CHAPTER SIX

CHAPTER SIXCHAPTER SIX

The Basic Amendments The Basic Amendments

to the Constitutionto the Constitution

The Constitutional Amendment The Constitutional Amendment ProcessProcess

The authority to amend the Constitution of the United The authority to amend the Constitution of the United States is derived from Article V of the Constitution. States is derived from Article V of the Constitution.

The Constitution provides that an amendment may be The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and majority vote in both the House of Representatives and the Senate or by a constitutional convention called for the Senate or by a constitutional convention called for by two-thirds of the State legislatures. by two-thirds of the State legislatures.

None of the 27 amendments to the Constitution have None of the 27 amendments to the Constitution have been proposed by constitutional convention. been proposed by constitutional convention.

The Congress proposes an amendment in the form of a The Congress proposes an amendment in the form of a joint resolution. joint resolution.

Since the President does not have a constitutional role Since the President does not have a constitutional role in the amendment process, the joint resolution does in the amendment process, the joint resolution does not go to the White House for signature or approval. not go to the White House for signature or approval.

The Constitutional Amendment The Constitutional Amendment ProcessProcess

After Congress proposes an amendment, the Archivist After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives of the United States, who heads the National Archives and Records Administration (NARA), is charged with and Records Administration (NARA), is charged with responsibility for administering the ratification process responsibility for administering the ratification process

The Archivist submits the proposed amendment to the The Archivist submits the proposed amendment to the States for their consideration by sending a letter of States for their consideration by sending a letter of notification to each Governor along with the notification to each Governor along with the informational material prepared by the OFR. The informational material prepared by the OFR. The Governors then formally submit the amendment to Governors then formally submit the amendment to their State legislatures. their State legislatures.

When a State ratifies a proposed amendment, it sends When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director action, which is immediately conveyed to the Director of the Federal Register. of the Federal Register.

A proposed amendment becomes part of the A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). the States (38 of 50 States).

The First “Ten” Amendments:The First “Ten” Amendments: “Bill of “Bill of Rights” Rights”

The Main Amendments of the 19th The Main Amendments of the 19th CenturyCentury

The Post World War I AmendmentsThe Post World War I Amendments

Revising the Presidential Electoral ProcessRevising the Presidential Electoral Process

The Presidential SuccessionThe Presidential Succession

More Contemporary AmendmentsMore Contemporary Amendments

The First “Ten” Amendments:The First “Ten” Amendments: “Bill of Rights”“Bill of Rights”

Amendment 1Amendment 1

FREEDOM OF RELIGION, SPEECH, AND THE FREEDOM OF RELIGION, SPEECH, AND THE PRESS; RIGHTS OF ASSEMBLY AND PETITIONPRESS; RIGHTS OF ASSEMBLY AND PETITION

“ “Congress shall make no law Congress shall make no law respecting an establishment of religion, respecting an establishment of religion, or prohibiting the free exercise thereof; or prohibiting the free exercise thereof; or abridging the freedom of speech, or or abridging the freedom of speech, or of the press; or the right of the people of the press; or the right of the people peaceably to assemble, and to petition peaceably to assemble, and to petition

the Government for a redress of the Government for a redress of grievancesgrievances””



RIGHT TO BEAR ARMSRIGHT TO BEAR ARMS

“ “A well regulated Militia, being necessary to A well regulated Militia, being necessary to the security of a free State, the right of the the security of a free State, the right of the people to keep and bear Arms, shall not be people to keep and bear Arms, shall not be infringedinfringed””


HOUSING OF SOLDIERSHOUSING OF SOLDIERS

“ “No Soldier shall, in time of peace be No Soldier shall, in time of peace be quartered in any house, without the consent quartered in any house, without the consent of the Owner; nor in time of war, but in a of the Owner; nor in time of war, but in a manner to be prescribed by lawmanner to be prescribed by law””



SEARCH AND ARREST WARRANTSSEARCH AND ARREST WARRANTS

“ “The right of the people to be secure in The right of the people to be secure in their persons, houses, papers, and effects, their persons, houses, papers, and effects, against unreasonable searches and seizures, against unreasonable searches and seizures, shall not be violated, and no Warrants shall shall not be violated, and no Warrants shall issue, but upon probable cause, supported issue, but upon probable cause, supported by Oath or affirmation, and particularly by Oath or affirmation, and particularly describing the place to be searched, and the describing the place to be searched, and the persons or things to be seizedpersons or things to be seized””



RIGHTS IN CRIMINAL CASESRIGHTS IN CRIMINAL CASES

“ “No person shall be held to answer for a capital, or No person shall be held to answer for a capital, or otherwise infamous crime, unless on a otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or the Militia, when in actual service in time of War or public danger; nor shall any person be subject for public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be case to be a witness against himself, nor be deprived of life, liberty, or property, without due deprived of life, liberty, or property, without due process of law; nor shall private property be taken process of law; nor shall private property be taken for public use without just compensationfor public use without just compensation””

The First “Ten” Amendments:The First “Ten” Amendments:

“Bill of Rights”“Bill of Rights”Amendment 6Amendment 6

RIGHTS TO A FAIR TRIALRIGHTS TO A FAIR TRIAL

“ “In all criminal prosecutions, the accused In all criminal prosecutions, the accused shall enjoy the right to a speedy and public shall enjoy the right to a speedy and public trial, by an impartial jury of the State and trial, by an impartial jury of the State and district wherein the crime shall have been district wherein the crime shall have been committed, which district shall have been committed, which district shall have been previously ascertained by law, and to be previously ascertained by law, and to be informed of the nature and cause of the informed of the nature and cause of the accusation; to be confronted with the accusation; to be confronted with the witnesses against him; to have compulsory witnesses against him; to have compulsory process for obtaining witnesses in his favor, process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his and to have the Assistance of Counsel for his defensedefense””

