Amending the U.S. Constitution

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Amending the U.S.
Constitution
Social Studies
Mrs. Roberts
Amendment?
Page 1

Any change to the Constitution is an
amendment.
Amendment Process
Page 1


The Framers of the Constitution wanted to make
the Constitution flexible, but not so easy to
amend that it would not be respected.
Writers deliberately made the amendment
process difficult.


Any small change could have dramatic effects on
U.S. government.
Cannot be changed without the overwhelming support
of the PEOPLE!
Amendment Process
Page 2

The ability to change (amend) the
Constitution is clearly necessary.

They safeguard many freedoms we take for
granted, such as the abolition of slavery and
the right to vote for women.
Amendment Process

In the Declaration of Independence,
Thomas Jefferson stated that people have
the right to overthrow a government that
does not protect their rights

If the Constitution could not have been
amended to protect the rights of African
Americans and women, our government
would not have survived.
Amendment Process
Page 3

Draw the amendment process that can be
found on page 127 in your textbook.
Amendment Process
Page 4
Article V in the Constitution explains the two
steps in the amendment process:

1.
•
•
An amendment must first be proposed.
An amendment can be proposed by vote of twothirds of members of both houses of Congress.
OR
Amendment proposed by national convention called
at the request of two-thirds of state legislatures.
This has never happened.
Amendment Process
Amendment Process Continued…

2.
•
•
Amendment must be ratified (approved).
Approved by ¾ of state legislatures.
OR
Approved by ¾ of ratifying conventions held
in each state.
Ratification
Only one amendment, the 21st
amendment, was ratified by state
conventions.
 More than 9,000 amendments have been
proposed. Only 27 have been ratified.

Bill of Rights
Page 5

The Bill of Rights is the first ten
amendments to the U.S. Constitution.
Describes the powers and rights of American
citizens.
 Reflect the belief of limited government.
 Place strict limits on how the national
government can use its power over the
people.

Bill of Rights
Page 6

First Amendment

Freedom of religion,
speech, press,
assembly, and
petition.

Second Amendment

Right to bear arms.
Bill of Rights

Third Amendment

Quartering Troops

The federal government
cannot force citizens to
quarter, or house,
soldiers.

Fourth Amendment

Search and Seizure

Protects citizens
against unreasonable
search and seizures.
Bill of Rights

Fifth Amendment

Rights of an Accused Person
 No
one can be put on trial without being indicted,
or formally accused, by a group of citizens called a
grand jury.
 Double jeopardy
 Right to remain silent.
 Guarantees that people cannot be forced to testify
against themselves.
Bill of Rights

Fifth Amendment continued…

No one may be denied life, liberty, or property
without due process of law.
 This
means following procedures of law and
guaranteed by the Constitution.

Protects a person’s property rights.
 Limits
the government’s power of eminent
domain.

Eminent domain is the right of government to take
private property (usually land) for public use.
Bill of Rights
Page 7

Sixth Amendment

Right to a Speedy, Fair Trial
 Requires
that the accused be told of the exact
nature of the charges against them.
 Must be allowed a trial by jury.
 Right to hear and question all witnesses against
them.
 Permitted to call witnesses in their defense.
 Entitled to a lawyer.

If the person cannot afford a lawyer, the government will
appoint one.
Bill of Rights

Seventh Amendment

Civil Suits
 The
right to a jury trial in civil cases if the amount
of money involved is more than $20.00.
Bill of Rights

Eighth Amendment

Bail and Punishment
 Forbids
excessive bail
 Forbids “cruel and unusual punishment.”

The punishment should be in proportion to the crime.
Bill of Rights

Ninth Amendment

Powers Reserved to
the People

The rights spelled out in
the Constitution are not
the only rights of the
American people.

Tenth Amendment

Powers Reserved to
the State

Any powers the
Constitution does not
specifically give to the
federal government are
reserved for the states
or the people.
Amendment 11
Page 8

Suits Against States

A lawsuit brought by a citizen of the United
States or a foreign nation against a state must
be tried in a state court, not a federal court.
Amendment 12

Election of President and Vice President
Passed to prevent a tie between the President
and Vice President.
 People now vote for them as a set, not
separate!

Amendment 13

Abolition of Slavery

Prohibits slavery of any form.
Amendment 14

Rights of Citizens
Grants citizenship to all people born in the
United States.
 Guarantees due process of law.

Amendment 15

African American Suffrage

Right to vote for African Americans
Amendment 16
Page 9

Income Tax

Congress has the power to tax the citizens of
the United States.
Amendment 17

Direct Election of Senators

The right to elect senators was given directly
to the people of each state.
Amendment 18

Prohibition of Alcohol

Prohibited the production, sale, or
transportation of alcoholic beverages in the
United States.
Amendment 19

Woman Suffrage

Gave all women the right to vote.
Amendment 20

“Lame Duck” Amendment
Shortened the time between the President’s
and Vice President’s election and
inauguration.
 Ended “lame duck” sessions of Congress.
 “Lame ducks” are Presidents and members of
Congress waiting to leave office after retiring
or failing to gain reelection. They no longer
had any political power.

Amendment 21
Page 10

Repeal of Prohibition Amendment (18)

Repealed the 18th amendment which forbade
the production, sale, and transportation of
alcoholic beverages.
Amendment 22

Limit on Presidential Terms
A President cannot serve more than two
terms in office.
 Passed after President Roosevelt was elected
to four terms as President.

Amendment 23

Presidential Electors for the District of
Columbia

Grant people living in Washington D.C. the
right to vote in presidential elections.
Amendment 24

Abolition of the Poll Tax
A poll tax was a fee that people were required
to pay to vote in a number of Southern States.
 This amendment ended poll taxes as a
requirement to vote in any election.
 A form of racial discrimination!

Amendment 25

Presidential Disability and Succession
The Vice President become President if the
President dies, resigns, or is removed from
office.
 The new President will then appoint a Vice
President with the approval of Congress.

Amendment 26

Eighteen-Year Old Vote
Made 18-year-olds eligible to vote in all
elections.
 Until this amendment in 1971, you had to be
21.
 Many people used the Vietnam War to justify
the adoption of the 26th amendment. They
argued that those old enough to fight and die
for their country were also old enough to vote.

Amendment 27

Restraint on Congressional Salaries

States that any increase in salaries of the
members of Congress will take effect in the
next session of Congress.
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