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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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”

10. 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)

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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?

18. 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

19. 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

20. 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

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

22. 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

23. 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”

24. 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

25. 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

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