Formal Process
• Amending the Constitution requires two formal steps. It begins by proposing an amendment, which can be done by either both chambers of Congress, passing it by a two-thirds vote or by two-thirds of the states requesting a convention be held to consider amendments. If either occurs, the proposed amendment must then be ratified by either three-fourths of the state legislatures or three-fourths of the state conventions. The state convention methods have never been used as of publication
Informal Process
• The informal process, used by all branches of government, doesn't actually amend the Constitution. Instead, it refers to changes in how we interpret and use it. This can happen when Congress passes or revises legislation, when the president expands or revises the role of that office through executive actions, and when the courts interpret the meaning and intent of what is contained in the Constitution. Long held customs can also be considered informal changes or amendments.

There have been times when it seems as though the Supreme Court amended the Constitution by the way it construed the language of the Constitution in certain cases and in the way court decisions are overruled from time to time. This is sometimes referred to as an
"informal amendment," a misleading term.
The most important example of interpretation is from the case of
Marbury v. Madison, (1803) where the Supreme Court ruled that it had the judicial power to determine whether or not a particular law or governmental action is proper under the Constitution. This power is known as "judicial review." There is nothing in the US Constitution that specifically gives this power to the Supreme Court; however the
Supreme Court reasoned that such power is necessarily included within the judicial power given to the Supreme Court under Article III.

• English Bill of Rights was not so much for the commoner as it was for Parliament, and rules that the Monarch would have to follow. As a matter of fact, the only real similarity was the provision against cruel and unusual punishment for prisoners, as well as excessive bail (8th
Amendment) Freedom to peacefully assemble
(somewhat) against the government (1st Amendment) and the right to bear arms (2nd Amendment). However, just like our Bill of Rights, the English Bill of Rights was heavily influenced by John Locke and other libertarians of his time.

• The Thirteenth Amendment to the United States
Constitution officially abolished and continues to prohibit slavery to this day.
• The Fourteenth Amendment to the United States
Constitution declared that all persons born or naturalized in the United States are American citizens including
African Americans.
• The Fifteenth Amendment to the United States
Constitution prohibits each government in the United
States from denying a citizen the right to vote based on that citizen's race, color, or previous condition of servitude.

• Though the Civil War began the movement to extend equality to African Americans, the promises of the 13th,
14th and 15th Amendments provide easier to accomplish in theory rather than in practice. The promising start towards racial equality soon faltered during the tensions of Reconstruction and laws were soon enacted across the country which enforced segregation of the races and the second-class status of African Americans
• Since the end of the Civil War, people of all races, colors, creeds and beliefs continue the struggle to make
America a nation where truly "all men are created equal."

• The 14 th amendment made African
Americans (which are minorities) citizens of the united states, which extended their rights and made everyone equal no matter what race or gender.

• 16th amendment :Amendment to the United States Constitution gave Congress the power to tax income.
• 17th Establishes the direct election of United States Senators by popular vote.
• 18th Prohibited the manufacturing or sale of alcohol within the United
States.
• 19th Prohibits the denial of the right to vote based on sex

• Allowing Americans to choose their own senators seems so obvious that it is hard to remember that the nation’s founders didn’t really trust voters with the job. The people were given the right to elect
House members. But senators were supposed to be a check on popular rowdiness and factionalism. They were appointed by state legislatures, filled with men of property and stature.
• PRO:
* It's the people whom they represent, they ought to be elected by them. State legislatures don't represent the will of the people.
* Open to corruption under old system (easier to buy seats when the number of people you have to bribe is a couple dozen, not a couple million)
CON:
* The Senate is supposed to be a deliberative body, one not hostage to the whims of a fickle and emotional (to the detriment of their ability to think clearly) public opinion.
* If both the House and Senate are now elected by the people, what's the point of the Senate? (my understanding)

• The progressive amendments represented the will of the people by earning a lot of rights that made people equal no matter what race , or sex , they also supported many groups to win these rights, and they wanted to give people the opportunity for people to vote directly for their senators.

• 15th Prohibits the denial of the right to vote based on race, color, or previous condition of servitude
• 19th Prohibits the denial of the right to vote based on sex.
• 24th Prohibits the revocation of voting rights due to the non-payment of a poll tax.
• 26th Prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account of age.

