The Amendment Process (Congress)

Transcription

1 The Amendments

2 The Amendment Process (Congress) Amendment process the way in which changes are added to the Constitution Amendments have to be ratified by Nat l and State Gov ts. First by Congress Second by States 2 ways for Congress to propose: 2/3 of Congress ratifies; or A national convention (assembly) proposes the amendment, if 2/3 of state legislatures call for it

3 The Amendment Process (States) States have 2 ways to ratify: Approval by 3/4 of nation s state legislatures Approval by special conventions in 3/4 of states 37.5 states

4 Directions: Amendment Poster Jigsaw You will research 1 amendment and create a poster on it. pages in your book You may use your phone for further research You will present these in class and take notes on all the Amendments!

5

6 I. The Bill of Rights (1st 10 Amendments)

7 A. 1st Amendment Guarantees freedom of religion, speech, assembly, and press, and the right of people to petition the government No official religion Citizens can criticize government American press is not subject to prior restraint - that is, government censorship of information before it is published

8 1st Amendment (cont.) 1. Slander (false speech intended to damage a person s reputation) and libel (similar to slander except it applies to written or published statements) are both illegal 2. You must be responsible. For example, you cannot endanger the nation s safety by giving away military secrets or call for the violent overthrow of the gov t. 3. Don t cry Fire in a crowded theatre

9 Is this O.K.? What do you think and why?

10 B. 2nd Amendment Right to Bear Arms Originally intended to prevent the national government from taking away weapons Can be regulated

11 C. 3rd Amendment Prohibits government from forcing people to provide shelter for soldiers In times of war this could be changed by law

12 D. 4th Amendment Police must have probable cause (a reasonable basis to believe the person or premises is linked to a crime) to carry out an arrest or search A search or an arrest also requires a search warrant or an arrest warrant (these are orders signed by a judge describing a specific place to be searched for specific items or naming the individual to be arrested for a specific crime)

13 E. 5th Amendment No one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial Double Jeopardy: Cannot be tried for the same crime twice Cannot be forced to testify against himself or herself I Plead the 5th Government cannot deprive any person of life, liberty, or property without due process of law (gov t needs to follow proper procedures in trials)

14 Miranda v. Arizona 1. You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to an attorney. 4. If you cannot afford an attorney, one will be appointed for you.

15 F.6th Amendment Guarantees the right to a speedy and public trial by an impartial jury. Why? Change of venue may be asked for as well Accused persons have the right to a lawyer

16 G. 7th Amendment Right to a trial by jury for civil disputes about property worth more than $20

17 H. 8th Amendment 1. Prohibits excessive bail 2. prohibits excessive fines 3. Bans cruel and unusual punishment (these are punishments that are out of proportion tothe crime committed)

18 I. 9th Amendment * protects all basic or natural rights not specifically noted in the Constitution J. 10th Amendment * establishes that powers not given to the national gov t - or denied to the states - by the Constitution belong to the states or to the people

19 II. Other Amendments A. 11 th Amendment (1795) prohibits a state from being sued in federal court by citizens of another state or of another nation B. 12 th Amendment (1804) required presidential electors to vote separately for president and vice president

20 III. Civil War Amendments 13 th Amendment (1865) abolished slavery and involuntary servitude, except as punishment for a crime

21 III. Civil War Amendments 14 th Amendment (1868) originally intended to protect the legal rights of the freed slaves and their descendants. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall take away the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

22 III. Civil War Amendments 15 th Amendment (1870) prohibits the government from denying a person s right to vote on the basis of race

23 IV. Later Amendments (20 th A. 16 th Amendment (1913) Gave Congress the power to levy individual income taxes Progressive tax assigned higher tax rates to people with higher incomes Century)

24 B. 17 th Amendment (1913) Provided for the election of U.S. Senators by direct popular vote instead of by state legislatures

25 C. 18 th Amendment (1919) Outlawed the manufacture, sale, or transportation of alcoholic beverages (Prohibition)

26 D. 19 th Amendment (1920) Guaranteed women the right to vote (Women s Suffrage)

27 E. 20 th Amendment (1933) Shortened the time between a presidential election and inauguration by designating January 20 as Inauguration Day; set January 3 as the date for the opening of a new Congress

28 F.21 st Amendment (1933) Repealed the 18 th Amendment and empowered Congress to regulate the liquor industry

29 G. 22 nd Amendment (1951) Limited presidents to 2 full terms in office Why? No person shall be elected to the office of the 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 shall be elected to the office of the President more than once.

30 If Joe Biden runs for president, can Obama be his vice president?... or anyone else s?

31 H. 23 rd Amendment (1961) Granted voters in the District of Columbia the right to vote for president and vice president. No taxation without representation??

32 I. 24 th Amendment (1964) Outlawed poll taxes (taxes paid in order to vote) in federal elections. Why were these used?

33 J. 25 th Amendment (1967) Provided for succession to the office of president in the event of death or incapacity and for filling vacancies in the office of the vice president

34 K. 26 th Amendment (1971) extended the right to vote to 18-year olds L. 27 th Amendment (1992) banned Congress from increasing its members salaries until after the next election What are some ideas for future amendments?

35 28th Amendment Your proposal will be in the format of a letter and must be addressed to one of Kentucky s US senators: including either Senator Mitch McConnell or Senator Rand Paul. You must include an introduction/conclusion.

36 28th Amendment Explanation of Amendment: Explain what your proposed amendment will do in detail. For example, you might write about same sex marriage but you MUST specify whether your amendment would ban or legalize it.

37 28th Amendment Purpose of Amendment: Explain why you believe it is needed and how the US will benefit if it is ratified. You must include at least 3 reasons.

38 28th Amendment Opposition to your Amendment: Indicate what opposition you expect there to be to your amendment and why. Address what type of citizens would oppose your amendment. Response to opposition: Reply to criticism of your amendment. (How would you address the opposition? Why are they wrong?)

39 28th Amendment ROUGH DRAFTS DUE TOMORROW! MUST INCLUDE AMENDMENT IDEA 3 REASONS WHY OPPOSITION

40 28th Amendment Proposals One at a time we will present an amendment proposal. Then the audience will be able to participate with pro/con debate The more you say, the more it will help your peers! All amendment sponsors: take note of suggestions so that you can include those in your FINAL draft!

41 Audience Participation I will be paying attention and marking participation points *hint hint* Only HELPFUL comments. ONE AT A TIME!

42 Final Amendment 100 points Final proposal due Monday! TYPED, 12 inch font, Times New Roman or similar Two pages double spaced LETTER FORMAT sent to ME and put in your VIRTUAL BACKPACK (25 points)