result of amendments to the U.S. Constitution, Supreme Court decisions, legislation, and informal practices.

Content Elaboration

The operations of government in the United States take place within a framework provided by the U.S. Constitution. However, the U.S. Constitution has been amended, interpreted, and implemented in a variety of ways.

The processes for formally amending the U.S. Constitution are outlined in the document. Constitutional amendments have added to, modified, replaced, and voided provisions of the original document and previous amendments.

The U.S. Supreme Court, in deciding cases brought before it, has frequently interpreted provisions of the U.S. Constitution to clarify and extend their meaning. With its power of judicial review, the Supreme Court has also declared actions of the branches and the states to be unconstitutional. The U.S. Congress, in creating legislation, has provided details that build upon the framework of the Constitution. For example, civil rights acts and voting rights acts have provided specific directions to promote constitutional principles.

Informal practices also have changed how the constitutional government has been implemented in the United States. These practices are related to provisions in the Constitution but venture into areas not explicitly addressed in the Constitution. For example, legislative oversight of the executive branch grew in part out of Congress’ need for information to help draft new legislation.

Let’s Practice: Content Statement 7

 

 

          Section B:  Amendment Process

 

CC Video


The operations of government in the United States take place within a framework provided by the U.S. Constitution. However, the U.S. Constitution has been amended, interpreted, supplemented, and implemented in a variety of ways. The “amendment process” allows the Constitution to change with the country.  It is a “living document.” The United States Constitution has only 27 amendments that have been added to the Constitution.  The alternative processes for formally amending the U.S. Constitution are outlined in Article V of the document. Constitutional amendments have added to, modified, replaced, or made inoperable provisions of the original document and previous amendments.

There is a two-step process to add an amendment.  There is a common way and uncommon way.

1. Must first be proposed (two different ways)

2. Then ratified (two different ways)

 

Common Way

Proposing an Amendment

(Common Way)

Ratifying an Amendment

(Common Way)

Congress proposes a constitutional amendment

Ratification is left to the states – the federal government can’t change the Constitution on its own.

2/3 of both houses must approve it

 

 

 

 

States ratify through their legislatures.

 

 

Then it goes to the states for ratification

Each state votes to ratify.  ¾ of the states must ratify. (38 out of 50 states)

                                                                          

Uncommon Way

Proposing an Amendment

(Uncommon Way)

Ratifying an Amendment

(Uncommon Way)

State legislatures call for a Constitutional Convention

States hold special ratifying conventions.

 

2/3 of state legislatures (33 out of 50 states)

 

 

 

¾ of the conventions vote to ratify

 

 

This proposed process has never happened in our history but is listed as an option in the Constitution.

This ratification process has only been used once, to ratify the 21st amendment in 1933. Repealed Prohibition

 

Let’s Practice: Order of Amendment Process

 

 

 

          Section C:  Informal Amendment Process

There are two kinds of amendments that change the Constitution. 

1. Formal Amendment Process – an actual written, numbered amendment to the Constitution.  Examples: Bill of Rights Amendments, Reconstruction Amendments, Suffrage Amendments, and Presidential Amendments.

2. Informal Amendment Process – changes made over time without passing a Constitutional Amendment.  The vast majority of changes to the Constitution have not changed the words in the Constitution.

Below is a flipbook that will describe the five ways of the “Informal Amendment Process”

 

 

Let’s Practice: Informal Amendments