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Amending the Constitution

Amending the Constitution. What is an amendment?. An amendment is a change to the Constitution/rules. Amendment Facts. There are 27 Amendments 1,000s of Amendments have been proposed, but failed Failed amendments that have been debated by Congress: Changing the voting age to 16

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Amending the Constitution

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  1. Amending the Constitution

  2. What is an amendment? • An amendment is a change to the Constitution/rules.

  3. Amendment Facts • There are 27 Amendments • 1,000s of Amendments have been proposed, but failed • Failed amendments that have been debated by Congress: • Changing the voting age to 16 • Eliminating income tax • Making English the official language • The Equal Rights Amendment

  4. Making an amendment to our class rules. • What is two-thirds of the class? What is three-fourths of the class? • Should the class color be red, white, or blue? • Should we remove the word lit from use in the class? • What would be the best class cookie—Oreo, chocolate chip, sugar cookie?

  5. Why do we have an amendment process? • Our Founding Fathers knew that the Constitution was the best they could come up with at the time, but that 20 or 200 years later, the needs of the country might be different. • The amendment process allows the Constitution to change with the needs of the country. • Because of this, it is called a ‘living document’.

  6. How many steps are there to amend the Constitution? Step: 1 Propose Step: 2 Ratify 2 ways to propose an amendment 2 ways to ratify an amendment Magic # is 2/3 Magic # is 3/4

  7. Proposing an amendment 1st way: Most common way • Congress proposes an amendment. If 2/3 the House and 2/3 of the Senate approves it, it goes to the states for ratification. = Step 2 + 2/3 2/3

  8. OR

  9. 10) Proposing an Amendment 2nd way (has never happened): • 2/3 (33/50 states) of state legislatures has to call a convention • This is a sneaky way of proposing an amendment because it (skips) Congress

  10. Ratifying an Amendment is Left Up to the States Ratification

  11. Ratifying an Amendment 1st way: Most Common Way • ¾ of states must ratify (38 out of 50 states).

  12. Ratifying an amendment 2nd way: Only happened once • ¾ of the state conventions have to ratify an amendment • The 21st amendment which ended the ban on alcohol was the only amendment ratified this way.

  13. I can identify the most common method of making an amendment: • Step 1: • 2/3 Congress proposes • Step 2: • 3/4 State legislatures ratify Proposed by: CONGRESS by two-thirds vote of the Senate and the House of Rep. Ratified by: Three-fourths of the states

  14. Magic # is 3/4 Magic # is 2/3 OR OR

  15. Changing the Constitution • Amending the Constitution is difficult, but why? • So we would not quickly change the law without carefully thinking about its possible consequences.

  16. Focus Work: • Get out your notes from yesterday and a writing utensil, and headphones (if you have them) then place your book bag up front and find a seat. • Log onto the computer and pull up Google Chrome. Log into your Student Portal. DO NOT OPEN ANY OTHER TAB!

  17. Amendment Process Tutorial Instructions: • Go to My Tools in your Portal and click on Google Classroom. Use your @myoneclay.net email account. • There should be an invitation from my Google Classroom inviting you to join the class. Click Join. Do NOT write any comments! • Once you are in my Google Classroom, click the bottom announcement that says: Follow the following link to begin the tutorial on the Amendment Process. • Once you have followed the link, you may begin the tutorial. Make sure the volume in your headphones is on.

  18. http://www.floridastudents.org/PreviewResource/StudentResource/119043http://www.floridastudents.org/PreviewResource/StudentResource/119043

  19. The Amendment Process Proposed by: CONGRESS by two-thirds vote of each house Ratified by: Three-fourths of the states OR Proposed by: NATIONAL CONVENTION called by Congress at request of two-thirds of state legislatures

  20. Terms to Know: • Amendment: an official change or addition to the Constitution • Propose: To make a suggestion, offer up an idea • Ratify: To officially confirm or approve

  21. gfjghjhjjjjjjjjjjjjjjjjjjjjjjj What Words does the artist use? What Action does the artist include? What Visuals/symbols does the artist include? What Emotions do you feel after analyzing the cartoon? So what? What is the purpose or argument of the cartoon?

  22. The first 10 amendments to the Constitution are called the BILL OF RIGHTS

  23. Writing the Bill of Rights • The purpose of the Bill of Rights is to limit the power of the Federal government while protecting the rights of the people. • The BOR provides people Civil Liberties- • freedoms we have without government interference

  24. Having Civil Liberties doesn’t mean we can break the law- • ‘Your rights end where someone else’s begin’ • What does this mean? • Your rights are balanced against the good of the community (common good)

  25. Bill of Rights provides for: • Rights of the accused • (Due Process) • State/individual powers • Individual liberties/freedoms • Protection against government abuse of power

  26. Bill of Rights provides for: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” • Individual liberties/freedoms 1st Amendment

  27. 1st Amendment • The Five Freedoms • Religion • Assembly • Press • Petition • Speech

  28. Freedom of Religion The Government can’t… • Establish a national religion or • Prohibit you from practicing your own religion • Limits: • Can’t hurt anyone or Break the law in practicing your religion

  29. Freedom of Assembly • Allows us to peacefully meet as a group for any reason • We can join any group we want (church, boy scouts, political) • Limits: • You can’t Trespass or riot

  30. Petition • Allows us the right to complain about or protest the government • This allows us to express our views about the government • Limits • Can’t make threats against the government • Trespass • Become violent (riot)

  31. Freedom of Press • Allows us to publish news/information • The ability to access and read news • Limits: • Can’t knowingly write lies about someone (libel) • Can’t knowingly publish information that would hurt national security.

