Changing the Constitution Chapter 8, Section 3 Changing the Constitution

The Amendment Process Constitutional Amendments can be proposed by Congress or a National Convention: 2/3 of the House or the Senate can propose an amendment or... Congress can call a national convention at the request of 2/3 of the state legislatures. (This has never happened.)

The Amendment Process Amendments can be ratified in two ways: They can be approved by the legislatures of ¾ of the states. They can be approved by a special convention in ¾ of the states. This has happened only once. The 21st Amendment ended Prohibition, making alcohol once again legal.

The Bill of Rights One of the first acts of Congress was to pass a Bill of Rights. These 10 Amendments were approved by the states in 1791. The Bill of Rights protects citizens against abuses of power by the government.

Protecting Individual Liberties The First Amendment of the Bill of Rights protects your freedom of Religion Speech The press The right of people to assemble (gather together) peacefully To petition the government for change. Thanks to this amendment, you can criticize the government and go to any church you like (or none at all) but there are limits – for example, newspapers cannot knowingly print lies about someone.

Protecting Against Abuses of Power Amendments 2, 3 and 4 reflect the colonists’ experiences with British abuses of power. The Second Amendment protects the right of the people to keep and bear arms (weapons.) The Third Amendment states that Congress cannot quarter troops in a person’s home. The Fourth Amendment protects citizens from unlawful searches of home and property.

Protecting Rights of the Accused The 5th, 6th, 7th and 8th Amendments deal with the rights of people accused of crimes. The Fifth Amendment states that people cannot be forced to incriminate (give evidence against) themselves. The Sixth Amendment guarantees the right to a speedy and public trial by a fair jury.

Protecting Rights of the Accused The Sixth Amendment also gives people accused of a crime the right to know the charges against them and to confront their accuser. The Seventh Amendment provides for juries for civil (non-criminal) trials. The Eighth Amendment forbids “cruel and unusual punishment” and prevents judges from ordering excessive bail.

The 9th and 10th Amendments Many people opposed adding a Bill of Rights because they believed that Americans might lose certain rights that were not specifically listed in the Constitution. The Ninth Amendment states that our rights are not limited to those listed in the Constitution. The Tenth Amendment states that all powers not given to the national government are reserved for the states.

Later Amendments Since the Bill of Rights, there has only been 17 more Amendments. Most of them relate to the spread of democracy to other people. The Bill of Rights did not include voting rights. They would be included in later amendments. The Nineteenth Amendment gave women the right to vote (1920.)

The Civil War Amendments After the Civil War ended, the 13th, 14th and 15 Amendments were added to help African Americans. The Thirteenth Amendment abolished (destroyed) slavery. The Fourteenth Amendment guaranteed citizenship to former slaves. The Fifteenth Amendment stated that men of any color had the right to vote.

State and Local Governments Chapter 8, Section 4 State and Local Governments

State Constitutions The Constitution divides power between the federal government and the states. Each of the 50 states has a constitution to frame their governments. Though none are the same, all of them are compatible with the U.S. Constitution.

State Constitutions Most state constitutions look a lot like the U.S. Constitution – they start with a preamble and include a bill of rights and three branches of government. However, they are also usually longer and more detailed. Which one is followed if there is a conflict between the two?

Changing Constitutions State Constitutions can be changed a number of ways, but in the most common method the legislature proposes an amendment to be approved by voters. Citizens can also propose an amendment by getting signatures of support. The amendment is then voted on by the legislature or the voters. This is called a constitutional initiative.

States Provide Services State government influences your daily life more than the federal government does. States maintain law and order, enforce criminal law, protect property and regulate business. State governments also supervise education, provide health and welfare programs, build highways, and operate state parks and forests.

States Provide Services Each state must build and maintain its own infrastructure, or system of roads, bridges and tunnels. To maintain high standards, state governments license people who serve you, like doctors, lawyers and teachers. When you are old enough to drive (God help us all) the state will test you before giving you your license. State police also keep highways safe and protect us from criminals.

Bud Moran, Tribal Council Chairman Local Governments The Constitution doesn’t mention local governments (county, city, town, etc.) Local governments are created entirely by the states and have only those powers and functions that states give them. Local governments have the most impact on us. It is at the local level that we have the greatest influence on our government. Bud Moran, Tribal Council Chairman

Local Governments and Education The service that local governments spend the most money on is education. Though the state sets education standards and guidelines, it’s the local governments that run the schools. Education is one area of local government where citizens have a great deal of control. They may serve on the school board and vote on the school’s budget.

Other Services Local governments hire and support firefighters, police and garbage collectors. They provide sewers and water, maintain local roads and hospitals and conduct safety inspections. Local government has also provided more than just basic needs, like libraries, parks, museums and stadiums.