Understanding the U.S. Constitution: The Process of Amendment Proposal and Ratification

1. The Amendment Files!! Unit 2 Project U.S. Constitution

2. How are Amendments proposed & ratified • Proposed: • 2/3 vote in each house of congress • National convention at the urge of 2/3 of states Ratified: ratification by ¾ of all state legislatures ratification by state wide convention where ¾ approve the amendments

3. 1st Amendment • Name: Freedom of Expression • Date: 1791 • Historical significance: British did not always grant this right especially when colonials were protesting their unfair treatment • Need: to protect those inalienable rights • Parts: • Speech: right to talk and express opinions, up to certain limit • Press: right to express your opinion in a written format, newspaper • Religion: right to worship and practice whatever religion, some limits (free exercise clause, establishment clause) • Petition: right to protest or express your opposition to government or its agents, limits • Assembly: right to gather with others to protest or express opinions

4. 1st Amendment cont… • Limits: • Speech: dangerous speech (violent overthrow of govt., or speech which endangers lives of people ex. yelling fire in crowded movie theatre; Slander: To knowingly lie and damage someone’s reputation • Press: libel (written lies to damage reputation) • Religion: no torturing, human sacrifice or illegal use of drugs as part of religious rituals • Petition: protest must not put humans at harm. No call for arms • Assembly: not allowed to block progress, only on public property, permit required

5. 2nd Amendment • Name: Bearing Arms • Date: 1791 • Historical Significance: due to a trick By British on people of Boston, that if they gave up their weapons, British would back off and leave the people of Boston alone • Need: to be able to respond to emergencies & outside threat • Parts: people vs. militia, very controversial, either people or militia have the right to arm themselves for security purposes • Limits: no automatic or military style weapons, license & permits required • Brady Bill: requires background check, and a brief waiting period to discourage the purchase for wrong reasons

6. 3rd Amendment • Name: Quartering of Troops (forgotten Am.) • Date: 1791 • Significance: due to British invasion of homes, and soldiers staying and keeping close eye on colonials • Need: to let citizens be able to live in peace and have control over their homes • Parts: no soldier shall be allowed in your home in times of peace, and in times of war only allowed in with consent of Congress • Limits: allowed if invited, does not include enemy

7. 4th Amendment • Name: Searches & seizures • Date: 1791 • Significance: due to some smuggling and not paying royal tax, British soldiers could invade home & search endlessly until they find something • Need: for all citizens to be left alone, and not stopped & searched w/out real reason • Parts: no illegal searches & seizures, all searches based on probable cause, warrant must be shown to search person or place • Limits: exigent circumstance (police chase), responding to call for help, Plain View

8. 5th Amendment • Name: Rights of Accused Person • Date: 1791 • Significance: British mistreatment of colonials when blaming, arresting and finding guilty • Need: for a objective procedure that all law enforcement & justice system must follow • Parts: • No accusing of capital or infamous crime without presentment & indictment of Grand Jury (EXCEPT MILITARY OFFICERS) • No Double Jeopardy: accused of same crime twice (APPEALS ALLOWED) • Pleading 5th: not being a witness against yourself (DOUBLE EDGED SWORD) • No violation of due process: same steps for everyone (?) • Eminent Domain: no private property taken away, for public use without just compensation (must prove its benefits for entire community) (HISTORICAL LANDMARKS)

9. 6th Amendment • Name: Speedy Trial • Date: 1791 • Significance: it stopped the unfair trials and procedures used in royal courts and colonies against any enemies (so called) of the king! • Need: Sets some objective standards in place for all involved in a trial to have to follow • Parts: • Speedy, public trial, unbiased jury, where crime committed (delay w/permission, closed to reporter if needed, change of venue) • Right to know nature & cause of accusation (writ of habeas corpus can be suspended) • Right to confront witnesses against you (hostile witness) • Right to present your own witnesses (friendly witness) • Right to lawyer (can be turned down and try self)

10. 7th Amendment • Name: Federal Civil Trials • Date: 1791 • Significance: many times colonials were not given the right to sue members of government, or trial for any royal officials • Need: to be able to bring to justice anyone regardless of citizen or member of government • Parts: • Your right to sue someone on federal level (civil means for damages or wrongs done to you) • The amount of controversy $20 (1791) $1500 (today) • Right to have case decided by jury (bench trial)

11. 8th Amendment • Name: Bail & Punishment • Date: 1791 • Significance: it was very normal under British rule to be tortured, to be denied bail, and get vey heavy fines if you were the enemy of the king • Need: framers felt the need for a fair justice system that treated each case on its own merits, and did not abuse its citizens • Parts: • No excessive bail (money needed to get of jail while awaiting your trial) limits: bail can be denied if flight risk, or could commit another crime • No excessive fines: fine must fit crime (except repeat offenders) • No cruel & unusual punishment: justice carried out w/out torture or abusive punishment or death penalty (no more hanging, stoning, burning, dissecting, gassing, electrocuting) today only lethal injection is allowed

12. 9th & 10th Amendments • Name: 9th (power reserved for the people) • Name: 10th (power reserved to the states) • Name together (safeguard amendments) • Date: 1791 • Significance: the convention did not address every single right people should have & enjoy, also, since federalism was the system of govt. chosen, framers wanted to remind national govt. the reserved powers set aside only for the states • Need: to make sure national government over step the sovereignty of people & states • Parts: • 9th: the listing of certain rights does not mean they are the only rights, there are more and Nat. Govt. should be aware (laws & amendments) • 10th : states have certain powers under federalism that cannot be violated by Nat. Govt., if states don’t want it goes to the people first & not the Nat. Govt. (bills & amendments)

13. 13th, 14th, 15th Amendments • Name: • 13th: abolition of slavery (1865) • 14th: equal rights (1868) • 15th: the right to vote (1870) • Together: Civil War Amendments or Reconstruction Amendments Significance: The southern system of slavery & agriculture had created a morally and economically unjust system that many in U.S. felt had to go Need: to reflect countries values, and to be more fair economically in paying the labor force Parts: 13th : no slavery or involuntary servitude (unless as punishment for crime seen appropriate by judge) 14th: all people born in US or naturalized in US are considered American citizens (denaturalization, treason) 15th: no discrimination in voting based on race (only for males, led to passage of poll tax, literacy test, grandfather clause)

14. 19th & 26th Amendments • Name: • 19th: woman’s suffrage (1920) • 26th: 18 year olds right to vote (1971) Significance: women had been fighting for this right since early 1800s as part of the abolition movement, they petitioned states, petitioned White Hose & national Congress, finally after WWI granted the right; 18 year olds were drafted and had to defend country @ 18, but could not vote, average coming dead from Vietnam (20), slogan old enough to die, old enough to vote, finally granted the right Need: very important to let half of the population to participate in government (Democracy), very important to let those defending the country they were important too Parts: 19: no discrimination in voting based on gender (criminals, mentally ill, non-citizens, anyone under 21) 26: no discrimination based on age (criminals, mentally ill, non-citizens)