Notes on Formally Amending the Constitution

Review Questions on p. 77

Binder Check
Table of contents at the end of this presentation
Amendment written changes to the
Constitution

Article V sets out 2 methods for proposal
and 2 methods for ratification (approval) of
Constitutional Amendments
4 total possibilities

First Method
An amendment may be proposed by a 2/3 vote in
each house of Congress and then ratified by of
the state legislatures
38 states must approve

26 of the 27 amendments have been added this
way
Second Method
An amendment may be proposed by Congress and
then ratified by conventions called for that purpose in
of the states.

Only the 21
st
amendment was adopted this way.
21
st
amendment repealed prohibition (18
th
amendment)

Congress felt that conventions were a more accurate
representation of Americas public opinion on
prohibition.
Third Method
An amendment may be proposed by a national
convention called by Congress at the request of
2/3 (34) of the state legislatures.

The amendment must then be ratified by of the
state legislatures

To date, no such convention has ever been called
Fourth Method
An amendment may be proposed by a national
convention and ratified by conventions in of the
states.

The Constitution itself was adopted in this way
The ratification of an amendment happens
on a state-by-state level.

Some believe that amendments should
require ratification via committees rather
than by state legislatures

The Supreme Court has held that a state
cannot require approval of a proposed
amendment by a vote of the people of a
state before ratification by that states
legislature
Hawke v. Smith 1920

State legislatures can call for an advisory
vote before it acts
Kimble v. Swackhamer 1978


Complete questions 1-6 on p. 77
Binder Check
Table of Contents (add to your existing one)
Notes
Federalist No. 10
Study Guide Exam 1 (homework grade)
Exam 1 (will be handed back next week)
Constitutional Principles worksheet
P.77#1-6