Tuesday, April 21 st 7B Social Studies Inquiry: The U.S. Constitution is said to be a living document. Is that statement still true today? Goal: Students will review and discuss the formal and informal Constitutional amendment processes. (CCSS.ELA-Literacy.SL.7.1) Agenda 1. Guided Notes! Your Favorite! Homework 1. No homework!
The Formal and Informal Amendment Process How is our Constitution a living document? How does it bend and stretch to apply to our changing nation?
Two Kinds of Amendments! Formal Amendment Process an actual written, numbered amendment to the Constitution! Informal Amendment Process changes made over time without passing a Constitutional amendment
Formal Amendments! 4 methods! 27 formal amendments over the last 227 years
1 st Method! 26 of 27 amendments happened this way! Proposed in Congress by a 2/3 vote in both houses! Ratified by 3/4 of the state legislatures
2 nd Method! 21 st Amendment was passed this way! Proposed in Congress by a 2/3 vote in both houses! Ratified by conventions held in 3/4 of the states
3 rd Method! Proposed at a national convention called by Congress when requested by 2/3 of the state legislatures! Ratified by 3/4 of the state legislatures
4 th Method! Proposed at a national convention called by Congress when requested by 2/3 of the state legislatures! Ratified by conventions held in 3/4 of the states! This is how our Constitution came into being, but it has not been used since!
So, There are Two Ways to Propose an Amendment! 1. 2/3 vote in both houses of Congress! All 27 Amendments were proposed this way! 2. Constitutional Convention requested by 2/3 of the states! Has not ever been used
And Two Ways to Ratify an Amendment.! 1. 3/4 of state legislatures approve it! 26 of the 27 Amendments were ratified this way! 2. 3/4 of state conventions approve it
Why is the process so difficult?! Maintain the federal character of the government! Proposals start at the national level and ratification is in the states.! Maintain the will of the people! The president does not sign an amendment.! This is not lawmaking it is bigger we are changing our national philosophy about something.
The Amendments! 10,000 proposed! 33 approved by Congress and sent to the states! 27 approved
Notable Amendments! 1-10 Bill of Rights! 12 Choosing the President, VP! 13, 14, 15 Civil War Amendments! 16 Income Tax! 17 Senators Elected Through Popular Vote! 18 Prohibition Repealed in 21st! 19 Women s Suffrage! 22 Presidential Term Limits! 25 Presidential Disability and Succession! 26 Voting Age set at 18 years of age! 27 Congressional Salary Increases
The First Ten Amendments The Bill of Rights What s wrong with giving us a Bill of Rights? Will it take up too much paper? ~Patrick Henry
The 1 st Amendment! Freedom of Religion! Freedom of Speech! Freedom of the Press! Right to Assembly! Right to Petition
Two Parts to Freedom of Religion! Free Exercise Clause allows people to freely practice religion! Establishment Clause prevents government from establishing or endorsing any particular religion
The 2 nd Amendment! The Right to Bear Arms! Not the Right to Bare Arms
The 3 rd Amendment! No Quartering of Soldiers in Times of Peace
The 4 th Amendment! Protection Against unreasonable search and seizure
The 5 th Amendment! No Double Jeopardy (Can t be charged with the same crime twice)! Protection against selfincrimination! Guarantee of due process of law
The 6 th Amendment! Right to a Criminal Trial by Jury! Trial must be speedy, public! Must be in the state where the crime was committed! Right to legal counsel
The 7 th Amendment! Right to a Civil Trial by Jury! Any case over $20
The 8 th Amendment! Protection Against Cruel and Unusual Punishment
The 9 th Amendment! Rights Retained by the People! In other words, just because a right isn t listed in the Constitution doesn t mean that people don t have that right.
The 10 th Amendment! Powers Granted to the States! All powers that are not given to the national government are reserved for the states.