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The Constitution: A Living and Flexible Document
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The Amendments in review… AMENDMENTYEARSUMMARY 1 1791 Guarantees freedom of religion, of speech, and of the press; the right to assemble peacefully; and the right to petition the government 2 1791 Protects the right to possess firearms 3 1791 Declares that the government may not require people to house soldiers during peacetime 4 1791 Protects people from unreasonable searches and seizures 5 1791 Guarantees that no one may be deprived of life, liberty, or property without due process of law 6 1791 Guarantees the right to a trial by jury in criminal cases
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AMENDMENTYEARSUMMARY 7 1791 Guarantees the right to a trial by jury in most civil cases 8 1791 Prohibits excessive bail, fines, and punishments 9 1791 Declares that rights not mentioned in the Constitution belong to the people 10 1791 Declares that powers not given to the national government belong to the states or to the people 11 1798 Lawsuits against the states cannot be heard by the Supreme Court 12 1804 Electors must cast one vote for President and one for Vice President when Electoral College meets 13 1865 Abolition of slavery
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AMENDMENTYEARSUMMARY 14 1868 Citizenship and civil rights guaranteed for blacks 15 1870 Voting rights granted to African American men 16 1913 Federal income tax created 17 1913 Direct election of senators 18 1919 Prohibition of sale and manufacture of alcoholic beverages 19 1920 Voting rights granted to women 20 1933 Terms and inauguration of the President, Vice President, and Congress set
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AMENDMENTYEARSUMMARY 21 1933 Repeal of Eighteenth Amendment (End to Prohibition) 22 1951 President is limited to two terms of office or ten years total 23 1961 Electoral votes granted to the District of Columbia (3 electoral votes) 24 1964 Abolition of poll taxes 25 1967 Provisions for Presidential disability and the line of succession to the Presidency established 26 1971 Voting age lowered to 18-years-old 27 1992 Limits changing of congressional pay increases
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How does the Constitution address how times change in America? I.FLEXIBILITY A.The Constitution is flexible, able to redirect and expand the powers of government to serve the needs of society B.Flexibility based on the following Elastic clause Judicial interpretation of the Constitution Adoption of amendments Unwritten constitution
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The Constitution and the Amendment Process
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Methods of Proposal METHOD 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures [This method has never been used] METHOD 1 By 2/3 vote in both the House and the Senate [Most common method of proposing an amendment] Or
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Methods of Ratification METHOD 2 Ratified through conventions in ¾ of the states [Only been used once, to ratify the 21 st Amendment] METHOD 1 By legislatures in ¾ of the states [In all but one case, this is how amendments have been ratified] Or
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Amendment Process Methods of Proposal METHOD 1 By 2/3 vote in both the House and the Senate Or METHOD 2 By national constitutional convention called by Congress at the request of 2/3 of the state legislatures Methods of Ratification METHOD 1 By legislatures in ¾ of the states Or METHOD 2 Ratified through conventions in ¾ of the states.
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Suggested Amendment Topics Flag burning Allow non-natural born citizens to become President Identifying the official language(s) of the U.S. Definition of marriage Prayer in school Balanced budget for federal government Abolition of Electoral College Term limits on U.S. Senators & Representatives Death penalty for heinous crimes
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Unwritten Constitution… III.THE PRECEDENTS SET IN THE “UNWRITTEN CONSTITUTION” A.UNWRITTEN CONSTITUTION: Government practices not specifically set down in the Constitution, but based on customs and traditions 1.Judicial Review 2.Committee system in Congress 3.The Cabinet 4.Political parties (including third parties) 5.Two-term precedent broken by FDR, then added to the Constitution in 1951 (22 nd Amendment)
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How do individuals and groups influence the government? B.Dependence on large contributions 1.Large contributors will want favorable legislation in return 2.Also want favorable appointments C.Party Machines 1.Small group of insiders that control politics undemocratically 2.Led by political bosses who control elections and eliminate competition
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How do individuals and groups influence the government? D.Voting 1.Exercising democracy 2.Expanded by 15 th, 19 th, and 26 th Amendments E.Mass Media 1.Government responds to “the will of the people” 2.Public opinion guides politicians 3.1 st Amendment: Press should report news in an orderly fashion
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