• Why was a change needed tot elect a president and vice on the same ticket?
• Since ballots did not distinguish between votes for President and votes for

• 12th Revises presidential election procedures.
• 20th Changes the date on which the terms of the President and Vice
President (January 20) and Senators and Representatives (January
3) end and begin.
• 22nd Limits the number of times that a person can be elected president: a person cannot be elected president more than twice, and a person who has served more than two years of a term to which someone else was elected cannot be elected more than once.
• 23rd Grants the District of Columbia electors (the number of electors being equal to the least populous state) in the Electoral College .
• 25th Addresses succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice
President, as well as responding to Presidential disabilities.

• The long debate over lowering the voting age in America from 21 to
18 began during World War II and intensified during the Vietnam
War, when young men denied the right to vote were being conscripted to fight for their country. In the 1970 case Oregon v.
Mitchell, a divided U.S. Supreme Court ruled that Congress had the right to regulate the minimum age in federal elections, but not at the state and local level.
• These extensions state that voting rights can’t be abridged or denied by color or race or sex.

• The lame duck amendment is reffered to the 20 th amendment which states that presidential and congressional term date changes it was needed In the original Constitution, the President, Vice President and members of
Congress did not take office until March 4; four months after the election.
This was necessary because, in the 18th century, it would take several months for a newly elected official to put his affairs in order and make the difficult journey to the capitol.
• As transportation, telecommunications and technology improved, less time was needed to arrange affairs and travel. The four months between the election and when officials were seated did, however, create a long period in which “lame duck” officials were still in power. These outgoing officials, especially when large numbers of them were outgoing, could create laws and mischief for which they had no mandate. This was a major problem problem in 1861 and 1933.
• The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

• So the president won’t take over the country and by limiting his term that will guarantee the rights of citizens and will set equality for all, No one is eligible to be
President more than twice)
…and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President
(this includes anyone that was not elected but filled in for another person that was elected president for at least 2 years of the term)

• The 23 rd amendment provided presidential vote for district columbia( the congress directs a number of electors for president and vice president equal to the whole number of senators and representives) and that its treated as a state although its not one .

The circumstances in which presidential succession might be used:
• The removal of the president from his office or death or resignation
•
. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress .
•
Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the
Vice President as Acting President .
•
Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

• 11th Makes states immune from suits from out-of-state citizens and foreigners not living within the state borders; lays the foundation for sovereign immunity.
• 21st Repeals the 18 th amendment and prohibits the transportation or importation into the United States of alcohol for delivery or use in violation of applicable laws.
• 27thDelays laws affecting Congressional salary from taking effect until after the next election of representives

• Limited filling lawsuits: because every court may be different and have different rules and some people might take advantage of it and pick the court which is most favored.
• There is some dispute over whether the provision regarding congressional compensation passes muster.
The 27th Amendment to the U.S. Constitution prohibits a sitting Congress from increasing or decreasing its own pay, although it can change the pay of future legislative bodies. It’s unclear whether the current language of the bill regarding holding pay in escrow circumvents the amendment.

• The first 10 amendments known as the Bill of Rights were proposed together in 1789 and enacted in 1791. The 1st amendment protects the freedom of religion, speech, and the press, as well as the right to assemble and petition the government. It has been clarified over the years to determine where boundaries are for the rights. For example, a classic is not yelling Fire! in a crowded theater. It is not a protected right and is treated as inciting a riot and endangering lives.
The right to assemble has been clarified to include that permits may be required and property rights and any damage still needs to be respected. Freedom of the Press has been limited to exclude racist and seditious remarks. The freedom of religion still does not allow sacrificial murder.
• Freedoms gives citizens the chance to participate , it also allows them to practice their beliefs and that the government doesn’t have all the power to control the county .
• The government balances it by giving a every individual rights and orders to do , so if a person doesn’t follow the order the law will court him .

•
Protects the
.
• 3 rd Prohibits
of soldiers in private homes without the owner's consent during peacetime.

• Arguments FOR GUNS
• 1. The 2nd amendment of the Constitution has been interpreted that citizens have the right to bear arms. Specifically, there are two clauses. The first reads “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed”. In 2008, the Supreme Court ruled in
District of Columbia v.
• 2. Citizens have the right to own arms to protect themselves. If someone had guns on school campuses, gunmen looking to cause major damage could be shot and more lives would be saved.Statistics have shown that in the places with high rates of homicide by firearm, there is no real correlation with gun ownership.
• 3. Hunting and shooting are legitimate sports that take skill. Hunting also provides a necessary service of keeping certain animal populations from becoming a problem. This also provides meat for people to eat and a way for people to be self-sufficient.

