CHANGES TO THE CONSTITUTION ©2012, TESCCC U.S. History Unit 11, Lesson 2

Article V 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…States, shall call a Convention for proposing Amendments, Which…. 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…. ©2012, TESCCC

1 st Ten Amendments – Bill of Rights 1 st Amendment – R eligion – A ssembly – P etition – P ress – S peech ©2012, TESCCC

1 st Ten Amendments – Bill of Rights 2 nd Right to Bear Arms 3 rd No Quartering of Troops 4 th No unreasonable search/seizure; probable cause 5 th Grand Jury, double jeopardy, self-incrimination, due process 6 th speedy and public trial 7 th trial by jury 8 th excessive bail, cruel and unusual punishment 9 th – more rights than listed here 10 th – other rights reserved to states ©2012, TESCCC

Other Amendments 13 th, 14 th, 15 th – Reconstruction Amendments ending slavery, extending citizenship 17 th – Direct Election of Senators 18 th – Prohibition 19 th – Women Vote 21 st – Repeal of Prohibition 22 nd – Presidential Term Limits 24 th – No Poll Tax ©2012, TESCCC

New Amendments 25 th – Presidential Succession & Disability – The Tyler Precedent – if a President dies/leaves office, the Vice President becomes President (not Acting President) – used once (Ford, 1974) – Vice Presidential Vacancy – President nominates successor, to be confirmed by majority vote in each House – used twice (Ford, 1973; Rockefeller, 1974) – Presidential declaration of inability to discharge office – Vice President becomes Acting President – used three times (Reagan/Bush, 1985; Bush/Cheney 2002 & 2007) – Vice President/Cabinet declaration of inability to discharge office – not yet used ©2012, TESCCC

New Amendments 26 th – Gave 18 Year-Olds the Right to Vote – 1954 Eisenhower backs right of 18 year-olds to vote – 1970 Nixon signs extension of Voting Rights Act of 1965, giving 18 year-olds right to vote in federal, state, & local elections (despite his uncertainty over constitutionality) – 1970 Oregon v. Mitchell ruled unconstitutional to lower state & local to 18 years-old – 1971 – 26 th Amendment proposed by Senate (94-0) and by House (401-19) and then ratified by 38 states in 3 ½ months (fastest ratification ever – 5 in first day) ©2012, TESCCC

Why Change the Constitution? Clarify freedoms (Bill of Rights) Clarify precedents (Tyler Precedent) Extend rights (esp. voting) ©2012, TESCCC

Other Ways to Change Constitution? Supreme Court decisions provide new interpretations:  Tinker v. Des Moines, 1969: students wore armbands to protest the Vietnam War, were suspended from school  Families went to court for free speech  Court ruled 7-2 that “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” ©2012, TESCCC