Lesson 36 of 1524
The Constitution and Its Origins
The Constitution is a bargain that divides power and sets a hard path for changing the bargain.
Practice this chapterThe Articles were a league of states. Congress could ask the states for money, but it could not collect taxes itself. Shays’ Rebellion made the weakness of that arrangement hard to ignore.
Federalists argued for ratification. Anti-Federalists feared a distant national government and pressed for a bill of rights. The first ten amendments, added after ratification, were that bargain.
Amending the Constitution
Propose by 2/3, ratify by 3/4
A high bar to propose, and a higher share of the states to finish.
Worked example
Congress has passed a proposed amendment by two-thirds of the House and two-thirds of the Senate. Thirty states have ratified it. Is it part of the Constitution?
- 1Check the proposal. Two-thirds of both houses is one of the two legal ways to propose an amendment. This proposal clears that step.
- 2Check ratification. The Constitution requires three-fourths of the states, not a simple majority and not the two-thirds used for proposal.
- 3Three-fourths of 50 states is 37.5, so 38 states must ratify.
- 4Thirty states are short of 38. The proposal is not yet an amendment.
Result: No. Thirty states have ratified it, and 38 are required.
Why. Proposal and ratification are different fractions. Two-thirds gets the text out of Congress. Three-fourths of the states, 38 of 50, makes it constitutional law.
The Great Compromise is not the Three-Fifths Compromise. One settled representation of states. The other counted three-fifths of the enslaved population for seats and direct taxes.
Practice margin
This chapter
A fresh set from this chapter only. Choose 10 or 20. Multiple choice and fill-in, with no repeat inside the set.