1. Amending the Constitution

2. What allows us to amend? Article 5
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

3. Constitutional Amendments
Amendment- any change in the Constitution
Bill of Rights- first 10 amendments
Types of Amendments:
Individual Rights
Government Operations
Specific Laws

4. Amendment Process

5. In over 200 years, we have only amended the Constitution 27 times.
Why not more?
Necessary and Proper Clause- “elastic”
Supremacy Clause
Interpretation

6. Why is the Constitution and specifically the Bill of Rights SO important?

7. Bill of Rights

8. Amendment I Protects our civil liberties
Religion – everyone is free to worship as they please as long as no laws are broken
Speech – No slander
Press – No libel
Assembly – gather in groups, join clubs, political parties, etc.
Petition – Express ideas to the government – not threaten

9. Amendment II Controversy over meaning
Does it mean a militia member can carry arms
Does it mean individual citizens can have weapons
Courts ruled the government can make rules to control but not to prevent owning a weapon

10. Amendment III Americans did not like British quartering
In peacetime there can be no quartering
In wartime Congress must authorize

11. Amendment IV
Any government official must have a warrant to search your home or business
Warrants
Judge must issue upon probable cause
Must name the item
Must have an address
Must not have expired
Exclusionary Rule – illegally obtained evidence may not be used

12. Amendment V
People accused of serious crimes must have a grand jury indictment or the state equivalent
No double jeopardy
No self incrimination
Everyone is entitled to due process of law – following established legal procedures
Limits eminent domain – government can take property for public use but must pay a fair price.

13. Amendment VI More due process of law Know the charges against you
Trial by jury of peers (can request judge only)
Trial should be speedy and public
Obtain witnesses for their defense
Entitled to a lawyer if they can not afford one

14. Amendment VII Civil Cases Lawsuits If $20 or more is involved
Does not require a jury trial – can just go before a judge

15. Amendment VIII Applies to a person accused of a crime
No excessive bail or fines
Bail guarantees a person will show up for their trial
Must fit the crime
Can be denied
No cruel and unusual punishment
Time changes what is considered cruel
Methods of Execution

16. Amendments IX and X
Both secure the rights of the States and the people
IX – Citizens have more rights than those in the Bill of Rights
X – States have rights not denied them or expressly given to the United States Government

17. Amendments

18. Specifies cases that are not to be tried in the federal court system.
Amendment Eleven
Specifies cases that are not to be tried in the federal court system.

19. Amendment Twelve Revises the presidential election process
Electors vote separately for president and vice president.
If there is no clear winner the House of Representatives will elect the President and the Vice President will be elected by the Senate.

20. First of the Civil War or Civil Rights Amendments
Abolished Slavery
First of the Civil War or Civil Rights Amendments

21. Amendment 14
Citizenship defined
Granted citizenship to ALL persons born or naturalized in the United States
States can’t make laws that abridge the privileges or immunities of citizens of U.S.
Equal protection of the laws
No more 3/5 when counting representation

22. Right for all male citizens to vote
Amendment 15
Right for all male citizens to vote
Regardless of race, color or previous servitude.

23. The amendment authorized an income tax (Direct tax)

24. Direct election of senators
Amendment 17
Direct election of senators
Until this amendment state legislators appointed senators.
If there is a sudden vacancy the state’s governor appoints replacement to serve the term unless the State decides to fill the vacancy by special election

25. Prohibited the manufacture, transport, and sale of alcohol.
Amendment 18
Prohibited the manufacture, transport, and sale of alcohol.
Volstead Act defined alcohol as ½ of 1%

26. Women’s right to vote in national elections
Amendment 19
Women’s right to vote in national elections
Many States already allowed women to vote in State elections

27. Amendment 20 New date for term: January 20 Inauguration day
“Lame Duck” Amendment
New date for term: January 20 Inauguration day
Congress session starts January 3rd following election
If the President-elect dies before taking the oath the Vice President-elect becomes President

28. Repealed the 18th Amendment
Only amendment to ever repeal another amendment

29. Amendment 22 Limits president to two (2) elected terms or 10-years
George Washington set the precedent for 2 four year terms.
Everyone followed the precedent until Franklin D. Roosevelt.

30. Amendment 23 Washington D.C. receives three (3) electoral votes
Was given the same number as the least populated State
Does not have a seat in either the Senate or House of Representatives

31. Prohibits Poll Tax as a requirement for voting
Amendment 24
Prohibits Poll Tax as a requirement for voting

32. Twenty-Fifth Amendment
If the office of President is vacated the Vice President will take that office
The new President will nominate a Vice President to be approved by a majority vote of both the House and Senate
President must notify the President pro tempore and the Speaker of the House if they will be incapacitated and again when he is able to resume his duties

33. Presidential Succession Act of 1947
Vice President
Speaker of the House
President Pro Tempore of Senate
Secretary of State
Secretary of Treasury
Secretary of Defense
Other cabinet positions in the order they were created

34. Twenty-Sixth Amendment
Lowers national voting age to 18
Passed during Vietnam War
States may have a lower voting age for State elections

35. Twenty-Seventh Amendment
Any law that changes Congressional salaries, may not take effect until the next regular congressional election