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Amending the Constitution

Explore the process of amending the Constitution, the protection of individual rights, and the significance of key amendments throughout history.

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Amending the Constitution

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  1. Amending the Constitution “We the people” want to change this!!!!

  2. The Amendment Process • Proposing + Ratifying (approving) • Step 1: Proposing Amendments (2 Methods) • 2/3 vote of each house of Congress (the only method used to date) • 2/3 of the states can request that Congress call a national convention

  3. Ratifying Amendments • 2 Ways: • Legislatures in 3/4 of the states ratify (approve) the amendment) OR • Each state may call a special ratifying convention. THEN, 3/4 of the conventions must approve it. • **A state that rejects an amendment by method #1 can reverse their decision and approve the amendment

  4. What if a state legislature approves an amendment and then revokes ratification? • Equal Rights Amendment (ERA): would prohibit discrimination on the basis of gender • 35 states approved of it BUT then 5 changed their minds • Is state revocation Constitutional?

  5. Are these actions acceptable under the 1st Amendment? • Wearing a jacket that says “F**K THE DRAFT” in a court house? • Cohen v. California • Burning your draft card on the steps of a courthouse? • United States v. O’Brien

  6. Is this a violation of the 4th Amendment • The officer noticed the Petitioner talking with another individual on a street corner while repeatedly walking up and down the same street. The men would periodically peer into a store window and then talk some more. The men also spoke to a third man whom they eventually followed up the street. The officer believed that the Petitioner and the other men were “casing” a store for a potential robbery. The officer decided to approach the men for questioning, and given the nature of the behavior the officer decided to perform a quick search of the men before questioning. A quick frisking of the Petitioner produced a concealed weapon and the Petitioner was charged with carrying a concealed weapon.

  7. The Supreme Court Case • Terry v. Ohio • Created a “2 Prong Test” • Reasonable suspicion that a crime has, is, or will be committed • Has a reasonable belief that the person “ may be armed and presently dangerous” • This has been extended to include car compartments • Requirement of identification (passed in 24 states) • Police can frisk an individual in a stopped vehicle

  8. The AmendmentsBill of Rights (1-10) • Freedom of religion, speech, assembly, petition • Right of the people to keep and bear arms • People cannot be forced to house soldiers in peacetime • Protects against unreasonable search and seizure and warrants must be based on probable cause • No one cal be held for a serious crime without being presented to a grand jury; double jeopardy; the right to avoid self-incrimination; no one can be deprived of life, liberty or property without due process, the right to eminent domain

  9. Bill of Rights • All criminals have the right to a speedy and public trial by an impartial jury, the accused can confront any witnesses called against them and call their own witnesses; the accused has the right to counsel • Civil cases can be tried in front of a jury • No excessive bail, fines or cruel and unusual punishment • The people have the rights granted by the Constitution but others as well • The powers of the federal government are limited to those in the Constitution

  10. The AmendmentsAlso Part of the Bill of Rights(11-12) • Prohibits a state from being sued in federal court by citizens of another state or of another nation • Provides for the use of separate ballots for when the Electoral College votes for president and vice president

  11. The Amendments“The Civil War Amendments” (13-15) 13. Abolished slavery • Grants everyone equal protection under the law -Originally intended to protect the rights of freed slaves 15. Voting rights cannot be deprived to any person based on race, color, or former status as a slave

  12. “The Twentieth Century Amendments”16-27 • Authorized the income tax • Established direct election of US senators • Prohibited the manufacturing, importing and exporting of alcoholic beverages • Prohibited the forbidding the right to vote to any citizen based on sex • Changed the details of Congressional and presidential terms • Repealed the 18th Amendment

  13. The 20th Century Amendments Cont. 22. Limits the President to 2 terms • Granted Washington D.C. presidential electors • Prohibited the requirement of payment of a poll tax as a requirement for voting • Provides for the succession to the office of the president in the event of death or incapacitation • Lowered the national voting age to 18 • Limits congressional pay rates

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