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Government : Constitutional Principles : Section Four
Changing the Constitution
The U.S. Constitution has been able to last over 200 years because of its ability to change and adapt with the times. In this section, we will cover the six different ways in which the Constitution can be changed: formal amendment, judicial interpretation, legislation, executive changes, party practices and customs.
Formal Amendment:
Article V of the Constitution provides for the methods of changing the Constitution itself. This is known as the amendment process. In this process, a section of text is added to the end of the document which changes something already in the document, or makes a totally new rule. This revision or addition to the Constitution is known as a formal amendment. There are 27 amendments that have been successfully added to the Constitution. Click here to view the amendments to the Constitution.
Four methods of formally amending the Constitution are outlined in Article V. Each is a two step process that involves proposal (or when the amendment is brought up) and ratification (or when it is voted on and approved). Each method demonstrates the principle of federalism – amendments are proposed on the national level and ratified on the state level.
The diagram below outlines the four methods for formal amendment:
The first ten amendments to the Constitution are called the Bill of Rights. The Bill of Rights establishes the civil liberties of citizens; it places limits on the power of the federal government. After the Constitution was written, it was necessary for it to be sent to all the states for ratification, and 9 states needed to ratify it for it to become law. During this time, critics of the Constitution claimed that there were no limits in the document to prevent the national government from becoming a tyranny. The amendments contained in the Bill of Rights were written to satisfy the concerns of these critics. Click on the name of the amendment to view the actual text of that amendment.
First Amendment – establishes freedoms of speech, press, assembly and right of petition. It also establishes freedom of religion by allowing citizens the right to “free exercise” of religion (meaning they can practice any religion they choose) and prohibiting the establishment of a national religion.
Second Amendment – This controversial amendment says that the government may not infringe upon the citizens right to bear arms (or own weapons).
Third Amendment – This amendment bans the government from using private homes to shelter soldiers unless the owners consent. This amendment was important at the time because of the Quartering Act passed by the British before the Revolution.
Fourth Amendment – protects citizens from unreasonable search and seizure without probable cause. This amendment is also used in courts as implying a right to privacy.
Fifth Amendment – This amendment is known as the rights of the accused. It prohibits double jeopardy (or repeated trials for the same crime), punishment without “due process of law” (or a fair trial), and protects people from self-incrimination.
Sixth Amendment – This amendment guarantees a speedy trial with a jury of one’s peers for criminal offenses, the right to an attorney, and that witnesses may be required to testify in court.
Seventh Amendment – guarantees a jury trial for civil cases involving anything valued at over $20 at the time the Constitution was written (approximately $300 in today’s currency).
Eighth Amendment – prohibits the use of “cruel and unusual punishment” or excessive fines or bail.
Ninth Amendment – states that the rights outlined in the Bill of Rights are not a complete list of rights, and citizens may have other rights not listed. This amendment is also used to justify the right to privacy.
Tenth Amendment – provides for the reserved powers – powers not specifically given to the national government by the Constitution belong to the states.
The remaining amendments were added individually over time. To see when the amendment was passed and the full text of the amendment, click on the name of each amendment below.
Eleventh Amendment – prohibits citizens of one state (or a foreign nation) from suing another state in a federal court.
Twelfth Amendment – changes the process of electing presidents and vice presidents so that separate ballots are cast for each by the Electoral College.
Thirteenth Amendment – passed following the Civil War, it officially abolishes slavery.
Fourteenth Amendment – clarifies the definition of citizenship in the United States and prohibits states from being able to take away the rights of citizens.
Fifteenth Amendment – prohibits race from being used as a factor in determining voter eligibility. This amendment gave African American males the right to vote, regardless of their previous condition of servitude.
Sixteenth Amendment – established the federal income tax.
Seventeenth Amendment – allows for the direct election of senators. Formerly citizens did not elect them directly.
Eighteenth Amendment – establishes Prohibition. This made it illegal to manufacture, import, export or sell alcoholic beverages.
Nineteenth Amendment – gave women the right to vote.
Twentieth Amendment – changed the dates for when presidential, vice presidential, and congressional terms of office end.
Twenty-first Amendment – repealed the Eighteenth Amendment, thus ending Prohibition.
Twenty-second Amendment – limits a president to serving two terms of office.
Twenty-third Amendment– gives presidential electors to the District of Columbia.
Twenty-fourth Amendment – bans the use of poll taxes; citizens could not be forced to pay a tax in order to vote. This practice was often used in the south to prohibit African Americans from voting.
Twenty-fifth Amendment – sets rules for presidential succession and disability, and for filling vacancies in the vice presidency.
Twenty-sixth Amendment – establishes 18 years of age as the age when citizens are eligible to vote.
Twenty-seventh Amendment – when Congress votes a pay raise for itself, the increase will not take effect until after the next congressional election.
 Let’s take a break and study the amendments
Other methods of changing the Constitution:
There are ways other than formal amendments that are used to change the Constitution. The term informal amendment is often used to describe the process of making these changes. Unlike formal amendments, they do not actually change or add wording to the Constitution itself. They can result from five sources:
Judicial Interpretation – The courts, especially the Supreme Court, have been largely responsible for making changes to the Constitution. Supreme Court rulings help to explain a part of the Constitution. They interpret if actions of the government are constitutional. They have an effect on the Constitution by deciding how it is interpreted.
Legislation – Congress changes the Constitution by passing laws. These laws can clarify details about the way the government works or interpret parts of the Constitution. An example of this would be if Congress passed a law that changed the structure of the United States Postal Service, it would further explain the part of the Constitution that gives it the right to “establish post offices.”
Executive Changes – Presidents can also make changes to the Constitution by how they interpret what the Constitution says about their powers and the actions they take regarding these decisions. An example of this is when a president makes an executive agreement with the leader of another nation. Congress has the Constitutional authority to make treaties, but this is generally a time consuming process and does not always go the way the president wishes.
Customs – Various practices of how the government does things have become customs that are not outlined in the Constitution. For example, the president appoints a cabinet, or a group of experts to advise him on important issues. The Constitution does not call for this; it has just become customary practice.
Party Practices – The Constitution does not mention political parties, nor does it mention anything about their structure and function. Party politics greatly affect the actions of Congress and the president today.
 Discussion Question 3:
The Preamble to the Constitution begins with the words “We the People.” This collective “we” did not extend to the right to vote for women, African Americans or Native Americans. How has this omission affected Constitutional history in the United States? Which, if any, of the 27 amendments to the Constitution took care of this situation?
 Once you’ve completed all activities in this unit, study the materials and complete the Unit 3 exam.
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