Constitutional Questions >Page 1, 2, 3
Q. What are the "official" methods of amending the Constitution?
Article V of the Constitution provides two ways in which amendments can be proposed and approved
- Congress proposes an amendment.
As is the case with the flag burning amendment, both houses of Congress approve by two-thirds votes a resolution calling for the amendment. The resolution does not require the president's signature. To become effective, the proposed amendment must then be "ratified" or approved by the legislatures of three-fourths of the states. Congress typically places a time limit of seven years for ratification by the states.
- The states call for a constitutional convention.
The legislatures of two-thirds of the states vote to call for a convention at which constitutional amendments can be proposed. Amendments proposed by the convention would again require ratification by the legislatures of three-fourths of the states.
The Constitution has never been amended by the second process. All twenty-seven amendments, including the Bill of Rights have been added through the first method.
Q. How may amendments have been proposed? How many approved?
While over 10,000 have been proposed, only twenty-one amendments to the Constitution have been adopted since final ratification of the Bill of Rights in 1791.
Q. When an amendment is repealed, is it removed from the Constitution?
No. An amendment can only be changed or repealed by another amendment. For example the 18th Amendment prohibiting the manufacture and sale of alcoholic beverages was "repealed," or made ineffective by the 21st Amendment. Yet, the 18th Amendment -- exactly as ratified -- will forever remain a part of the Constitution.
Q. What are the "unofficial" ways of changing the Constitution?
Court Decisions
Decisions of the U.S. Courts often alter the meaning of parts of the
Constitution. For example, many people feel the Supreme Court's decision banning
organized prayer from public schools effectively amended the First Amendment's
"Establishment Clause" dealing with the separation of church and
state. Still others argue that Court decisions upholding federal gun control
laws amend the "Right to Keep and Bear Arms" clause of the Second
Amendment.
The Constitution does not clearly give the federal courts the power to strike down laws they find to be unconstitutional. But, in its historic 1803 decision of Marbury v. Madison, the Supreme Court "inferred" the existence of this power.
Actual Practice
Other than declarations of war, very few major acts of U.S. Government don't
come down to politics -- the Republicans against the Democrats. Yet, nowhere in
the Constitution are political parties even mentioned. In fact, the Founding
Fathers feared that political parties would divide the people and lead to civil
disturbances. Yet, over years of actual practice, the parties have become a
central and accepted part of the federal government.
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The United States Constitution
Complete text from your About,com GuideConstitutional Resources
Net links and features for further study of the Constitution from your About.com Guide.Church and State: How the Court Decides
The Court applies these three "tests" to religious practices when deciding their constitutionality under the Establishment Clause of the First Amendment. From your About.com Guide.Separating Church and State
A look at current and past legislation and laws involving school prayer and the posting of the Ten Commandments in public schools. From your About.com Guide.On the Second Amendment
It's not about gun control, you know? The 2nd Amendment plays a much more important role in protecting our freedom. From your About.com Guide.
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Constitution: Individual Rights
Protection of individual rights and liberties in the basic text of the U.S. Constitution, from your About.com Guide to the Legal Industry Brian N. Durham.Constitution: Separation of Powers
Articles I to III of the U.S. Constitution establish the checks and balances in the three branches of government, from your About.com Guide to the Legal Industry Brian N. Durham.The Constitution Desecration Amendment
An argument for safeguarding the Constitution over the flag or any other symbol, from Your About.com Crime Guide Bill Bickel.Roe v. Wade: Constitutional Privacy & Abortion Rights
Commentary and links on reproductive freedom and judicial activism on the 25th anniversary of Roe v. Wade, from your About.com Guide to the Law Paul S. Reed.The Federalist Papers
As New York state debated ratification, Alexander Hamilton, James Madison and John Jay wrote this famous series of articles designed to explain the new Constitution to the people. From your About.com Guide to 1700s History Rick Brainard.John Marshall's Judicial Mind Part I- Marshall's Nationalism
Marshall sought to broaden the power of the national government by using the power of judicial review and his interpretation of the constitution as a contract. From your About.com Guide to 1700s History Rick Brainard.Money and the Constitution
What the U.S. Constitution actually says about money, coin and currency. From your About.com Guide to Financial Services Kathy Durham.
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