The Constitution: A Living and Flexible Document

The Amendments in review… AMENDMENTYEARSUMMARY Guarantees freedom of religion, of speech, and of the press; the right to assemble peacefully; and the right to petition the government Protects the right to possess firearms Declares that the government may not require people to house soldiers during peacetime Protects people from unreasonable searches and seizures Guarantees that no one may be deprived of life, liberty, or property without due process of law Guarantees the right to a trial by jury in criminal cases

AMENDMENTYEARSUMMARY Guarantees the right to a trial by jury in most civil cases Prohibits excessive bail, fines, and punishments Declares that rights not mentioned in the Constitution belong to the people Declares that powers not given to the national government belong to the states or to the people Lawsuits against the states cannot be heard by the Supreme Court Electors must cast one vote for President and one for Vice President when Electoral College meets Abolition of slavery

AMENDMENTYEARSUMMARY Citizenship and civil rights guaranteed for blacks Voting rights granted to African American men Federal income tax created Direct election of senators Prohibition of sale and manufacture of alcoholic beverages Voting rights granted to women Terms and inauguration of the President, Vice President, and Congress set

AMENDMENTYEARSUMMARY Repeal of Eighteenth Amendment (End to Prohibition) President is limited to two terms of office or ten years total Electoral votes granted to the District of Columbia (3 electoral votes) Abolition of poll taxes Provisions for Presidential disability and the line of succession to the Presidency established Voting age lowered to 18-years-old Limits changing of congressional pay increases

How does the Constitution address how times change in America? I.FLEXIBILITY A.The Constitution is flexible, able to redirect and expand the powers of government to serve the needs of society B.Flexibility based on the following Elastic clause Judicial interpretation of the Constitution Adoption of amendments Unwritten constitution

The Constitution and the Amendment Process

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 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 Identifying the official language(s) of the U.S. Definition of marriage Prayer in school Balanced budget for federal government Abolition of Electoral College Term limits on U.S. Senators & Representatives Death penalty for heinous crimes

Unwritten Constitution… III.THE PRECEDENTS SET IN THE “UNWRITTEN CONSTITUTION” A.UNWRITTEN CONSTITUTION: Government practices not specifically set down in the Constitution, but based on customs and traditions 1.Judicial Review 2.Committee system in Congress 3.The Cabinet 4.Political parties (including third parties) 5.Two-term precedent  broken by FDR, then added to the Constitution in 1951 (22 nd Amendment)

How do individuals and groups influence the government? B.Dependence on large contributions 1.Large contributors will want favorable legislation in return 2.Also want favorable appointments C.Party Machines 1.Small group of insiders that control politics undemocratically 2.Led by political bosses who control elections and eliminate competition

How do individuals and groups influence the government? D.Voting 1.Exercising democracy 2.Expanded by 15 th, 19 th, and 26 th Amendments E.Mass Media 1.Government responds to “the will of the people” 2.Public opinion guides politicians 3.1 st Amendment: Press should report news in an orderly fashion