Constitutional Amendments

Culture in America in

1787 No cars, few cities, no phones/tv/interneto Agrarian life - farmers

Problems that faced that America are in no way the ones that face America today

The people who wrote the Constitution wrote it with the needs and concerns of their time in mind

Framers knew they could not make a government

relevant for all time

“A Living Document” They made sure to leave room for adaptation to meet

the needs of future generations The Constitution has been in effect for 223 years

o Longer by far than the written constitution of any nation in the world

The Constitution is and is not the same one written in 1787

Constitutional change via formal and informal amendmentso To amend = to change

This allows the Constitution to grow and change with time – often referred to as a living document

Formal Amendment Process

Formal Amendment - Changes that become part of the written language of the Constitution.

Article V sets out Four Methods

26 Amendments were adopted using the first method

1 Amendment (21st) was adopted using the second method

First Method

Second MethodThird

Method

Fourth Method

Questions How does the formal amendment process

illustrate federalism? The proposal takes place at the national

level but ratification takes place on a State-by-State basis

How is popular sovereignty expressed in the amendment process?

The ultimate decision to formally pass any amendment is given to the people

Proposed Amendments There are currently 27 formal

amendments. More than 10,000 amendment

proposals have been sent to Congress since 1789, only 33 have reached the States; 27 have been ratified

The first ten Amendments are called the Bill of Rights (proposed in 1789; ratified 1791)o Sets out Constitutional guarantees for all

citizenso Remember, many people only agreed to

support and ratify the Constitution when a Bill of Rights was implemented

Fun with Amendments!!

Your job is to create a graphical representation of your amendment

This should be created on a one-page Word document with the Amendment written on the back

Your job (worth 1 bonus point) is to get your classmates to guess which amendment your picture represents

You may use clip-art, online images, or hand-drawn pictures to convey your amendment

No words or numbers are allowed on your picture Project is worth 20 points

www.ushistory.org/documents/amendments.htm

www.en.wikipedia.org/wiki/List_of_amendments_to_the_United_States_Constitution

27 Amendments!!! Bill of Rights (1791)1) First Amendment - Five freedoms; Freedom of

religion, speech, press; right to assembly, petitiono Note: each of these rights may be exercised only with regard

to the rights of all other persons

2) Second Amendment – Allows each state to keep a militia (National Guard); right to keep and bear arms

3) Third Amendment – Prohibits soldiers from staying in your home without your permission

4) Fourth Amendment – Prohibits unlawful searches and seizures

27 Amendments!!!5) Fifth Amendment – Rights of the Accused

o Criminal Proceedings: No trial unless indicted by a grand jury; No Double Jeopardy; No Self-Incrimination

o Due Process – Prohibits unfair, arbitrary actions by the Fed. Govto Eminent Domain – Govt can take private property for a legit

public purpose, but it must pay a fair price for it

6) Sixth Amendment – Right to Speedy Trial by Juryo Right to a fair and speedy public trial by an impartial jury; must

be informed of charge; has the right to confront accuser; to obtain witnesses; and is provided with an attorney

7) Seventh Amendment – Civil Trials – Right to a trial by jury in cases over $20; right can be waived if both parties agree to a bench trial (only a judge)

27 Amendments!!!8) Eighth Amendment – Prohibits excessive fines or bail; prohibits

cruel and unusual punishment

9) Ninth Amendment – Unenumerated rights of the people exist and cannot be infringed upon

10) Tenth Amendment – Those powers which are not given to fed. govt. and not prohibited for the states, belong to the states

Amendments 11-2711)(1795) No state may be sued in federal court by a citizen or a

foreign country

12)(1804) Establishes that the Electoral College must cast two votes: one for the President and one for VP

27 Amendments!!!13)(1865) Abolishes slavery and involuntary servitude

14)(1868) Citizenship granted through birth or naturalization; also through bloodo Due Process clause forbids a state to act in an unfair wayo Equal Protection clause forbids a state to discriminate

15)(1870) Prohibits denial of suffrage based on race, color, or previous servitude

16)(1913) Allows Federal Government to collect income tax

Civi

l War

Am

endm

ents

27 Amendments!!!17)(1913) Popular election of U.S. Senators

18)(1919) Prohibition of Intoxicating Liquors

19)(1920) Suffrage for women

20)(1933) “Lame Duck Amendment” - President starts January 20; Congress starts Jan. 3

27 Amendments!!!21)(1933) Repeals 18th Amendment – Prohibition

22)(1951) Limits Presidential tenure to 2 terms or 10 years

23)(1961) Gives the District of Columbia the same amount of voters in the Electoral College as the smallest state (3)

24)(1964) Outlaws the payment of a tax for voting

27 Amendments!!!25)(1967) Presidential Succession

I. If President dies, is removed, or resigns, VP takes over (Succession)

II. If VP vacancy, President nominates a successor and he is confirmed by majority vote in Congress

III. If President is incapacitated, he sends a letter to Congress and the VP takes over until he sends another letter declaring himself fit

IV. Allows VP and Cabinet to declare President unable to serve

26)(1971) Establishes minimum voting age of 18

27)(1992) An increase in pay for Congress isn’t effective until the next election

The Living Constitution: Changing Views of Free Speech

The 1st Amendment 1798

o Is it a crime to criticize the government in speech or writing?

1919o Should sending written

material to draftees urging them to resist the draft be unlawful?

1951o Does 1st Amendment

protect 11 Communists who advocated the overthrow of the

government? Decision Sedition Act is passed that

says yes

Court said yes: it creates a “clear and present danger” to national security (Schenck v. United States)

Court decides 1st Amendment does not protect them (Dennis v. United States)

The Living Constitution: Changing Views of Free Speech

The 1st Amendment 1969

o Does 1st Amd protect students who wear armbands in school to protest the Vietnam War?

1989o Should burning an

American flag as a political protest be allowed?

Decision Court says yes (Tinker v. Des

Moines School District)

Court said this is an example of “symbolic speech” (Texas v. Johnson)