Amending the Constitution “We the people” want to change this!!!!

The Amendment Process Proposing + Ratifying (approving) Step 1: Proposing Amendments (2 Methods) 2/3 vote of each house of Congress (the only method used to date) 2/3 of the states can request that Congress call a national convention

Ratifying Amendments 2 Ways: Legislatures in 3/4 of the states ratify (approve) the amendment) OR Each state may call a special ratifying convention. THEN, 3/4 of the conventions must approve it. **A state that rejects an amendment by method #1 can reverse their decision and approve the amendment

What if a state legislature approves an amendment and then revokes ratification? Equal Rights Amendment (ERA): would prohibit discrimination on the basis of gender 35 states approved of it BUT then 5 changed their minds Is state revocation Constitutional?

Are these actions acceptable under the 1st Amendment? Wearing a jacket that says “F**K THE DRAFT” in a court house? Cohen v. California Burning your draft card on the steps of a courthouse? United States v. O’Brien

Is this a violation of the 4th Amendment The officer noticed the Petitioner talking with another individual on a street corner while repeatedly walking up and down the same street. The men would periodically peer into a store window and then talk some more. The men also spoke to a third man whom they eventually followed up the street. The officer believed that the Petitioner and the other men were “casing” a store for a potential robbery. The officer decided to approach the men for questioning, and given the nature of the behavior the officer decided to perform a quick search of the men before questioning. A quick frisking of the Petitioner produced a concealed weapon and the Petitioner was charged with carrying a concealed weapon.

The Supreme Court Case Terry v. Ohio Created a “2 Prong Test” Reasonable suspicion that a crime has, is, or will be committed Has a reasonable belief that the person “ may be armed and presently dangerous” This has been extended to include car compartments Requirement of identification (passed in 24 states) Police can frisk an individual in a stopped vehicle

The Amendments Bill of Rights (1-10) Freedom of religion, speech, assembly, petition Right of the people to keep and bear arms People cannot be forced to house soldiers in peacetime Protects against unreasonable search and seizure and warrants must be based on probable cause No one cal be held for a serious crime without being presented to a grand jury; double jeopardy; the right to avoid self-incrimination; no one can be deprived of life, liberty or property without due process, the right to eminent domain

Bill of Rights All criminals have the right to a speedy and public trial by an impartial jury, the accused can confront any witnesses called against them and call their own witnesses; the accused has the right to counsel Civil cases can be tried in front of a jury No excessive bail, fines or cruel and unusual punishment The people have the rights granted by the Constitution but others as well The powers of the federal government are limited to those in the Constitution

The Amendments Also Part of the Bill of Rights (11-12) Prohibits a state from being sued in federal court by citizens of another state or of another nation Provides for the use of separate ballots for when the Electoral College votes for president and vice president

The Amendments “The Civil War Amendments” (13-15) 13. Abolished slavery Grants everyone equal protection under the law -Originally intended to protect the rights of freed slaves 15. Voting rights cannot be deprived to any person based on race, color, or former status as a slave

“The Twentieth Century Amendments” 16-27 Authorized the income tax Established direct election of US senators Prohibited the manufacturing, importing and exporting of alcoholic beverages Prohibited the forbidding the right to vote to any citizen based on sex Changed the details of Congressional and presidential terms Repealed the 18th Amendment

The 20th Century Amendments Cont. 22. Limits the President to 2 terms Granted Washington D.C. presidential electors Prohibited the requirement of payment of a poll tax as a requirement for voting Provides for the succession to the office of the president in the event of death or incapacitation Lowered the national voting age to 18 Limits congressional pay rates