Amending the Constitution

1. Amending the Constitution “We must never forget that it is…a Constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.”

2. The Amendment Process • The framers knew that whatever they came up with would have to be able to adapt to the unknown future-Their answer: Amendments • Amendments may be proposed and ratified in two ways

3. Proposing Amendments • One method is by 2/3s vote in the House and the Senate-the only method ever used • Examples: Amendment to lower income taxes is still being discussed

4. State Conventions • The other way to propose an amendment is to have two-thirds of the states ask Congress to call a convention • Page 77 examine the diagram for Amending the Constitution

5. Ratifying Amendments • When an amendment is proposed, Congress chooses one of two methods for obtaining state approval • 1. The legislatures in ¾ of the states ratify the amendment • 2. States hold special conventions and ¾ of the conventions ratify

6. Congress sets the rules • Congress sets a number of rules that apply to the ratification process • 1. States have a time limit: Current Limit 7 years

7. Informal Presidential changes to the Constitution

8. Presidential Succession • In 1841 William Henry Harrison became the first President to die in office. • When he died John Tyler assumed the powers of the President • But did he merely act as president until the next election?

9. However, Tyler took the Presidential Oath and some officials opposed Tyler’s interpretation of the Constitution but no one successfully challenged him. • Not until 1967 when the 25th Amendment clarified this issue did the issue become clarified

10. Foreign and Domestic Affairs • Modern Presidents often conduct foreign affairs by executive agreement, instead of the treaty process specified in the Constitution. • What is the difference?

11. What the Founders envisioned. • The Executive Branch would be mostly concerned about carrying out laws initiated by Congress • Yet, in this modern century, Presidents have been aggressive in requesting legislation from Congress • Thus, the President plays a far bigger role than the founders ever imagined

12. Court Decisions • When federal courts settle cases, they are usually interpreting the meaning of words and phrases in the Constitution that may not be very precise. • The Supreme Court plays the key role in this process

13. Judicial Review • So how does the Supreme Course interpret the Constitution? • The process is called Judicial Review • Two ways in which judges can use Judicial Review • -Judicial Restraint and Judicial Activism

14. Judicial Restraint • Judges should avoid taking the initiative on social and political issues • They should uphold acts of Congress unless the act clearly violates a specific constitutional provision • Policy making should be left to others

15. Judicial Activism • The court should actively help settle the difficult and social and political questions of the day. • Earl Warren (1953-1969) his court decided many controversial cases involving the civil rights of minorities • Liberal or Conservative?

16. Can court rulings be changed? • They can- for example in 1896 the court ruled that Separate But Equal facilities were Constitutional as long as those facilities were equal • More than a half century in 1954 the court reversed its position when it decided that “separate educational facilities were inherently unequal”

17. Other ways it can be changed • Political parties are a good example • The constitution does not mention political parties • But they play an important role in elections and shape how Congress conducts its business

18. The Bill Of Rights • Protected individual rights by limiting government powers • These were added after the Constitution was created and adopted • The Incorporation Doctrine

19. 1st Amendment: The Big One • Protects the right of Americans to worship as they please. Which means they can choose not to worship • Freedom of Religion and Separation of Church and State • It also protects the freedom of speech and freedom of the press

20. It also protects the the expression of ideas in newspapers, books, radio, and television. • That has expanded to include movies and the Internet • Prior Restraint • Not unlimited: Laws exist that prohibit slander and libel

21. 2nd Amendment • The right to bear arms • Is this prevalent today? • One of the few amendments that has not been incorporated into state law

22. 3rd Amendment • Prohibits the government from forcing people to provide shelter for soldiers • Could change in times of war.

23. 4th Amendment • Limits the government’s power to conduct searches and seizures by protecting the rights to privacy. • Authorities must have a specific reason for search and seizure • Key terms: Probable Cause, Search Warrant, Arrest Warrant

24. 5th Amendment • 1. You cannot be tried for a crime unless a grand jury has decided there is enough evidence to justify a trial • 2. A person found innocent cannot be tried again for the same offense • 3. No one may be forced to testify against himself or herself • 4. No one can be deprived of life, liberty, or property without due process of the law.

25. 6th Amendment • Grants an accused person several important rights • 1. The right to a speedy and impartial trial by jury • This will prevent the government from putting in jail a majority of its critics. • However, you could request a trial by a single judge if you request it

26. 7th Amendment • Right to a trial in federal court to settle all disputes about property worth more than 20 dollars • 8th Amendment: Prohibits Excessive Bail • Prohibits making someone pay an excessive fine for a crime • Bans Cruel and Unusual Punishment

27. 9th Amendment • All other rights not spelled out in the Constitution are “retained by the people” • Why did they do this?

28. 10th Amendment • “Powers not delegated to the United States…nor prohibited to the states, are reserved to the states respectively or to the people”