

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No cars, few cities, no
phones/tv/internet
o Agrarian life - farmers
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Problems that faced that America are in
no way the ones that face America today
The people who wrote the Constitution
wrote it with the needs and concerns of
their time in mind
Framers knew they could not make a
government
relevant for
all time


They made sure to leave room for adaptation to meet the needs
of future generations
The Constitution has been in effect for 223 years
o Longer by far than the written constitution of any nation in the world


The Constitution is and is not the same one written in 1787
Constitutional change via formal and informal amendments
o To amend = to change
 This
allows the Constitution to grow and change
with time – often referred to as a living document




Formal Amendment
- Changes that
become part of the
written language of
the Constitution.
Article V sets out
Four Methods
26 Amendments
were adopted using
the first method
1 Amendment (21st)
was adopted using
the second method
First Method
Fourth Method
 How
does the formal amendment process illustrate
federalism?
 The proposal takes place at the national level but
ratification takes place on a State-by-State basis
 How
is popular sovereignty expressed in the
amendment process?
 The ultimate decision to formally pass any
amendment is given to the people
 There
are currently 27 formal amendments.
 More than 10,000 amendment proposals have
been sent to Congress since 1789, only 33
have reached the States; 27 have been ratified
 The first ten Amendments are called the Bill of
Rights (proposed in 1789; ratified 1791)
o Sets out Constitutional guarantees for all citizens
o Remember, many people only agreed to support and
ratify the Constitution when a Bill of Rights was
implemented






Your job is to create a graphical representation of your
amendment
This should be created on a one-page Word document with
the Amendment written on the back
Your job (worth 1 bonus point) is to get your classmates to
guess which amendment your picture represents
You may use clip-art, online images, or hand-drawn pictures
to convey your amendment
No words or numbers are allowed on your picture
Project is worth 20 points

www.ushistory.org/documents/amendments.htm

www.en.wikipedia.org/wiki/List_of_amendments_to_the_U
nited_States_Constitution

1)
Bill of Rights (1791)
First Amendment - Five freedoms; Freedom of religion,
speech, press; right to assembly, petition
o
Note: each of these rights may be exercised only with regard to the
rights of all other persons
2)
Second Amendment – Allows each state to keep a militia
(National Guard); right to keep and bear arms
3)
Third Amendment – Prohibits soldiers from staying in your
home without your permission
4)
Fourth Amendment – Prohibits unlawful searches and
seizures
5)
Fifth Amendment – Rights of the Accused
o
o
o
6)
Sixth Amendment – Right to Speedy Trial by Jury
o
7)
Criminal Proceedings: No trial unless indicted by a grand jury; No
Double Jeopardy; No Self-Incrimination
Due Process – Prohibits unfair, arbitrary actions by the Fed. Govt
Eminent Domain – Govt can take private property for a legit public
purpose, but it must pay a fair price for it
Right to a fair and speedy public trial by an impartial jury; must be
informed of charge; has the right to confront accuser; to obtain
witnesses; and is provided with an attorney
Seventh Amendment – Civil Trials – Right to a trial by jury in
cases over $20; right can be waived if both parties agree to a
bench trial (only a judge)
8)
Eighth Amendment – Prohibits excessive fines or bail; prohibits
cruel and unusual punishment
9)
Ninth Amendment – Unenumerated rights of the people exist
and cannot be infringed upon
10)
Tenth Amendment – Those powers which are not given to fed.
govt. and not prohibited for the states, belong to the states
Amendments 11-27
11) (1795) No state may be sued in federal court by a citizen or a
foreign country
12) (1804) Establishes that the Electoral College must cast two
votes: one for the President and one for VP
Civil War Amendments
13)(1865) Abolishes slavery and involuntary servitude
14)(1868) Citizenship granted through birth or
naturalization; also through blood
o
o
Due Process clause forbids a state to act in an unfair way
Equal Protection clause forbids a state to discriminate
15)(1870) Prohibits denial of suffrage based on race, color,
or previous servitude
16)(1913) Allows Federal Government to collect income tax
17)(1913) Popular election of U.S. Senators
18)(1919) Prohibition of Intoxicating Liquors
19)(1920) Suffrage for women
20)(1933) “Lame Duck Amendment” - President starts
January 20; Congress starts Jan. 3
21)(1933) Repeals 18th Amendment – Prohibition
22)(1951) Limits Presidential tenure to 2 terms or 10 years
23)(1961) Gives the District of Columbia the same amount of
voters in the Electoral College as the smallest state (3)
24)(1964) Outlaws the payment of a tax for voting
25)(1967) Presidential Succession
I.
II.
If President dies, is removed, or resigns, VP takes over (Succession)
If VP vacancy, President nominates a successor and he is confirmed
by majority vote in Congress
III. If President is incapacitated, he sends a letter to Congress and the
VP takes over until he sends another letter declaring himself fit
IV. Allows VP and Cabinet to declare President unable to serve
26) (1971) Establishes minimum voting age of 18
27) (1992) An increase in pay for Congress isn’t effective until
the next election

1798

Decision

Sedition Act is passed that says yes

Court said yes: it creates a “clear
and present danger” to national
security (Schenck v. United States)

Court decides 1st Amendment does
not protect them (Dennis v. United
States)
o Is it a crime to criticize the
government in speech or
writing?

1919
o Should sending written
material to draftees urging
them to resist the draft be
unlawful?

1951
o Does 1st Amendment protect
11 Communists who
advocated the overthrow of
the government?

1969

Decision

Court says yes (Tinker v. Des Moines
School District)

Court said this is an example of
“symbolic speech” (Texas v.
Johnson)
o Does 1st Amd protect students
who wear armbands in school
to protest the Vietnam War?

1989
o Should burning an American
flag as a political protest be
allowed?