Amending the Constitution Amendment Facts There are 27

Amending the Constitution

Amendment Facts • There are 27 Amendments • 1, 000 s of Amendments have been proposed, but failed • Failed amendments that have been debated by Congress: • Changing the voting age to 16 • Eliminating income tax • Making English the official language • The Equal Rights Amendment

Terms to Know: • Amendment: an official change or addition to the Constitution • Propose: To make suggestion, offer up an idea • Ratify: To officially confirm or approve

Why do we have an amendment process? • Our Founding Fathers knew that the Constitution was the best they could come up with at the time, but that 20 or 200 years later, the needs of the country might be different. • The amendment process allows the Constitution to change with the needs of the country. • Because of this, it is called a ‘living document’.

Article V (5): The Amendment Process Step: 1 Propose 2 ways to propose an amendment Magic # is 2/3 Step: 2 Ratify 2 ways to ratify an amendment Magic # is 3/4

Step 1: Proposing an amendment (Common Way) • Congress proposes an amendment • If 2/3 the House and 2/3 of the Senate approves it, it goes to the states for ratification. = + 2/3 Step 2

Step 2: Ratifying an Amendment (Common way) • Ratification (approval) is left up to the states. • What fraction of states must ratify? • ¾ (This is 38 out of 50 states)

Proposing an Amendment (Uncommon way- has never happened) • 2/3 of a state legislature has to call a convention • 33/50 states • This is a sneaky way of proposing an amendment because it bypasses (skips) Congress

Ratifying an amendment (Uncommon Way) • ¾ of the state conventions have to ratify an amendment • The 21 st amendment which ended the ban on alcohol was the only amendment ratified this way.

Changing the Constitution • Amending the Constitution is difficult • Why? • So we would not quickly change the law without carefully thinking through what would happen.

The Amendment Process Proposed by: CONGRESS by two-thirds vote of each house Ratified by: Proposed by: NATIONAL CONVENTION called by Congress at request of twothirds of state legislatures Three-fourths of the states

Writing the Bill of Rights • The purpose of the Bill of Rights is to limit the power of the Federal government while protecting the rights of the people. • The BOR provides people Civil Liberties • freedoms we have without government interference

• Having Civil Liberties doesn’t mean we can break the law • ‘Your rights end where someone else’s begin’ • What does this mean? • Your rights are balanced against the good of the community (common good)

Sta po te/in we d rs ivid ua l Rig hts (D accu of th ue Pr sed e oc es s) Pr go ote ve cti rnm on en aga po t ab ins we us t r eo f lib Ind ert ivi ies du /fre al ed om s Bill of Rights provides for:

lib Ind ert ivi ies du /fre al ed om s Bill of Rights provides for: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ” 1 st Amendment

1 st Amendment • The Five Freedoms • Religion • Assembly • Press • Petition • Speech

Freedom of Religion • Government can’t… 1. Establish a national religion 2. Deny you the ability to practice your religion • Limits: • Can’t hurt anyone or • Break the law in practicing your religion

Freedom of Assembly • Allows us to peacefully meet as a group for any reason • We can join any group we want • Limits: • Can’t • Trespass • riot

Petition • Allows us the right to complain about or protest the government • This allows us to express our views about the government • Limits • Can’t make threats against the government • Trespass • Become violent (riot)

Freedom of Press • Allows us to publish news/information • The ability to access and read news • Limits: • Can’t knowingly write lies about someone (libel) • Can’t knowingly publish information that would hurt national security.

Freedom of Speech • Allows us to say what we want without fear of punishment from the government • This includes “symbolic speech” • Limits: • Can’t: • Yell FIRE in a crowded movie theater • Knowingly speak lies about someone (slander) • Schools, employers, and PARENTS can limit speech

Bill of Rights provides for: lib Ind ert ivi ies du /fre al ed om s country “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. ” violated 2 nd Amendment

2 nd Amendment • The right to bear arms (own a weapon) • Some argue the meaning of this amendment

Sta po te /in we di rs vid ua l

Housed No soldier shall, in time of peace be quartered in any house, without the consent of the owner. .

