Margaly Monelus 9/29/13

AP Gov MacVicar

Changing the Constitution
Jefferson: The Constitution belongs to the living and not the dead. ;
Constitution is living document
Changes are made either by formal amendments or by a number of informal
processes.
The Formal Amending Process
Two stages of amending the constitution: proposal and ratification
Amendment can be proposed by a two thirds vote in each house of Congress or by
a national convention called by Congress at the request of two-thirds of the state
legislatures
Amendment can be ratified either by the legislatures of three-fourths of the states
or by special state conventions called in three-fourths of the states
President has no formal role in amending Constitution; difficult to formally
amend Constitution
All amendments but the 21
st
(which repealed the prohibition law) have been
proposed by Congress and ratified by the state legislatures; 21
st
ratified by special
state conventions rather than state legislatures
Formal amendments have made the Constitution more egalitarian and democratic
Only one amendment (16
th
or income tax amendment) specifically addresses the
economy
Equal Rights Amendment a constitutional amendment passed by Congress in
1972 stating that equality of rights under the law shall not be denied or abridged
by the United States or by any state on account of sex; this amendment failed to
acquire the necessary support from three-fourths of the state legislatures
ERA introduced in 1923 by nephew of Susan B. Anthony, was passed by
Congress in 1972 but wasnt ratified; failed because of checks and balances

The Informal Process of Constitutional Change
Judicial Interpretation
Marbury v. Madison the 1803 case in which the Supreme Court asserted its
right to determine the meaning of the US Constitution; the decision established
the Courts power of judicial review over acts of Congress
Judicial review the power of the courts to determine whether acts of Congress
and, by implication, the executive are in accord with the Constitution
Judicial interpretation can profoundly affect how Constitution is understood, and
the Supreme Court can go back on its rulings
Changing Political Practice
No political parties when Constitution was written but there are now
Popular vote wasnt supposed to matter, just electoral vote (people would vote for
electors to vote for prez); by 1800 election issues divided country so parties
required electors to pledge to vote for the candidate who won their states popular
vote and its been that way ever since.
Technology
Media questions governmental policies, supports candidates, and helps shape
citizens opinions
Internets changed things and the bureaucracy has grown in importance with the
development of computers
Increasing Demands on Policymakers
All wars increase presidential power; Congress of necessity delegates to the
president the authority to prosecute a war, which involves a multitude of decision,
ranging from military strategy to logistics
USA Patriot Act gave executive branch new powers for wiretapping,
surveillance, and investigation of terrorism suspects
The war on terror has altered the balance of power in our constitutional system
and increased demands on the president and accorded the president a notable
increase in authority to meet those demands
The Importance of Flexibility
Constitution = 27 amendments and fewer than 8,000 words
Executive departments, White House offices, independent regulatory
commissions, and committees of Congress arent mentioned in the Constitution
We have the oldest functioning Constitution (because its not set in stone)
Understanding the Constitution
The Constitution and Democracy
The writers of the Constitution despised democratic government; govt was the be
a govt where the people who own the country ought to govern it
Constitution created a republic, a representative form of democracy modeled after
the Lockean tradition of limited govt.
15
th
Amendment banned voting discrimination based on race; 19
th
based on
gender (so women could vote yay!); 23
rd
gave the residents of Washington, DC
the right to vote in presidential elections (1961), and 26
th
lowered the voter age to
18
17
th
Amendment (1913) provided for direct election of senators
Candidate who won popular vote can lose election: 1824, 1876, 1888, 2000

The Constitution and the Scope of Government
Separation of powers and checks and balances allow almost all groups some place
in the political system where their demands for public policy can be heard
Separation of powers and checks and balances also promote the politics of
bargaining, compromise, playing one institution against another, and an increase
of hyper pluralism.
Some scholars suggest that so much checking was built into the American
political system that effective government is almost impossible due to
gridlock.
The outcome may be non-decisions when hard decisions are needed.