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Changing Our Constitution: The Amendments. The Amendment Process. Amendment : a change to the Constitution Two ways to propose an amendment Congress may propose an amendment if it has been approved by 2/3 vote in Senate and House
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The Amendment Process • Amendment: a change to the Constitution • Two ways to propose an amendment • Congress may propose an amendment if it has been approved by 2/3 vote in Senate and House • A national convention can be called for by 2/3 of state legislatures • Has not been used
Two ways to pass an amendment • Ratified by state legislatures of ¾ of states • Ratified by conventions held in ¾ of states
The Bill of Rights (1791) • Protections of Individual Freedoms • First Amendment: Freedom of religion, speech, press, assembly, petition
Bill of Rights –cont- • Protections against abuses of power • Second Amendment: Right to bear arms • Third Amendment: Government can’t require people to house soldiers during peacetime • Fourth Amendment: Protects people from unnecessary search and seizure • Fifth Amendment: Requires government pay owners a fair price for property
Bill of Rights –cont- • Protections of the accused • Fifth Amendment: Protects accused of self-incrimination and from being tried twice for the same crime • Sixth Amendment: Right to a speedy, public and fair trial by jury for most criminal cases • Seventh Amendment: Right to a trial by jury in most civil cases • Eighth Amendment: Prohibits excessive bail, fines and cruel and unusual punishment
Bill of Rights –cont- • Protection of other rights • Ninth Amendment: Declares that rights not mentioned in the Constitution belong to the people • Tenth Amendment: Declares that powers not given to the national government belong to the states or to the people
Amendments that Made Fundamental Changes • Thirteenth Amendment (1865): Abolished slavery • Fourteenth Amendment (1868): • “Naturalizes” (grants citizenship to) anyone born in the US • Prevents state and local governments from denying people of life, liberty and property w/out taking certain steps (due process) • State must provide equal protection under the law to all people
Amendments that Expanded Suffrage • Fifteenth Amendment (1870): Gives right to vote to African Americans • Seventeenth Amendment (1913): Direct election of Senators • Nineteenth Amendment (1920): Gives right to vote to women • Twenty-third Amendment (1961): Establishes electoral votes for Washington, D.C. • Twenty-fourth Amendment (1964): Abolishes poll taxes • Twenty-sixth Amendment (1971): Lowers voting age to 18
Amendments that Refined Matters Affecting Congress • Twelfth Amendment (1804): Provides for separate voting of President and Vice President • Twentieth Amendment (1933): Shortened time between the election and when the president, VP and members of Congress take office • Twenty-second Amendment (1951): Limits President to two terms in office • Twenty-fifth Amendment (1967): Provides for what should happen on the death, disability, removal or resignation of a president
Amendments that Reflect Morality • Eighteenth Amendment (1919): Prohibition of alcohol • Twenty-first Amendment (1933): Repeal of Eighteenth Amendment
Other Amendments • Eleventh Amendment (1795) - Gives the Supreme Court authority to hear a suit against a state brought by a citizen of another state • Sixteenth Amendment (1913) – Established a graduated income tax • Twenty-Seventh Amendment (1992) – Requires that any law to increase congressional pay may not take effect until after an election
The Death Penalty • States with the death penalty • Information about the death penalty • A case of mistaken identity
Listed below are 8 possible actions a Washington, D.C., resident might take. Before each statement, write L (legal) if you think the court ruling makes the action legal, IL if you think it illegal or write DN if you don't know. • Buying a registered pistol • Receiving an unregistered pistol from a friend • Bringing a concealed pistol into a hospital • Bringing a pistol into a hospital • Keeping a loaded pistol openly on a table next to your bed • Hiding a loaded pistol in a drawer in a cabinet next to your bed • Keeping a disassembled pistol on the mantel of your living room • Buying a machine gun
Questions for Discussion • How do you interpret the Second Amendment? Address specifically • The connection between "a well-regulated militia" and "the right of the people to keep and bear arms“ and • The meanings you give to "people" and "arms" and why • Does your interpretation of the Second Amendment allow for any restrictions on gun ownership? If so, what and why? If not, why not? • What is your opinion of the Heller ruling? What are your reasons?