  32. Freedom of Speech • Allows us to say what we want without fear of punishment from the government • This includes “symbolic speech” • Limits: • Clear and present danger: Can’t yell FIRE in a crowded movie theater • Fighting Words: Will your words create a violent situation? • Slander: Knowingly speak lies about someone • Obscene Material: Is the material inappropriate for children or adults to see in public? • Schools, employers, and PARENTS can limit speech

  33. What does RAPPS stand for? • Religion, Assembly, Press, Petition, Speech • Where can I find it? • 1st amendment

  34. Think-Pair-Share: • What are some of the restrictions to first Amendment rights?

  35. In a political demonstration during the Republican National Convention in Texas in 1989, protesting the policies of President Ronald Reagan and of certain businesses based in Dallas, Texas, Gregory Lee Johnson soaked an American flag with gasoline and set it on fire. No one was hurt, but some witnesses said they were seriously offended, and Johnson was arrested and charged with breaking the law. • Which first amendment right do you think this is related to? • Do you think his rights were violated when he was arrested?

  36. C- Level 1 • H- Raise your hand • A- Working with your partner to analyze the scenarios and answer the questions. • M- None without permission • P- Working quietly to analyze the scenarios. • S- Success!

  37. Clay County Food Pantry • Food Drive!!! • We will be accepting the following items through Dec. 15th: • Peanut Butter • Canned Vegetables • Canned Fruit • Canned Meats • Boxed Pastas • Jelly • Dog Food • You will receive 5 extra credit points for every 3 items you bring! (Cap on extra credit at 9 items=15 pts.) • You must check in with me before putting your items in the bins in order to get credit.

  38. 1. You are upset with a new policy that Florida Governor Rick Scott has implemented. You decide to complain about him and the policy on Twitter. The next day, the police come and arrest you for criticizing the governor. • Which first amendment right is this scenario related to? • Are your rights being violated? Explain your answer. Freedom of Speech Yes, you have the right to complain about the government as long as you don’t threaten.

  39. 2. Florida passes a law that everyone must pay taxes to support a specific religious church supported by the state. • Which first amendment right is this scenario related to? • Are your rights being violated? Explain your answer. Freedom of Religion Yes, your rights are being violated because the first amendment says that the government can’t make laws that favor one religion over another.

  40. 3. Your parents were shown a screenshot of a rude comment you made on Twitter. They decide to make a new rule that allows them to edit what you say on social media. They say if you don’t run your posts by them before you publish online, they will delete your social media accounts altogether. • Which first amendment right is this scenario related to? • Are your rights being violated? Explain your answer. Freedom of Speech No, your parents, school, and your job have the right to limit your speech.

  41. 4. A well-known hate group applies for a city permit to have a march. The city says that they cannot have the permit unless they pay a fee. Other groups are given permits for free. • Which first amendment right is this scenario related to? • Are their rights being violated? Explain your answer. Freedom of Assembly Yes, their rights are being violated because as long as their march is not violent and doesn’t break any laws, they have the right to assemble. The government can’t favor one group over another even if they don’t agree with their ideals.

  42. 5. A neighborhood store sells you an iPod that doesn’t work. The cashier won’t give you a refund. You decide to go back into the store with some of your friends and stand just inside the front door with signs that say “Don’t Shop Here!” The store owner makes you leave. • Which first amendment right is this scenario related to? • Are your rights being violated? Explain your answer. Freedom to Petition No, your rights aren’t being violated because you are on private property, not a public sidewalk/street, therefore the owner doesn’t have to allow you to protest in his store.

  43. Think-Pair-Share: • What are some protections people who are accused of a crime have?

  44. Rights of the accused • (Due Process)

  45. What Words does the artist use? • What Action does the artist include? • What Visuals/symbols does the artist include? • What Emotions do you feel after analyzing the cartoon? • So what? What is the purpose or argument of the cartoon?

  46. Terms to Know: • Due process of law: A person cannot be deprived of life, liberty, or property without appropriate legal procedures and protections, (5th) • Pleading the fifth/self-incrimination: A person refusing to testify under oath in a court of law so evidence cannot be used to convict him of a crime (self-incrimination) (5th)

  47. Eminent Domain: Government can take your land as long as they pay you fairly for it, (5th) • Double Jeopardy: A person cannot be put on trial for the same crime twice (5th) • Civil Case: Lawsuits that involve disagreements between people, not crimes (7th)

  48. Protected The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. things Good Reason

  49. 4th Amendment • Protects Americans from unlawful searches of home or property • Law enforcement can search your property if they have probable cause and a search warrant

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