Unit 3 We the People Article V: Amendment Process

The US Constitution IS & IS NOT the same document written in 1787 Some Words have been eliminated, some have been added.

Keys to help To propose means to suggest 2/3 will always apply to the Congress Federal Gov't will always propose To amend means to change To ratify means to approve or pass ¾ will always apply to the states States will always ratify

Amendment Process The Constitution cannot be changed by just anyone!!! This document is permanent and so are its changes… Once you amend/change the document you must amend that amendment!! WHAT!?!?!

FIRST Proposed by 2/3 of Congress Ratified by ¾ of State Legislatures 26 of 27 Amendments adopted this way

SECOND Proposed by 2/3 of Congress Ratified by ¾ of Special State Conventions 21st Amendment adopted this way (Repealing Prohibition)

PROPOSED AMENDMENTS Congress does not present a proposed Amendment to the President for his signature or veto.

Proposed Amendments Continued States can change their minds if they first reject an Amendment (not the opposite) Only 27 finally ratified Congress can set deadlines for the ratification time allowed

Amendment Process Review Propose – to put forward; to plan; to make an offer Ratification – to officially approve How many ways are there to: Propose an amendment? Ratify an amendment?

Unit 3 We the People BILL OF RIGHTS First 10 Amendments to the Constitution

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First Amendment Free exercise of Religion Freedom of Speech Freedom of Press Freedom of Assembly and Petition Also Called RAPPS

SECOND AMENDMENT The Right to Bare Arms

Third Amendment No Quartering of Troops

Fourth Amendment No Unreason- able Searches and Seizures

Fifth Amendment Guarantee of Grand Jury No Double Jeopardy (can’t be tried for the same crime twice) No Self-Incrimination (Plead the fifth) Guarantee of Due Process (everyone gets treated the same) To taking of Property without Just Compensation ($) (eminent Domain)

O.J. Simpson cannot be charged for the same crime twice under the Fifth Amendment.

SIXTH AMENDMENT Right to Speedy, Public Trial Right to Trial by Jury Right to be informed of Charge Right to Confront Witnesses Right to obtain Witnesses Right to Counsel (Attorney)

SEVENTH AMENDMENT Trial by Jury in Civil Cases over $20 In the 1700’s twenty dollars was a lot more money than it is today. Now, for any dispute involving less than $ , small claims court will handle the case without a jury.

Eighth Amendment No Excessive Bail or Fines No Cruel or Unusual Punishment An early electric chair “Dunking” no longer used

8 th Amendment Continued Number of states that use which method of execution: Firing Squad - 3 Hanging - 4 Lethal Gas - 7 Electric Chair - 11 Lethal Injection - 33 The U.S. Supreme Court ruled in 1976 that the death penalty was constitutional First 8 amendments spell out personal liberties

Ninth Amendment Unenumerated Rights not Denied to the People People still have rights that they are entitled to that may not be expressed directly in the Constitution. This always goes back to Natural Rights…life, liberty and the pursuit of happiness. Includes the right to privacy

Tenth Amendment Undelegated Powers reserved for the States The tenth amendment sets up the basic principle of federalism The governmental powers not listed in the Constitution for the national government are powers that the states, or the people of those states, can have.

10 th Amendment Examples The states determine the rules for: marriages divorces driving licenses voting state taxes job and school requirements rules for police fire departments

What the Bill of Rights Represented Protection against a strong central government Protection of Individual liberties Protection through a trial by jury