Amending the Constitution

What allows us to amend?Article 5

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

Constitutional Amendments

Amendment- any change in the Constitution

Bill of Rights- first 10 amendments Types of Amendments:

Individual Rights Government Operations Specific Laws

Amendment Process

In over 200 years, we have only amended the Constitution 27 times.

Why not more? Necessary and Proper Clause-

“elastic” Supremacy Clause Interpretation

Why is the Constitution and specifically the Bill of Rights SO important?

Bill of Rights

Amendment I Protects our civil liberties Religion – everyone is free to worship as

they please as long as no laws are broken Speech – No slander Press – No libel Assembly – gather in groups, join clubs,

political parties, etc. Petition – Express ideas to the government

– not threaten

Amendment II

Controversy over meaning Does it mean a militia member can

carry arms Does it mean individual citizens can

have weapons Courts ruled the government can

make rules to control but not to prevent owning a weapon

Amendment III

Americans did not like British quartering

In peacetime there can be no quartering

In wartime Congress must authorize

Amendment IV Any government official must have a

warrant to search your home or business

Warrants Judge must issue upon probable cause Must name the item Must have an address Must not have expired Exclusionary Rule – illegally obtained

evidence may not be used

Amendment V People accused of serious crimes must have

a grand jury indictmentgrand jury indictment or the state equivalent

No double jeopardydouble jeopardy No self incrimination Everyone is entitled to due process of lawdue process of law

– following established legal procedures Limits eminent domaineminent domain – government can

take property for public use but must pay a fair price.

Amendment VI

More due process of law Know the charges against you Trial by jury of peers (can request

judge only) Trial should be speedy and public Obtain witnesses for their defense Entitled to a lawyer if they can not

afford one

Amendment VII

Civil Cases Lawsuits If $20 or more is involved Does not require a jury trial – can just

go before a judge

Amendment VIII Applies to a person accused of a crime No excessive bail or fines

Bail guarantees a person will show up for their trial

Must fit the crime Can be denied

No cruel and unusual punishment Time changes what is considered cruel Methods of Execution

Amendments IX and X

Both secure the rights of the States and the people

IX – Citizens have more rights than those in the Bill of Rights

X – States have rights not denied them or expressly given to the United States Government

Amendments 11 - 27

Amendment Eleven

Specifies cases that are not to be tried in the federal court system.

Amendment Twelve Revises the presidential

election process Electors vote separately for president and vice president.

If there is no clear winner the House of Representatives will elect the President and the Vice President will be elected by the Senate.

Amendment 13

Abolished SlaveryFirst of the Civil War or Civil Rights Amendments

Amendment 14 Citizenship defined

Granted citizenship to ALL persons born or naturalized in the United States

States can’t make laws that abridge the privileges or immunities of citizens of U.S.

Equal protection of the laws No more 3/5 when counting

representation

Amendment 15

Right for all male citizens to voteRegardless of race, color or previous servitude.

Amendment 16

The amendment authorized an income tax (Direct tax)

Amendment 17 Direct election of senators

Until this amendment state legislators appointed senators.

If there is a sudden vacancy the state’s governor appoints replacement to serve the term unless the State decides to fill the vacancy by special election

Amendment 18

Prohibited the manufacture, transport, and sale of alcohol.

Volstead Act defined alcohol as ½ of 1%

Amendment 19

Women’s right to vote in national elections

Many States already allowed women to vote in State elections

Amendment 20 “Lame Duck” Amendment

New date for term: January 20 Inauguration day

Congress session starts January 3rd following election

If the President-elect dies before taking the oath the Vice President-elect becomes President

Amendment 21

Repealed the 18th AmendmentOnly amendment to ever repeal another amendment

Amendment 22

Limits president to two (2) elected terms or 10-years George Washington set the precedent for 2 four year terms.

Everyone followed the precedent until Franklin D. Roosevelt.

Amendment 23

Washington D.C. receives three (3) electoral votes

Was given the same number as the least populated State

Does not have a seat in either the Senate or House of Representatives

Amendment 24

Prohibits Poll Tax as a requirement for voting

Twenty-Fifth Amendment If the office of President is vacated the

Vice President will take that office The new President will nominate a Vice

President to be approved by a majority vote of both the House and Senate

President must notify the President pro tempore and the Speaker of the House if they will be incapacitated and again when he is able to resume his duties

Presidential Succession Act of 1947

Vice President Speaker of the House President Pro Tempore of Senate Secretary of State Secretary of Treasury Secretary of Defense Other cabinet positions in the

order they were created

Twenty-Sixth Amendment

Lowers national voting age to 18

Passed during Vietnam War States may have a lower voting age for State elections

Twenty-Seventh Amendment

Any law that changes Congressional salaries, may not take effect until the next regular congressional election