Amending the U.S. Constitution Social Studies Mrs. Roberts

Amendment? Page 1 Any change to the Constitution is an amendment.

Amendment Process Page 1 The Framers of the Constitution wanted to make the Constitution flexible, but not so easy to amend that it would not be respected. Writers deliberately made the amendment process difficult. Any small change could have dramatic effects on U.S. government. Cannot be changed without the overwhelming support of the PEOPLE!

Amendment Process Page 2 The ability to change (amend) the Constitution is clearly necessary. They safeguard many freedoms we take for granted, such as the abolition of slavery and the right to vote for women.

Amendment Process In the Declaration of Independence, Thomas Jefferson stated that people have the right to overthrow a government that does not protect their rights If the Constitution could not have been amended to protect the rights of African Americans and women, our government would not have survived.

Amendment Process Page 3 Draw the amendment process that can be found on page 127 in your textbook.

Amendment Process Page 4 Article V in the Constitution explains the two steps in the amendment process: An amendment must first be proposed. An amendment can be proposed by vote of two-thirds of members of both houses of Congress. OR Amendment proposed by national convention called at the request of two-thirds of state legislatures. This has never happened.

Amendment Process Amendment Process Continued… Amendment must be ratified (approved). Approved by ¾ of state legislatures. OR Approved by ¾ of ratifying conventions held in each state.

Ratification Only one amendment, the 21st amendment, was ratified by state conventions. More than 9,000 amendments have been proposed. Only 27 have been ratified.

Bill of Rights Page 5 The Bill of Rights is the first ten amendments to the U.S. Constitution. Describes the powers and rights of American citizens. Reflect the belief of limited government. Place strict limits on how the national government can use its power over the people.

Bill of Rights Page 6 First Amendment Second Amendment Freedom of religion, speech, press, assembly, and petition. Second Amendment Right to bear arms.

Bill of Rights Third Amendment Fourth Amendment Quartering Troops The federal government cannot force citizens to quarter, or house, soldiers. Fourth Amendment Search and Seizure Protects citizens against unreasonable search and seizures.

Bill of Rights Fifth Amendment Rights of an Accused Person No one can be put on trial without being indicted, or formally accused, by a group of citizens called a grand jury. Double jeopardy Right to remain silent. Guarantees that people cannot be forced to testify against themselves.

Bill of Rights Fifth Amendment continued… No one may be denied life, liberty, or property without due process of law. This means following procedures of law and guaranteed by the Constitution. Protects a person’s property rights. Limits the government’s power of eminent domain. Eminent domain is the right of government to take private property (usually land) for public use.

Bill of Rights Page 7 Sixth Amendment Right to a Speedy, Fair Trial Requires that the accused be told of the exact nature of the charges against them. Must be allowed a trial by jury. Right to hear and question all witnesses against them. Permitted to call witnesses in their defense. Entitled to a lawyer. If the person cannot afford a lawyer, the government will appoint one.

Bill of Rights Seventh Amendment Civil Suits The right to a jury trial in civil cases if the amount of money involved is more than $20.00.

Bill of Rights Eighth Amendment Bail and Punishment Forbids excessive bail Forbids “cruel and unusual punishment.” The punishment should be in proportion to the crime.

Bill of Rights Ninth Amendment Tenth Amendment Powers Reserved to the People The rights spelled out in the Constitution are not the only rights of the American people. Tenth Amendment Powers Reserved to the State Any powers the Constitution does not specifically give to the federal government are reserved for the states or the people.

Amendment 11 Page 8 Suits Against States A lawsuit brought by a citizen of the United States or a foreign nation against a state must be tried in a state court, not a federal court.

Amendment 12 Election of President and Vice President Passed to prevent a tie between the President and Vice President. People now vote for them as a set, not separate!

Amendment 13 Abolition of Slavery Prohibits slavery of any form.

Amendment 14 Rights of Citizens Grants citizenship to all people born in the United States. Guarantees due process of law.

Amendment 15 African American Suffrage Right to vote for African Americans

Amendment 16 Page 9 Income Tax Congress has the power to tax the citizens of the United States.

Amendment 17 Direct Election of Senators The right to elect senators was given directly to the people of each state.

Amendment 18 Prohibition of Alcohol Prohibited the production, sale, or transportation of alcoholic beverages in the United States.

Amendment 19 Woman Suffrage Gave all women the right to vote.

Amendment 20 “Lame Duck” Amendment Shortened the time between the President’s and Vice President’s election and inauguration. Ended “lame duck” sessions of Congress. “Lame ducks” are Presidents and members of Congress waiting to leave office after retiring or failing to gain reelection. They no longer had any political power.

Amendment 21 Page 10 Repeal of Prohibition Amendment (18) Repealed the 18th amendment which forbade the production, sale, and transportation of alcoholic beverages.

Amendment 22 Limit on Presidential Terms A President cannot serve more than two terms in office. Passed after President Roosevelt was elected to four terms as President.

Amendment 23 Presidential Electors for the District of Columbia Grant people living in Washington D.C. the right to vote in presidential elections.

Amendment 24 Abolition of the Poll Tax A poll tax was a fee that people were required to pay to vote in a number of Southern States. This amendment ended poll taxes as a requirement to vote in any election. A form of racial discrimination!

Amendment 25 Presidential Disability and Succession The Vice President become President if the President dies, resigns, or is removed from office. The new President will then appoint a Vice President with the approval of Congress.

Amendment 26 Eighteen-Year Old Vote Made 18-year-olds eligible to vote in all elections. Until this amendment in 1971, you had to be 21. Many people used the Vietnam War to justify the adoption of the 26th amendment. They argued that those old enough to fight and die for their country were also old enough to vote.

Amendment 27 Restraint on Congressional Salaries States that any increase in salaries of the members of Congress will take effect in the next session of Congress.