I. It is an evolving document and can be changed
in two ways...
A. Amendment
B. Interpretation
II. Process of Amendment ~ 2 steps
A. Step 1: Proposal
1.
2/3 of each house of Congress approves the amendment
2.
it is now officially proposed
B. Step 2: Ratification
1.
3/4 of the state legislatures approve the amendment (38 states)
2.
once this happens, the amendment officially becomes part of the Constitution
C. Process is difficult
1.
prevents frivolous changes
2.
ensures public support for changes
III. Change by Interpretation
A. the Constitution is written
in general terms and can be interpreted in different ways during different
eras
B. the Supreme Court has the
final say
C. Example:
1.
14th Amendment: guarantees all citizens equal protection under the law
(everyone is equal and deserves
equal treatment no matter their race, religion, etc.)
2.
1896: Plessy v. Ferguson: court rules that segregation is legal as long
as facilities are "separate but equal"
3.
1954: Brown v. Board of Education: court rules that segregation is automatically
unequal because separating
the races implies that one is superior to the other.