Amending the U.S. Constitution Social Studies Mrs. Roberts

Amending the U.S. Amending the U.S. ConstitutionConstitution

Social StudiesSocial Studies

Mrs. RobertsMrs. Roberts

Amendment?Amendment?Page 1Page 1

Any change to the Constitution is an Any change to the Constitution is an amendment.amendment.

Amendment ProcessAmendment ProcessPage 1Page 1

The Framers of the Constitution wanted to make The Framers of the Constitution wanted to make the Constitution flexible, but not so easy to the Constitution flexible, but not so easy to amend that it would not be respected.amend that it would not be respected.

Writers deliberately made the amendment Writers deliberately made the amendment process difficult.process difficult. Any small change could have dramatic effects on U.S. Any small change could have dramatic effects on U.S.

government.government. Cannot be changed without the overwhelming support Cannot be changed without the overwhelming support

of the PEOPLE!of the PEOPLE!


The ability to change (amend) the The ability to change (amend) the Constitution is clearly necessary. Constitution is clearly necessary. They safeguard many freedoms we take for They safeguard many freedoms we take for

granted, such as the abolition of slavery and granted, such as the abolition of slavery and the right to vote for women.the right to vote for women.

Amendment ProcessAmendment Process

In the Declaration of Independence, In the Declaration of Independence, Thomas Jefferson stated that people have Thomas Jefferson stated that people have the right to overthrow a government that the right to overthrow a government that does not protect their rightsdoes not protect their rights If the Constitution could not have been If the Constitution could not have been

amended to protect the rights of African amended to protect the rights of African Americans and women, our government Americans and women, our government would not have survived.would not have survived.


Draw the amendment process that can be Draw the amendment process that can be found on page 127 in your textbook.found on page 127 in your textbook.


Article V in the Constitution explains the two Article V in the Constitution explains the two steps in the amendment process: steps in the amendment process:

1.1. An amendment must first be proposed.An amendment must first be proposed.• An amendment can be proposed by vote of two-An amendment can be proposed by vote of two-

thirds of members of both houses of Congress.thirds of members of both houses of Congress.

OROR• Amendment proposed by national convention called Amendment proposed by national convention called

at the request of two-thirds of state legislatures. at the request of two-thirds of state legislatures. This has never happened.This has never happened.

Amendment ProcessAmendment Process

Amendment Process Continued…Amendment Process Continued…2.2. Amendment must be ratified (approved).Amendment must be ratified (approved).• Approved by ¾ of state legislatures.Approved by ¾ of state legislatures.

OROR• Approved by ¾ of ratifying conventions held Approved by ¾ of ratifying conventions held

in each state.in each state.

RatificationRatification

Only one amendment, the 21Only one amendment, the 21stst amendment, was ratified by state amendment, was ratified by state conventions.conventions.

More than 9,000 amendments have been More than 9,000 amendments have been proposed. Only 27 have been ratified.proposed. Only 27 have been ratified.

Bill of RightsBill of RightsPage 5Page 5

The Bill of Rights is the first ten The Bill of Rights is the first ten amendments to the U.S. Constitution.amendments to the U.S. Constitution.Describes the powers and rights of American Describes the powers and rights of American

citizens.citizens.Reflect the belief of limited government.Reflect the belief of limited government.Place strict limits on how the national Place strict limits on how the national

government can use its power over the government can use its power over the people.people.


First AmendmentFirst Amendment Freedom of religion, Freedom of religion,

speech, press, speech, press, assembly, and assembly, and petition.petition.

Second AmendmentSecond Amendment Right to bear arms.Right to bear arms.

Bill of RightsBill of Rights

Third AmendmentThird Amendment Quartering TroopsQuartering Troops

The federal government The federal government cannot force citizens to cannot force citizens to quarter, or house, quarter, or house, soldiers.soldiers.

Fourth AmendmentFourth Amendment Search and SeizureSearch and Seizure

Protects citizens Protects citizens against against unreasonable unreasonable search and seizures.search and seizures.


Fifth AmendmentFifth AmendmentRights of an Accused PersonRights of an Accused Person

No one can be put on trial without being indicted, No one can be put on trial without being indicted, or formally accused, by a group of citizens called a or formally accused, by a group of citizens called a grand jury.grand jury.

Double jeopardyDouble jeopardyRight to remain silent.Right to remain silent.Guarantees that people cannot be forced to testify Guarantees that people cannot be forced to testify

against themselves.against themselves.


Fifth Amendment continued…Fifth Amendment continued…No one may be denied life, liberty, or property No one may be denied life, liberty, or property

without without due process of law.due process of law.This means following procedures of law and This means following procedures of law and

guaranteed by the Constitution.guaranteed by the Constitution.

Protects a person’s property rights.Protects a person’s property rights.Limits the government’s power of Limits the government’s power of eminent eminent

domaindomain.. Eminent domainEminent domain is the right of government to take is the right of government to take

private property (usually land) for public use.private property (usually land) for public use.


Sixth AmendmentSixth AmendmentRight to a Speedy, Fair TrialRight to a Speedy, Fair Trial

Requires that the accused be told of the exact Requires that the accused be told of the exact nature of the charges against them.nature of the charges against them.

Must be allowed a trial by jury.Must be allowed a trial by jury.Right to hear and question all witnesses against Right to hear and question all witnesses against

them.them.Permitted to call witnesses in their defense.Permitted to call witnesses in their defense.Entitled to a lawyer.Entitled to a lawyer.