• Arguments AGAINST GUNS
• 1. Many issues were seen by the Supreme Court more than once. If the social justice laws of 1964 were since 20 or 30 years earlier, they would have been voted against as well. The Constitution was made to be slightly malleable depending on the social culture of its people.
• 2.Just owning a gun puts you more at risk for being hurt by that gun, so why do it?
• 3. hunting is not a sport it’s just a way of destroying nature.

• 4th Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate.

• Reasonable suspicion is a reasonable presumption that a crime has been, is being, or will be committed. It is a reasonable belief based on facts or circumstances and is informed by a police officer’s training and experience.
Reasonable suspicion is seen as more than a guess or hunch but less than probable cause.
• Probable cause is the logical belief, supported by facts and circumstances, that a crime has been, is being, or will be committed.
• The difference between the two terms is that probable cause means there is concrete evidence of a crime, whereas reasonable suspicion is open to broader interpretation. Reasonable suspicion indicates that it appears that a crime has been committed; the phrase often is used to justify investigation into suspicious behavior when a crime may have been committed.

• 1. Search Incident to Lawful Arrest
• A search incident to lawful arrest does not require issuance of a warrant. In other words, if someone is lawfully arrested, the police may search her person and any area surrounding the person that is within reach (within his or her “wingspan”).
• 2. Plain View Exception
• No warrant is required to seize evidence in plain view if the police are legitimately in the location from which the evidence can be viewed. For example, an officer cannot illegally enter a suspect’s back yard and then use the plain view exception to seize an illegally kept alligator living in the pool. But, if on the premises to serve a warrant duly issued to search for marijuana plants, the alligator, if in plain view, can rightly (though by no means easily) be seized.
• 3. Consent
• If consent is given by a person reasonably believed by an officer to have authority to give such consent, no warrant is required for a search or seizure. So, if a suspect’s "significant other" provides police with a key to the suspect’s apartment, and police reasonably believe that she lives there, the search will not violate suspect’s Fourth Amendment rights even if she did not live there and even if she, in fact, lacked authority to consent, .

•
4. Stop & Frisk
•
Police may stop a suspect so long as there is a reasonable suspicion of a criminal act. The evidence necessary for “reasonable suspicion” here is something beyond mere suspicion, but is less than the level required for probable cause . If there is reason to believe that the person may be armed and dangerous, the police can also
•
5. Automobile Exception
• Because vehicles are obviously highly mobile, a warrant is not required to search vehicles if police have probable cause to believe the vehicle contains evidence of a crime, the instrumentalities of crime, contraband, or the fruits of a crime. Although commonly referred to as the “automobile exception,” this rule applies to any vehicle, including boats. While in some ways, it is quite a broad exception, this rule limits the ability to search those areas which might contain evidence of the type suspected to be present. In other words, if police suspect that the occupant of a boat is smuggling people across the border, searching a small tackle box on board would not be permissible. However, if they were looking for drugs, they could search the tackle box. The rationale is that, if an officer has to take the time to obtain a warrant, the vehicle might be out of reach before the warrant can be issued and executed.
•
6. Emergencies/Hot Pursuit
• The rationale here is similar to the automobile exception. Evidence that can be easily moved, destroyed or otherwise made to disappear before a warrant can be issued may be seized without a warrant. Furthermore, if a suspect enters private property while being pursued by officers, no warrant is required to enter that property in order to continue pursuit, even if the suspect is in no way connected with the property owner.

• The courts would exclude Because the evidence was earned in an illegal way , so it violated the rights of the the person so it will be excluded .
• 4th amendment protections are different for students: because students in school have many security systems to protect them pother than holding guns such as: police and camera systems, so students don’t have the rights to carry guns because that would violate other students rights.

• 5 th
Sets out rules for indictment by grand jury and eminent domain , protects the right to due process , and prohibits selfincrimination and double jeopardy .
• 6th
Protects the right to a fair and speedy public trial by jury , including the rights to be notified of the accusations , to confront the accuser , to obtain witnesses and to retain counsel .

