Constitutional Amendments Essential Question: Why and how has the U.S. Constitution been amended and interpreted throughout history?

Learning Objectives I will… We will… LOR 2.A explain how the U.S. Constitution protects individual liberties and rights LOR 2.B describe the rights protected in the Bill of Rights Describe rights guaranteed by the Bill of Rights Explain the process of proposing and ratifying amendments to the Constitution

Amending the Constitution Proposing Amendments 2/3 vote in the House and Senate 2/3 of states ask Congress to call for a convention to debate/vote on an amendment All current amendments were proposed by Congress

Amending the Constitution Ratifying Amendments 3/4 of state legislatures can ratify 3/4 of state conventions can ratify Almost all amendments ratified by state legislatures Only 21st Amendment ratified by convention

The Bill of Rights First Ten Amendments Massachusetts and Virginia refused to support Constitution without it Limit the power of the federal government Protects individual rights

Structure of the U.S. Constitution Incorporation Doctrine BOR originally applied only to the national government Have been incorporated into the states through court decisions Most BOR now apply to state laws as well

First Amendment - RAPPS Freedom of RELIGION Guarantees freedom to worship Prohibits Congress from establishing an official religion (separation of church and state) Right of ASSEMBLY Congress cannot deny individuals the right to gather peacefully

First Amendment - RAPPS Freedom of the PRESS Allows newspapers, radio, and television to write/announce what they want without fear of punishment Essential to a democracy since people should be well-informed in order to vote

First Amendment - RAPPS Right to PETITION Congress cannot deny individuals the right to contact their government officials to change the law Freedom of SPEECH Protects our freedom to say/write most things in public Speech can be limited in some circumstances Ex. Speech that creates “clear and present danger”

Texas v. Johnson (1989) BACKGROUND QUESTION Johnson convicted of flag desecration after burning American flag in protest QUESTION Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? Freedom of Speech (1st Amendment)

Texas v. Johnson (1989) DECISION Court held that Johnson's burning of a flag was protected expression under the First Amendment Controversial speech does not justify prohibition of speech

Bill of Rights Continued 2nd Amendment States that a “well-regulated militia” is “necessary to the security of a free state” People should have the right to “bear arms” 3rd Amendment Prohibits government from placing troops in people’s homes without their permission

Rights of the Accused 4th Amendment Protects individuals from “unreasonable” searches and seizures Judge must sign a “search warrant” before a search can be conducted

Rights of the Accused 5th Amendment Eminent Domain: Government cannot take property without “just compensation” An indictment (formal accusation) must be issued by a grand jury before an arrest No person can be subject to double jeopardy (tried twice for the same crime) A citizen cannot be deprived of life, liberty, or property without “due process of law” A person cannot be forced to say things that will be used against him/her

Rights of the Accused 6th Amendment 8th Amendment Must be told of charges against them Right to trial by jury Right to an attorney 8th Amendment No excessive bail No cruel/unusual punishment

Other Amendments 7th Amendment 9th Amendment 10th Amendment Right to a trial by jury in many civil disputes (ex. Divorce) 9th Amendment States citizens have other rights beyond those listed in the Constitution 10th Amendment States the federal government has only those powers listed in the Constitution

Checkpoint What are the steps to amending the Constitution? What protections are guaranteed by the First Amendment? Do the Bill of Rights apply to state laws?

Structural Changes to the Constitution Twelfth Amendment Calls for Electoral College to use separate ballots in voting for president and vice president Seventeenth Amendment Direct election of senators instead of by state legislatures

Structural Changes to the Constitution Twentieth Amendment Sets new dates for when the president and vice president are inaugurated (January 20) and when Congress begins a new term (January 3) Twenty-Second Amendment Limits presidents to two four- year terms

Structural Changes to the Constitution The Twenty-Fifth Amendment Establishes a process for the vice president to take over the office of the president if he/she is disabled Establishes process for filling the vice presidency in the event of a vacancy

Structural Changes to the Constitution Twenty-Seventh Amendment Makes Congressional pay raises effective during the term following their passage

Extensions of Government Power Sixteenth Amendment Gave Congress the power to levy individual income taxes Eighteenth Amendment Prohibited the manufacture, sale, or transport of alcohol Repealed by the 22nd Amendment

Extensions of Individual Rights Thirteenth Amendment Ended slavery Fourteenth Amendment Prohibits a state from depriving a person of life, liberty, or property without “due process”

Extensions of Individual Rights Fifteenth Amendment Prohibits government from denying the right to vote on the basis of race Nineteenth Amendment Guarantees women the right to vote

Extension of Individual Rights Twenty-Third Amendment Give the District of Columbia three presidential electors for the Electoral College Twenty-Fourth Amendment Prohibits poll taxes in federal elections Twenty-Sixth Amendment Lowers the voting age to 18

Checkpoint How have amendments changed the Constitution? Which amendments extended individual rights? To whom? Why do you think so few amendments extend government power?