3 rd Amendment • May not force citizens to house troops in their homes • Reaction to the Quartering Act prior to the American Revolution

The right of the people to be secure in their things persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

4 th Amendment • Protects Americans from unlawful searches of home or property • Law enforcement can search your property if they have probable cause and a search warrant

Listing (Writing) The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. interpreted

9 th Amendment • People have rights not listed specifically in the previous amendments • Example: You have the right to get married or fly on a plane

given The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

10 th Amendment • The states have rights not specifically listed in the Bill of Rights • Example: States can regulate education, marriage, and the death penalty • Purpose is to limit the power of the President and Congress

Match the right with the amendment: 9 • ______Did you find a right not listed in the Constitution? It still belongs to the people! 2 • ______Citizens can keep and bear arms. • ______If a power isn’t given to the 10 federal government, it goes to the states or the people. • ______You don’t have to house soldiers 3 in your home during peacetime.

Rig hts (D acc u of th ue e Pr se d oc es s)

5 th amendment danger crime No person shall. . . be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. fair forced

5 th Amendment • No citizen can be denied the right to life, liberty, or property without “DUE PROCESS” of law • Cannot self-incriminate, or be forced to testify against yourself • “pleading the Fifth” • Today police must give “Miranda warning” to people before they are arrested

5 th Amendment Contd. • Cannot be retried of a crime you were found innocent of • Double jeopardy • Limits the government’s power of “EMINENT DOMAIN” (the right of the government to take private property). • The government must pay what your property is worth. • “Property Rights”

6 th amendment trials neutral In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury. . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. required lawyer

6 th Amendment jury • Right to a speedy and public trial • Be informed of nature of the crime • Right to an attorney

7 th amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

7 th Amendment • The right to a trial by jury in civil cases over $20 • Civil Cases: Lawsuits that involve disagreements between people, not crimes

8 th amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

8 th Amendment • Judge can’t set excessive bail • No “cruel and unusual punishment”

2) I was arrested 12 months ago. I’ve been accused of speeding, but I haven’t been given an opportunity to defend myself against the charge. I think they’re just going to leave me in this jail forever! Do I have a right to a speedy and fair trial? � NO � YES, in Amendment # ______

3) I do not like our mayor at all. I think he has made some very bad choices and is not managing our town very well. I’m going to practice my free speech by spray painting a message for the whole town on the mayor’s front door. Do I have a right to free speech through vandalism? � NO � YES, in Amendment # ______

4) I know there is a law against keeping lions as pets in my town, but as long as I keep it on my property I should be allowed to have one! That’s what private property is all about, right? Do I have a right to do what I want on my property? � NO � YES, in Amendment # ______

5) I am Buddhist, which means that I practice the religion of Buddhism. I just moved to a new town that has banned all religion. The sheriff has threated to arrest me if I don’t take an oath against religion. Do I have a right to practice religion? � NO � YES, in Amendment # ______

6) As punishment for accidentally breaking my neighbor’s window, I have to replace all the windows that break in our town for the next year… while wearing a silly hat and embarrassing outfit! Do I have a right to fight my punishment? � NO � YES, in Amendment # ______

Civil War Amendments • 13 th, 14 th, and 15 th Amendments • Freed the slaves • Guaranteed citizenship • Allowed African American men to vote

19 th Amendment • Women get to vote • Women are the last of all people in the country to get the right to vote • Also called “Women’s Suffrage”

Prohibition Amendments • 18 th Amendment banned alcohol • 21 st Amendment repealed 18 th Amendment • (in other words, it erased it)

Voting Amendments • 22 nd Amendment – President can only serve 8 years (two terms) • 24 th Amendment – abolished poll tax (meaning at one time you had to pay to vote) • 26 th Amendment – 18 is voting age