Amending the Constitution: Why Change?

School of Rock

The Times They Are A-Changin’ by Bob Dylan (1964) Come gather ‘round people Wherever you roam And admit that the waters Around you have grown And accept it that soon You’ll be drenched to the bone Come gather ‘round people Wherever you roam And admit that the waters Around you have grown And accept it that soon You’ll be drenched to the bone If your time to you is worth savin’ Then you better start swimmin’ Or you’ll sink like a stone For the times they are a-changin’ If your time to you is worth savin’ Then you better start swimmin’ Or you’ll sink like a stone For the times they are a-changin’

Verse 2 Come writers & critics Who prophesize with your pen And keep your eyes wide The chance won’t come again And don’t speak too soon For the wheel’s still in spin Come writers & critics Who prophesize with your pen And keep your eyes wide The chance won’t come again And don’t speak too soon For the wheel’s still in spin And there’s no tellin’ who that it’s namin’ For the loser now Will be later to win For the times they are a- changin’ And there’s no tellin’ who that it’s namin’ For the loser now Will be later to win For the times they are a- changin’

Come senators, congressmen Please heed the call Don’t stand in the doorway Don’t block up the hall For he that gets hurt Will be he who has stalled There’s a battle outside And it is ragin’ It’ll soon shake your windows And rattle your walls For the times they are a-changin’ Verse 3

Come mothers & fathers Throughout the land And don’t criticize What you can’t understand Your sons and your daughters Are beyond your command Your old road is Rapidly agin’ Please get out of the new one If you can’t lend a hand For the times They are a-changin’ Verse 4

The line it is drawn The curse it is cast The slow one now Will later be fast As the present now Will later be past The order is Rapidly fadin’ And the first one now Will later be last For the times They are a-changin’ Verse 5

Questions for Discussion 1. What do you think the song is about, i.e. “what’s going on?” 2. In each verse, Dylan is challenging a certain group to change. Analyze each verse of the song and identify who or what needs to change. 3. What do you think is the overall message of the song? 4. What forces might make it necessary to change the Constitution? 1. What do you think the song is about, i.e. “what’s going on?” 2. In each verse, Dylan is challenging a certain group to change. Analyze each verse of the song and identify who or what needs to change. 3. What do you think is the overall message of the song? 4. What forces might make it necessary to change the Constitution?

The Constitution and the Amendment Process

Methods of Proposal

Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment]

Methods of Proposal Method 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures [This method has never been used] Method 1 By 2/3 vote in both the House and the Senate [most common method of proposing an amendment] Or

Methods of Ratification

Method 1 By legislatures in ¾ of the states [in all but one case, this is how amendments have been ratified]

Methods of Ratification Method 2 Ratified through conventions in ¾ of the states. [Only been used once to ratify the 21 st Amendment] Method 1 By legislatures in ¾ of the states [in all but one case, this is how amendments have been ratified] Or

Amendment Process Methods of Proposal Method 1 By 2/3 vote in both the House and the Senate Or Method 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures Methods of Ratification Method 1 By legislatures in ¾ of the states Or Method 2 Ratified through conventions in ¾ of the states.

Suggested Amendment Topics Flag burning Allow non-natural born citizens to become President Official language(s) of U.S. Definition of marriage Prayer in school Balanced budget Electoral College Terms limits on U.S. Senators & Representatives Access to medical care for all citizens Death penalty

The Equal Rights Amendment Proposed 1972 Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

In 1789, the first Congress of the United States established the existence of specific individual rights by creating a Bill of Rights to be amended to the Constitution. In each session of Congress, a number of constitutional amendments have been proposed, but few are passed to be ratified by the states (only 27 amendments total).

Why not? In 1972, Congress passed the Equal Rights Amendment, but by 1982, it fell three states short of ratification. ERA supporters have re-introduced the amendment in every term since 1982 without success. Still the simple words embodied in the amendment are both powerful and controversial. In 1972, Congress passed the Equal Rights Amendment, but by 1982, it fell three states short of ratification. ERA supporters have re-introduced the amendment in every term since 1982 without success. Still the simple words embodied in the amendment are both powerful and controversial.

The Equal Rights Amendment (ERA): Questions for Discussion 1. What rights are protected by the ERA? 2. Why do you think the ERA has evoked such heated debate? 3. Brainstorm pros and cons of each side. 4. Do you think the ERA should be ratified?

Political Cartoon #1 Political Cartoon #1 Title: Flag Burning Amendment Gary Markstein, Wisconsin, The Milwaukee Journal-Sentinel, July 18, 2005,

Political Cartoon #2 Political Cartoon #2 Title: Flag Burning Steve Breen, The San Diego Union-Tribune, July 25,

Political Cartoon #3 Political Cartoon #3 Title: Gay Marriage Amendment Mike Lane, Cagle Cartoons. Feb. 26,