Chapter Three

A Tradition of Democracy The U.S. Constitution

~~~~~A Flexible Document

A Flexible Constitution

• Changing times may call for changes in the government

• The framers (writers) of the Constitution …

1. knew that the plan they were creating would have to adapt to a growing nation

2. planned a system that could adapt to meet changing conditions and changing needs

• The U.S. Constitution truly is a "living" document

American Then and Now1790

13 states

4 million people

2013

50 states

14 territories

310 million people

Providing for Change

• One of the Constitution’s most important features is its flexibility– Framers wrote the document to be adaptable to

situations they could never have imagined

• There are two ways in which the Constitution and the government can be adapted to the changing needs and conditions of the country

1. Formal process = amendment2. Informal process = government

acts and customs

Changing the ConstitutionAmendment = written change to the Constitution

• 27 amendments added since 1789

Article 5 - Amendment Process• four possible ways to successfully add an

amendment to the Constitution

Proposing Ratifying

Congress by a ⅔ vote in both houses

¾ of state legislatures (38 out of 50)

⅔ of state legislatures (34 out of 50) can ask Congress to call a national convention

¾ of state conventions (38 out of 50)

Removing Amendments

After an amendment has become part of the written Constitution it can only be repealed, or canceled, by another amendment.

18th Amendment 1920 Alcohol Prohibition

1933 repealed by the 21st Amendment

only amendment to use state conventions method to ratify

Changes in Government * Some changes in the federal government have

come about through custom and tradition• president’s cabinet• political parties

* When part of the Constitution is interpreted in anew way the federal government can

change– Congress may interpret a certain clause in the Constitution

as giving it the authority to pass a particular law• minimum wage Unwritten Constitution =

Government traditions and customs seldom written down or passed into law

Supreme Courtdetermines

constitutionalityof interpretations