Amending the Constitution

The Constitution can be changed, but it is a difficult process that requires a large majority of support. Because of this cumbersome process, as we shall see, only those changes that are supported by an overwhelming majority of Americans will become the law of the land.

The Amendment Process
Proposing an amendment
  - by 2/3 vote in House and 2/3 vote in Senate
  - by delegates at national convention called by Congress at request of 2/3 of states

Ratifying an amendment
  - requires approval of 3/4 of state legislatures
  - requires approval of 3/4 of state special ratification conventions

So, what we see is that if you want to even formally propose an amendment to the Constitution for consideration, you have to have roughly 66% of the people approve of it through their elected representatives. Then, for it actually to become law, it must be ratified by 75% of the states. (38 of 50)

Hence, there are only 27 amendments to the Constitution. Keep in mind, the first 10 were done right at the start (Bill of Rights). So really, the Constitution has been amended only 17 times in about 240 years.

Note how the amendments seem to come in spurts/phases. (See chart on p.82) This reflects the fact that the push for amendments only seems to come about after dramatic changes in American society.

Watch this video that briefly illustrates that same point. (Yes, I know its Rachel Maddow and therefore laced with bias sentiment, but get passed that to the meat of the conversation....amending the Constitution is hard)

Goals & Principles of the Constitution

How do we know what the goals of the Constitution were intended to be?
They told us.

- to form a more perfect Union
- establish justice
- ensure domestic tranquility
- provide for the common defense
- promote the general welfare
- secure the blessings of liberty to ourselves and our  posterity



Remember the basic functions we talked about in Unit I?

Just like we looked at some basic principles that would help us work towards our ideals of American democracy, we have principles that help us in our pursuit of the goals laid out in the Constitution.
Some basic principles of the Constitution








  - popular sovereignty
  - limited government
  - separation of power
  - checks & balances
  - judicial review
  - federalism

Ratification of the Constitution

Once the Constitution is presented to the people, they break into two camps; Federalists & Antifederalists

Federalists
   - want strong national government
   - supported by merchants, artisans, large farmers
   - believed large republic could best protect individual liberty

Antifederalists
   - feared a strong national government
   - supported by small farmers
   - believed only a small republic could protect individual liberty

How do you convince enough people to support the Constitution in order for it to be ratified?
The Federalist Papers
A series of essays penned and published widely in order to explain the virtue of the Constitution

Publius

Alexander Hamilton

James Madison

John Jay

Federalist Paper No.10

Federalist Paper No.51

Effective push for ratification, but they are still short Virginia & New York. Strong Antifederalist feelings demand guarantees that their liberties will not be usurped by an oppressive national government.
Madison's promise: A Bill of Rights

Founding Documents: The Declaration, The Articles, & The Constitution

Quick overview of Independence movement and revolution

So, the American Revolution really isn't a "revolution" in the sense that it does not seek to turn society on its head (i.e.- French Revolution). It is a more conservative "revolution" in that it seeks to maintain the order that exists. Its a power struggle. Imagine that. The colonies do not want to return to Britain the power of self-determination that they had enjoyed previously. How much power do you want? How much are you willing to give up? Therefore, the power-brokers of the colonies must find a way to keep their power. They will use force if necessary. But it must be justified. If you hold power, you don't want to set a precedent for rebellion against power. There must be specific parameters and justifications for rational people to look at. Welcome in the social contract theory and its hour of glory.

Ladies & gentlemen, Thomas Jefferson... 

See if these don't sound like legit reasons for a rebellion to maintain the power that you have.

But, if you are saying that you are not going to live under their rules anymore, what set of rules are you going to live under? Remember.. anarchy doesn't work. People are inclined to create order out of chaos. There must be order, so what is the order?

Enter the Articles of Confederation.

You fear the unitary power structure that England maintained, so what's the opposite? Confederal.

- One legislative body

- Equality of states

- Limited powers of Congress (see chart on p 48)

Problems become evident. Shay's Rebellion??

Let's regroup. How do we solve these problems.

Constitutional Convention 

James Madison, et al.

Virginia Plan

New Jersey Plan

Compromises

    - Great (see chart on p54)

    - 3/5 

    - Electoral College