If the person cannot afford a lawyer, the government will If the person cannot afford a lawyer, the government will appoint one.appoint one.


Seventh AmendmentSeventh AmendmentCivil SuitsCivil Suits

The right to a jury trial in civil cases if the amount The right to a jury trial in civil cases if the amount of money involved is more than $20.00.of money involved is more than $20.00.


Eighth AmendmentEighth AmendmentBail and PunishmentBail and Punishment

Forbids excessive bailForbids excessive bailForbids “cruel and unusual punishment.”Forbids “cruel and unusual punishment.”

The punishment should be in proportion to the crime.The punishment should be in proportion to the crime.


Ninth AmendmentNinth Amendment Powers Reserved to Powers Reserved to

the Peoplethe People The rights spelled out in The rights spelled out in

the Constitution are not the Constitution are not the only rights of the the only rights of the American people.American people.

Tenth AmendmentTenth Amendment Powers Reserved to Powers Reserved to

the Statethe State Any powers the Any powers the

Constitution does not Constitution does not specifically give to the specifically give to the federal government are federal government are reserved for the states reserved for the states or the people.or the people.

Amendment 11Amendment 11Page 8Page 8

Suits Against StatesSuits Against StatesA lawsuit brought by a citizen of the United A lawsuit brought by a citizen of the United

States or a foreign nation against a state must States or a foreign nation against a state must be tried in a state court, not a federal court.be tried in a state court, not a federal court.

Amendment 12Amendment 12

Election of President and Vice PresidentElection of President and Vice PresidentPassed to prevent a tie between the President Passed to prevent a tie between the President

and Vice President.and Vice President.People now vote for them as a set, not People now vote for them as a set, not

separate!separate!


Abolition of SlaveryAbolition of SlaveryProhibits slavery of any form.Prohibits slavery of any form.


Rights of CitizensRights of CitizensGrants citizenship to all people born in the Grants citizenship to all people born in the

United States.United States.Guarantees due process of law.Guarantees due process of law.


African American SuffrageAfrican American SuffrageRight to vote for African AmericansRight to vote for African Americans


Income TaxIncome TaxCongress has the power to tax the citizens of Congress has the power to tax the citizens of

the United States.the United States.


Direct Election of SenatorsDirect Election of SenatorsThe right to elect senators was given directly The right to elect senators was given directly

to the people of each state.to the people of each state.


Prohibition of AlcoholProhibition of AlcoholProhibited the production, sale, or Prohibited the production, sale, or

transportation of alcoholic beverages in the transportation of alcoholic beverages in the United States.United States.


Woman SuffrageWoman SuffrageGave all women the right to vote.Gave all women the right to vote.


““Lame Duck” AmendmentLame Duck” AmendmentShortened the time between the President’s Shortened the time between the President’s

and Vice President’s election and and Vice President’s election and inauguration.inauguration.

Ended “lame duck” sessions of Congress.Ended “lame duck” sessions of Congress. ““Lame ducks” are Presidents and members of Lame ducks” are Presidents and members of

Congress waiting to leave office after retiring Congress waiting to leave office after retiring or failing to gain reelection. They no longer or failing to gain reelection. They no longer had any political power.had any political power.


Repeal of Prohibition Amendment (18)Repeal of Prohibition Amendment (18)Repealed the 18Repealed the 18thth amendment which forbade amendment which forbade

the production, sale, and transportation of the production, sale, and transportation of alcoholic beverages.alcoholic beverages.


Limit on Presidential TermsLimit on Presidential TermsA President cannot serve more than two A President cannot serve more than two

terms in office.terms in office.Passed after President Roosevelt was elected Passed after President Roosevelt was elected

to four terms as President.to four terms as President.


Presidential Electors for the District of Presidential Electors for the District of ColumbiaColumbiaGrant people living in Washington D.C. the Grant people living in Washington D.C. the

right to vote in presidential elections.right to vote in presidential elections.


Abolition of the Poll TaxAbolition of the Poll TaxA poll tax was a fee that people were required A poll tax was a fee that people were required

to pay to vote in a number of Southern States.to pay to vote in a number of Southern States.This amendment ended poll taxes as a This amendment ended poll taxes as a

requirement to vote in any election.requirement to vote in any election.A form of racial discrimination!A form of racial discrimination!


Presidential Disability and SuccessionPresidential Disability and SuccessionThe Vice President become President if the The Vice President become President if the

President dies, resigns, or is removed from President dies, resigns, or is removed from office.office.

The new President will then appoint a Vice The new President will then appoint a Vice President with the approval of Congress.President with the approval of Congress.


Eighteen-Year Old VoteEighteen-Year Old VoteMade 18-year-olds eligible to vote in all Made 18-year-olds eligible to vote in all

elections.elections.Until this amendment in 1971, you had to be Until this amendment in 1971, you had to be

21.21.Many people used the Vietnam War to justify Many people used the Vietnam War to justify

the adoption of the 26the adoption of the 26thth amendment. They amendment. They argued that those old enough to fight and die argued that those old enough to fight and die for their country were also old enough to vote.for their country were also old enough to vote.


Restraint on Congressional SalariesRestraint on Congressional SalariesStates that any increase in salaries of the States that any increase in salaries of the

members of Congress will take effect in the members of Congress will take effect in the next session of Congress.next session of Congress.

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Amending the U.S. Constitution Social Studies Mrs. Roberts