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THE FLEXIBLE THE FLEXIBLE CONSTITUTIONCONSTITUTIONTHE FLEXIBLE THE FLEXIBLE

CONSTITUTIONCONSTITUTION

Mr. P’s Class

Flexible Constitution

YELLOW on the leftYELLOW on the left

RED on the rightRED on the right

NO GREENNO GREEN

Flexible Constitution

Why is the U.S. Constitution called "elastic" or "flexible"? Give specific evidence of how those terms are appropriate.

KEY QUESTION

Flexible Constitution

1787- the Founding Fathers knew that they couldn’t predict how our country would grow and change.

Flexible Constitution

NO TELEPHONESNO TELEPHONES

NO RADIOSNO RADIOS

NO COMPUTERSNO COMPUTERS

NO TELEVISIONSNO TELEVISIONS

Flexible Constitution

The Constitution - plan for government (sometimes the plan has to change). - a “living document”, because it can be changed.

Flexible Constitution

In 1787 there In 1787 there were only 13 were only 13 states & 4 million states & 4 million people. people.

Today, there are Today, there are 50 states and 340 50 states and 340 million people, million people, and the and the Constitution still Constitution still works.works.

Flexible Constitution

Flexible Constitution

DELEGATES (elected representatives) AMEND (change)Delegates at the Constitutional Convention made it possible to amend the Constitution.

A message to Mr. P’s neighborA message to Mr. P’s neighbor

Flexible Constitution

3 WAYS TO CHANGE THE CONSTITUTION:

changing the constitution

1) The Amendment Process – A written change to the Constitution.

changing the constitution

3 WAYS TO CHANGE THE CONSTITUTION:3 WAYS TO CHANGE THE CONSTITUTION:

2) INTERPRETATION 2) INTERPRETATION (understanding the (understanding the meaning or intent)meaning or intent) of the Constitutionof the Constitution – – A new way of looking at the existing A new way of looking at the existing words.words.

changing the constitution

3 WAYS TO CHANGE THE CONSTITUTION:3 WAYS TO CHANGE THE CONSTITUTION:3) Custom3) Custom – Doing something a certain – Doing something a certain way because of tradition.way because of tradition.

The Amendment Process

-Article 5 explains how to amend the Constitution. -27 amendments have been passed since 1787. Only 17 since 1789.Only 17 since 1789.

1) AMENDING THE CONSTITUTION

The Amendment Process

THIS IS THIS IS NOTNOT AN EASY PROCESS. AN EASY PROCESS. Congress, and ¾ of the states must approve (vote for) the amendment.

1) AMENDING THE CONSTITUTION1) AMENDING THE CONSTITUTION

The Amendment Process

1) PROPOSING THE AMENDMENT: There are two methods:

OROR

AMENDING THE CONSTITUTIONAMENDING THE CONSTITUTION

a) 2/3 of both houses of Congress must vote “yes”. Then it goes to the states (see number 2, “Ratifying the Amendment”).

The Amendment Process

1) 1) PROPOSING THE AMENDMENTPROPOSING THE AMENDMENT: There are : There are two methods:two methods: b) 2/3 of the state legislatures must ask for a Constitutional Convention to propose an amendment. This is a “check” on Congress, but it has never This is a “check” on Congress, but it has never been used successfully.been used successfully.

AMENDING THE CONSTITUTIONAMENDING THE CONSTITUTION

The Amendment Process

2) RATIFYING THE AMENDMENTAMENDING THE CONSTITUTIONAMENDING THE CONSTITUTION

¾ (38) states must RATIFY (approve) the amendment. There are two ways for an amendment to be ratified:

The Amendment Process

2) RATIFYING THE AMENDMENT2) RATIFYING THE AMENDMENT

a) State legislatures must vote for the amendment.

This is the most common way.This is the most common way.

b) Voters in each state elect delegates to a state convention, who must vote for the amendment.

AMENDING THE CONSTITUTIONAMENDING THE CONSTITUTION

The Amendment Process

AMENDING THE CONSTITUTIONAMENDING THE CONSTITUTION

RATIFICATION - it becomes a part of the Constitution.

The Amendment Process

AMENDING THE CONSTITUTIONAMENDING THE CONSTITUTION

The Amendment Process

REPEAL (cancel) – The only way is to pass a new amendment!

AMENDING THE CONSTITUTIONAMENDING THE CONSTITUTION

1) AMENDING THE CONSTITUTION1) AMENDING THE CONSTITUTION1919 - 18th Amendment “Prohibition” - outlawed the production, sale, and consumption of alcohol in the United States.

1933 - 21st Amendment – repeals the 18th Amendment.

Interpreting the Constitution

INTERPRETING THE CONSTITUTIONWhen Congress makes a law, they check the Constitution, and INTERPRET (figure out) if their law is okay.

Interpreting the Constitution

INTERPRETING THE CONSTITUTIONINTERPRETING THE CONSTITUTIONThe Supreme Court will decide if Congress The Supreme Court will decide if Congress interpreted the law correctly. interpreted the law correctly.

Custom and tradition

CUSTOM AND TRADITIONThings not written down anywhere, “an unwritten rule”.

Custom and tradition

CUSTOM AND TRADITIONCUSTOM AND TRADITION

*part of what is called “the Unwritten *part of what is called “the Unwritten Constitution”. Constitution”.

The President’s CABINET - (a group of special advisors)

It is not easy, but The Constitution It is not easy, but The Constitution cancan be be changed according to a specific set of rules. changed according to a specific set of rules. That is why it is sometimes called “THE ELASTIC That is why it is sometimes called “THE ELASTIC CONSTITUTION”.CONSTITUTION”.

Flexible Constitution

Why is the U.S. Constitution called "elastic" Why is the U.S. Constitution called "elastic" or "flexible"? or "flexible"? Give evidence of how those terms are Give evidence of how those terms are appropriate.appropriate.

KEY QUESTIONKEY QUESTION

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