Unit 4 Day 19: Flexible Constitution

Articles Quiz! Article I: Article II: Article III: Article IV: Article V: Article VI: Article VII:

QUESTIONS OF THE DAY 1. Analyze what is meant by the term “living Constitution.” In what ways is the U.S. Constitution a “living” document? 2. Describe, the two steps of the amendment process. 3. Evaluate why amending the U.S. Constitution is a difficult process. Should it be easier to amend the Constitution? Why or why not? 4. How has the Constitution provided the government the ability to adjust to a changing society?

Amendments O An amendment is any change to the Constitution. O The first 10 amendments are the Bill of Rights.

Amendments to the United States Constitution 1. Amendment I [Religion, Speech, Press, Assembly, Petition (1791)] 2. Amendment II [Right to Bear Arms (1791)] 3. Amendment III [Quartering of Troops (1791)] 4. Amendment IV [Search and Seizure (1791)] 5. Amendment V [Grand Jury, Double Jeopardy, Self- Incrimination, Due Process, Eminent Domain (1791)] 6. Amendment VI [Criminal Prosecutions - Jury Trial, Right to Confront and to Counsel (1791)] 7. Amendment VII [Common Law Suits - Jury Trial (1791)] 8. Amendment VIII [Excess Bail or Fines, Cruel and Unusual Punishment (1791)] 9. Amendment IX [Non-Enumerated Rights (1791)] 10. Amendment X [Rights Reserved to States (1791)] 11. Amendment XI [Suits against a State (1795)] 12. Amendment XII [Election of President and Vice- President (1804)]

Amendments Con’t 13. Amendment XIII [Abolition of Slavery (1865)] 14. Amendment XIV [Privileges and Immunities, Due Process, Equal Protection, Apportionment of Representatives, Civil War Disqualification and Debt (1868)] 15. Amendment XV [Rights Not to Be Denied on Account of Race (1870)] 16. Amendment XVI [Income Tax (1913)] 17. Amendment XVII [Election of Senators (1913)]) 18. Amendment XVIII [Prohibition (1919)] 19. Amendment XIX [Women's Right to Vote (1920)] 20. Amendment XX [Presidential Term and Succession (1933)] 21. Amendment XXI [Repeal of Prohibition (1933)] 22. Amendment XXII [Two Term Limit on President (1951)] 23. Amendment XXIII [Presidential Vote in D.C. (1961)]) 24. Amendment XXIV [Poll Tax (1964)] 25. Amendment XXV [Presidential Succession (1967)] 26. Amendment XXVI [Right to Vote at Age 18 (1971)] 27. Amendment XXVII [Compensation of Members of Congress]

The Amendment Process O The amendment process involves two steps: proposal and ratification. An amendment may be proposed by a vote of two-thirds of both houses of Congress or by a national convention requested by two-thirds of the state legislatures. O Once proposed, an amendment must be ratified by three-fourths of the states. The states can do this by a vote of either the state legislature or a special state convention.

In your notebook: O Analyze the “fractions” used in amending the Constitution. O Discuss why 2/3 majority is required to propose, while ¾ is required to ratify. O Be prepared to share you answers!

Interpreting the Constitution O Article I gives Congress the power “to make all Laws which shall be necessary and proper” to carry out its duties. O This necessary and proper clause allows Congress to exercise implied powers not specifically listed in the Constitution.

Who has the power to interpret the Constitution?

In small groups, answer the following prompt: O Discuss historical use of the elastic clause. O Predict future needs or inventions that might require Congress to use the elastic clause (i.e. cloning, robots) O Create a short presentation to share with the class from your discussion.