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Recap

Recap. Name the 6 Basic Principles of our government. Popular Sovereignty Federalism Judicial Review Limited Government Checks and Balances Separation of Powers What are the 3 branches of our government? Legislative Executive Judicial. Formal Amendment Process to the Constitution.

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Recap

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  1. Recap Name the 6 Basic Principles of our government. • Popular Sovereignty • Federalism • Judicial Review • Limited Government • Checks and Balances • Separation of Powers What are the 3 branches of our government? • Legislative • Executive • Judicial

  2. Formal Amendment Process to the Constitution Chapter 3, Section 2

  3. First Method • May be proposed by a 2/3 vote in each house of Congress and ratified by ¾ of the state legislatures. • 38 of the State legislatures today. • Most amendments are added this way. • Why use this method? • Decision making stays out of conventions that take a lot of time and money to organize.

  4. Second Method • Proposed by Congress and then ratified by conventions (called for that purpose) in ¾ of the states. • Only the 21st Amendment was added this way. • Why use this method? • If you want the decision to stay out of the hands of the state legislatures… i.e. taking power away from them.

  5. Third Method • Proposed by a national convention, called by congress at the request of 2/3rds of the state legislatures (34). • Must then be ratified by ¾ state legislatures. • This has never happened, but could… • Why use this method? • If it is an amendment that is more likely to be passed by the American people, not legislatures.

  6. Fourth Method • Proposed by a national convention and ratified by conventions in ¾ of the States. • The Constitution itself was adopted in much the same way. • Why use this method?? • If the amendment is one that national government officials are not likely to accept- such as lowering pay for congressmen.

  7. Restrictions Made on Proposed Amendments • “No State, without its Consent, shall be deprived of its equal Suffrage in the Senate.” • So, basically anything can be proposed, not many amendments actually get passed, but A LOT get proposed.

  8. Bill of Rights First 10 Amendments to the Constitution Added because of the demands of the Anti-Federalists during the ratification process.

  9. 1st Amendment • Freedom of Religion, Speech, Press, Assembly and Petition.

  10. 2nd Amendment • The Right to bear Arms.

  11. 3rd Amendment • Quartering of Troops • This amendment was intended to prevent what had been common British practice in the colonial period…making colonists house British troops against their will.

  12. 4th Amendment • No illegal Searches and Seizures • Police have no general right to search whatever they want. • Evidence gained through an illegal search cannot be used in court.

  13. 5th Amendment • Criminal Proceedings, Due Process, Eminent Domain • A person can only be charged for a serious federal crime if they are accused of the crime by a grand jury. • No one can be subjected to Double Jeopardy (being tried for the same crime twice). • Protection against self incrimination. • Eminent domain- the government may take private property for public use if the owner is given a fair price.

  14. 6th Amendment • Criminal Proceedings • If you are accused of a crime, you have the right to be tried in court; in a reasonable amount of time, by a jury. • You also have the right to bring in witnesses, and have an attorney.

  15. 7th Amendment • Civil Trials • Details what a Civil Trial is: • Between private parties, or between the government and private parties. • A jury is guaranteed in any civil trial where the dollar amount being fought over exceeds $20.

  16. 8th Amendment • Punishment for Crimes • Bail- the money that a person accused of the crime may be required to deposit with the court as a guarantee that he or she will appear in court at the proper time. • The amount of bail must be reasonable for the crime that they are being accused. • Ex- $2 million bail for shoplifting a video game…not reasonable.

  17. 9th Amendment • Unenumerated Rights • Just because the government sets out specific rights for it’s citizens, that doesn’t mean that they are denied any rights that were not added.

  18. 10th Amendment • Powers Reserved to the States • If the US Constitution does not guarantee a specific right, the states are given permission to grant those rights to their citizens. • Added because the Anti-Federalists were strong believers in states’ rights.

  19. Assignment • Come up with a new amendment to the Constitution (in groups of 2-4)- must be appropriate! • Write it out as it will be proposed to the government (sounding constitutional). • Choose which way you will go about getting it past (which of the 4 methods…think carefully about which one would be the best method). • Explain why you chose that method. • (A LIST OF THE 27 CURRENT AMENDMENTS ARE ON PAGE 76) • Must present to the class. • Write each group member’s name on your paper and turn in after presentation.

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