The First “Ten” Amendments:The First “Ten” Amendments:

“Bill of Rights”“Bill of Rights”Amendment 7Amendment 7

RIGHTS IN CIVIL CASESRIGHTS IN CIVIL CASES

“ “In Suits at common law, where the In Suits at common law, where the value in controversy shall exceed twenty value in controversy shall exceed twenty dollars, the right of trial by jury shall be dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, preserved, and no fact tried by a jury, shall be otherwise re-examined in any shall be otherwise re-examined in any Court of the United States, than Court of the United States, than according to the rules of the common according to the rules of the common lawlaw””



BAILS, FINES, AND PUNISHMENTSBAILS, FINES, AND PUNISHMENTS

“ “Excessive bail shall not be required, nor excessive Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments fines imposed, nor cruel and unusual punishments inflictedinflicted””


RIGHTS RETAINED BY THE PEOPLERIGHTS RETAINED BY THE PEOPLE

“ “The enumeration in the Constitution, of certain The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage rights, shall not be construed to deny or disparage others retained by the peopleothers retained by the people””


POWERS RETAINED BY THE STATES AND THE PEOPLEPOWERS RETAINED BY THE STATES AND THE PEOPLE

“ “The powers not delegated to the United States by The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the are reserved to the States respectively, or to the peoplepeople””

The Main Amendments The Main Amendments of the 18 & 19th Centuriesof the 18 & 19th Centuries

Amendment 11Amendment 11: : Law suits against statesLaw suits against states, February 7, , February 7, 1795.1795.

Amendment 12Amendment 12: : Election of the President and Vice Election of the President and Vice PresidentPresident, July 27, 1804., July 27, 1804.

Amendment 13Amendment 13: : Abolition of slaveryAbolition of slavery, December 6, 1865., December 6, 1865. Amendment 14Amendment 14: : Civil RightsCivil Rights, July 9, 1868., July 9, 1868. Amendment 15Amendment 15: : African American SuffrageAfrican American Suffrage, February 3, , February 3,

1870.1870. Amendment 16Amendment 16: : Income TaxesIncome Taxes, February 3, 1913., February 3, 1913. Amendment 17Amendment 17: : Direct Election of SenatorsDirect Election of Senators, April 8, , April 8,

1913.1913.

The Post World War I The Post World War I AmendmentsAmendments

Amendment 18Amendment 18: : Prohibition of LiquorsProhibition of Liquors, January 16, , January 16, 1919.1919.

Amendment 19Amendment 19: : Women’s SuffrageWomen’s Suffrage, August 18, 1920., August 18, 1920. Amendment 20Amendment 20: : Terms of the President and Terms of the President and

CongressCongress, January 23, 1933., January 23, 1933. Amendment 21Amendment 21: : Repeal of ProhibitionRepeal of Prohibition, December 5, , December 5,

1933.1933.

Revising the Presidential Electoral Revising the Presidential Electoral ProcessProcess


LIMITATION OF PRESIDENTS TO TWO TERMSLIMITATION OF PRESIDENTS TO TWO TERMS

February 27, 1951February 27, 1951

“ “No person shall be elected to the office of the No person shall be elected to the office of the President more than twice, and no person who has President more than twice, and no person who has held the office of President, or acted as President, held the office of President, or acted as President, for more than two years of a term to which some for more than two years of a term to which some other person was elected President shall be other person was elected President shall be elected to the office of the President more than elected to the office of the President more than once. But this article shall not apply to any person once. But this article shall not apply to any person holding the office of President when this article holding the office of President when this article was proposed by the Congress, and shall not was proposed by the Congress, and shall not prevent any person who may be holding the office prevent any person who may be holding the office of President, or acting as President, during the of President, or acting as President, during the term within which this article becomes operative term within which this article becomes operative from holding the office of President or acting as from holding the office of President or acting as President during the remainder of such termPresident during the remainder of such term””

The Presidential SuccessionThe Presidential SuccessionAmendment 25Amendment 25

PRESIDENTIAL DISABILITY AND SUCCESSIONPRESIDENTIAL DISABILITY AND SUCCESSION

February 10, 1967February 10, 1967

“ “In case of the removal of the President from office or of his death or resignation, the Vice In case of the removal of the President from office or of his death or resignation, the Vice President shall become President…President shall become President…Whenever there is a vacancy in the office of the Vice Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress…Whenever the President confirmation by a majority vote of both Houses of Congress…Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President…. such powers and duties shall be discharged by the Vice President as Acting President…. Whenever the Vice President and a majority of either the principal officers of the Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office”resume the powers and duties of his office”

More Contemporary More Contemporary AmendmentsAmendments

Amendment 23Amendment 23: : Suffrage in the District of Suffrage in the District of ColumbiaColumbia, March 29, 1961, March 29, 1961

Amendment 24Amendment 24: : Poll TaxesPoll Taxes, January 23, 1964, January 23, 1964 Amendment 26Amendment 26: : Suffrage for 18-Year-OldsSuffrage for 18-Year-Olds, July 1, , July 1,

19711971 Amendment 27: Amendment 27: Congressional SalariesCongressional Salaries, May 7, 1992, May 7, 1992

CHAPTER SIX

Documents

Transcript of CHAPTER SIX