Changing the Constitution

“The Living Document”

Formal Changes• Proposing

Amendments

• 2/3 vote in both houses of Congress

• National Convention

• 2/3 of states must approve

Ratifying Amendments Approval of 3/4th of the legislatures or 38 states

Approval of ratifying conventions called by Congress (used only once for 21 Amendment)

Facts:

7 year limit on ratifying an amendment

Since 1789 more than 9,000 amendments have been proposed

27 amendments ratified

Informal Changes• Expansion of taxes

• Creation of cabinet departments in the executive branch

• Expanding the Judicial Branch

• None of these were official Constitutional Amendments.

"[A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse." --- Thomas Jefferson December 20, 1787

Bill of RightsThe first ten Amendments to the Constitution.

Madison originally proposed twelve.

The Amendments were ratified on December 15, 1791

The original copy of the Bill of Rights is located at the National Archives in Washington D.C.

www.nara.gov (www.nara.gov)

Amendment I

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Five Basic Freedoms

Freedom of Religion

Freedom of Speech

Freedom of Press

Freedom of Assembly

Freedom to Petition

Freedom of Religion

The right to exercise one's own religion, or no religion, free from any government influence or compulsion.

Congress cannot pass a law making any religion the official religion of the United States.

Freedom of Speech

The right to speak out without fear of punishment.

It also protects "symbolic speech.” This is nonverbal expression whose purpose is to communicate ideas.

Some examples of protected symbolic speech include works of art, T-shirt slogans, political buttons, music lyrics and theatrical performances.

Freedom of the Press

The right of newspapers to print whatever they feel is newsworthy without censorship.

World Press Freedom Committee 

http://www.wpfc.org/

Freedom of Assembly and

Petition• Freedom of Assembly provides the right to gather together in a group.

• Freedom of Petition provides the right to ask the government to change things.

• People are guaranteed these freedoms so far as they do not take away the freedoms of others.

African-American men from across the country gathered on Washington's National Mall October 16, 1995 for a massive Million Man March advocating "unity, atonement and brotherhood".

Million Man March

Second Amendment

• Right to organize state militias

• Right to bear arms

“From my cold, dead hands!”

Third Amendment• Prohibits Quartering

of soldiers:• In peacetime• Limits it in time of

war

Fourth Amendment

Prohibits unreasonable search and seizure of persons and property without a valid warrant

Officials must have probable cause and a search warrant

How do you feel about the Patriot Act?

Fifth Amendment

• Jury for serious criminal trials

• Prohibits military trials for civilians

• Prohibits double jeopardy (being tried for the same crime twice)

• Accused do not have to testify against him or her self, (self-incrimination) to Plead the Fifth.

Fifth Amendment cont.

• Guarantees inalienable rights without dues process (government must follow fair and lawful procedures)

• Prohibits government from taking private property for public use without just compensation

• Eminent Domain

Sixth Amendment• Right to speedy

trial• Accused to know

all charges• Accused can

question and obtain witnesses

• Right to a lawyer

Seventh Amendment

Guarantees a jury trial in most civil cases

Eighth Amendment

• Prohibits excessive bail and fines

• Prohibits “cruel and unusual punishment”

Ninth Amendment

• People have other basic rights in addition to those mentioned in Constitution.

Tenth Amendment

• Rights not given to federal government nor denied to the states are reserved to the states or to the people