By /

Changing the Constitution—Formally and Informally

Overview: After exploring the procedure to formally amend the Constitution as set out in Article V, students will then work in small groups to learn about three examples of “informal” changes to the Constitution: federal legislation, US Supreme Court cases, and interstate compacts. Students consider how the “informal” changes may, or may not, effect significant change in similar ways as Constitutional amendments.

Grade Level: High School

Time Needed: 60-90 minutes

Session Objectives:

  • Understand the formal amendment process as outlined in Article V of the U.S. Constitution;
  • Explore origins of formal Constitutional amendments and other methods of significant legal change;
  • Investigate three “informal amendment” methods from U.S. History;
  • Compare and contrast the difference between the formal and informal amendment processes; and
  • Consider how broad legal change happens, historically, and possibly in the future, in the United States. 

Materials Needed:

The Formal Amendment Process

Following the powerpoint, walk students through the formal amendment process and examples, focusing on:

  1. The process as explained in Article V
    1. The three origins for formal amendment: a) Social movements, b) Congressional legislation, c) US Supreme Court cases

Informal Amendments Jigsaw Discussion

Explain that some changes to the Constitution come through “informal” amendments, or processes that are not Article V of the U.S. Constitution, but still result in significant legal change.

Divide students into three groups and distribute each group their handouts. Students should spend at least 15 minutes in their small groups reading their handouts and discussing the questions. Each group should identify a representative to present their example.

Allow all of the representatives to share their examples, following the examples presented in the handouts. This should take 10-15 minutes.

Once all of the groups have shared their examples, ask the larger group to consider the following questions about the examples they considered:

  1. Do you think your example creates significant legal change, similar to a Constitutional amendment?
  2. In terms of effecting change long-term, what are the strengths and limitations of your example, compared to a formal Constitutional amendment?

Discussion Wrap-Up Option 1: Considering the Equal Rights Amendment
Close discussion with a quick look at the ERA as an example of a Constitutional amendment that was not ratified but has appeared across many states as a legal protection, in effect, change. Use powerpoint slides to walk students through the history of the ERA and the current local/state laws.

Discussion Wrap-Up Option 2: Legal Changemakers

If there is time, and students are interested, ask them to think about how they might see the examples they considered in the jigsaw discussion used to make legal changes today. Allow them to discuss their priorities for legal change.