• The 5 th amendment protects people from abitrary government actions by:
• The 6 th amendment maintains the right of accused people by
: (1) the right to a Speedy
Trial ;(2) the right to a public trial; (3) the right to an impartial jury; (4) the right to be informed of pending charges; (5) the right to confront and tocrossexamine adverse witnesses; (6) the right to compel favorable witnes ses to testify at trial through the subpoena power of the judiciary;and
(7) the right to legal counsel. Ratified in 1791, the Sixth Amendment originally applied only to criminal actions brought by the federalgove rnment.

• The Fifth Amendment expressed the concern that Americans had over the possibility that the federal government would enslave people, confiscate their assets, or kill them without due process of law. They understood that this is what governments throughout history had done.
They figured that given the right circumstances — like a “crisis” — the U.S. government would be fully capable of doing the same things, both to citizens and non-citizens.

• The public trial secures a fair trial by : keeping the case away from public and press so that nothing can affect the case .
• 7thProvides for the right to trial by jury in certain civil cases , according to common law .
• 8 th Prohibits excessive fines and excessive bail , as well as cruel and unusual punishment .
• 9 th Protects rights not enumerated in the Constitution.
• 10 th Reinforces the principle of federalism by stating that the federal government possesses only those powers delegated to it by the states or the people through the Constitution.

• The 8 th amendment limits the power of the government by no cruel or harsh or unusual punishments and no excessive bail so the government can’t just decide by itself what to do and can’t take advantage of it for some reasons.
• The 9 th amendment secures the rights of civil liberties , as the people have more rights than what is just listed in the constitution , so they can basically do whatever they want if it doesn’t contrary the constitution.
• The 10 th amendment limits the power of federal government that the federal government only has the powers listed in the constitution and all other powers belong to the states and citizens.
• Search and seizure warrant apply to police and all other apply to court.

• Majority rule is limited in order to protect minority rights, because if it were unchecked it probably would be used to oppress persons holding unpopular views. Unlimited majority rule in a democracy is potentially just as despotic as the unchecked rule of an autocrat or an elitist minority political party.
• Democracy Requires Minority Rights
• Yet majority rule can not be the only expression of "supreme power" in a democracy.. Thus, while it is clear that democracy must guarantee the expression of the popular will through majority rule, it is equally clear that it must guarantee that the majority will not abuse use its power to violate the basic and inalienable rights of the minority. For one, a defining characteristic of democracy must be the people's right to change the majority through elections. This right is the people's "supreme authority." The minority, therefore, must have the right to seek to become the majority and possess all the rights necessary to compete fairly in elections —speech, assembly, association, petition —since otherwise the majority would make itself permanent and become a dictatorship. For the majority, ensuring the minority's rights becomes a matter of self-interest, since it must utilize the same rights when it is in minority to seek to become a majority again. This holds equally true in a multiparty parliamentary democracy, where no party has a majority.

• The government guaranteed rights for minority groups by giving them voting rights
• Works Cited
• "443 U.S. 368." 443 U.S. 368 . N.p., n.d. Web. 11 Nov. 2014.
<https://bulk.resource.org/courts.gov/c/US/443/443.US.368.77-1301.html>.
• "List of Amendments to the United States Constitution." Wikipedia .
Wikimedia Foundation, 11 Sept. 2014. Web. 11 Nov. 2014.
<http://en.wikipedia.org/wiki/List_of_amendments_to_the_United_States_C onstitution>.
• "Majority Rule/Minority Rights: Essential Principles." Democracy Web . N.p., n.d. Web. 09 Nov. 2014.
<http://www.democracyweb.org/majority/principles.php>.
• United States. National Park Service. "Civil War to Civil Rights." National
Parks Service . U.S. Department of the Interior, 11 Nov. 2014. Web. 11 Nov.
2014. <http://www.nps.gov/civilwar/civil-war-to-civil-rights.htm>.
• "Women's Rights Movement." Dictionary of American History. 2003,
"Women's Rights." West's Encyclopedia of American Law. 2005, "Women’s
Liberation." International Encyclopedia of the Social Sciences. 2008, and
"womens Liberation." The Oxford Pocket Dictionary of Current English.
2009. "Women's Rights Movement." Encyclopedia.com
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Research, 01 Jan. 2003. Web. 11 Nov. 2014.
<http://www.encyclopedia.com/topic/Womens_rights.aspx