AMENDING THE AMENDING THE CONSTITUTIONCONSTITUTION

Amendment Process (Article 5)Amendment Process (Article 5)– ProposePropose

Congress (2/3 vote) **Congress (2/3 vote) **

Convention called by 2/3 of statesConvention called by 2/3 of states– Ratification Ratification

3/4 of State Legislatures **3/4 of State Legislatures **

3/4 of State Conventions3/4 of State Conventions– Why four ways?Why four ways?

Convention

Conve

ntio

n

Legi

slat

ure

Congress

PR

OP

OS

E

RATIFICATION

AMENDING THE CONSTITUTIONAMENDING THE CONSTITUTION

– Two “unamendables”Two “unamendables”

No slave trade changes before 1808No slave trade changes before 1808

No change in Senate representationNo change in Senate representation

AmendmentsAmendments– 10,000 proposed10,000 proposed– 33 approved by Congress33 approved by Congress– 27 ratified27 ratified– Time limits on ratificationTime limits on ratification

AMENDING THE CONSTITUTIONAMENDING THE CONSTITUTION

10,000

33

27

BILL OF RIGHTSBILL OF RIGHTS

A product of compromiseA product of compromise– Many amendments proposedMany amendments proposed– Madison submitted 17Madison submitted 17– Congress approved 12Congress approved 12

BILL OF RIGHTSBILL OF RIGHTS

– Two of the 12 not ratifiedTwo of the 12 not ratifiedPopulation per House RepresentativePopulation per House Representative

– Make House smallerMake House smaller

Changes in congressional payChanges in congressional pay

– No law varying the compensation for the services of No law varying the compensation for the services of Senators and Representatives shall take effect, until an Senators and Representatives shall take effect, until an election of Representatives shall have intervened.election of Representatives shall have intervened.

– 1789 to 19921789 to 1992

Bill of Rights (cont.)Bill of Rights (cont.)

1st Amendment1st Amendment (natural rights) (natural rights)

– Establish religion or prohibit free Establish religion or prohibit free exercise of religionexercise of religion

– Freedom of speech and pressFreedom of speech and press

– Right to peaceably assembleRight to peaceably assemble

– Right to petitionRight to petition

Bill of Rights (cont.)Bill of Rights (cont.)

2nd Amendment2nd Amendment– Right to keep and bear Right to keep and bear

armsarms

3rd Amendment3rd Amendment– No peacetime quarteringNo peacetime quartering– Quartering only as Quartering only as

prescribed by law during prescribed by law during wartimewartime

Bill of Rights (cont.)Bill of Rights (cont.)

4th Amendment4th Amendment– No unreasonable search and seizureNo unreasonable search and seizure

Bill of Rights (cont.)Bill of Rights (cont.)

5th Amendment5th Amendment– Grand jury for capital or infamous crimesGrand jury for capital or infamous crimes– Double jeopardyDouble jeopardy– Self-incriminationSelf-incrimination– Due ProcessDue Process– Compensation for taking propertyCompensation for taking property

Bill of Rights (cont.)Bill of Rights (cont.)

6th Amendment6th Amendment--criminal trials--criminal trials– Speedy and public trialSpeedy and public trial– Impartial juryImpartial jury– Informed of chargesInformed of charges– Compel and confront witnessesCompel and confront witnesses– Counsel for defenseCounsel for defense

Bill of Rights (cont.)Bill of Rights (cont.)

7th Amendment7th Amendment--civil trials--civil trials– Jury trial if more than $20Jury trial if more than $20

8th Amendment8th Amendment– No excessive bail or finesNo excessive bail or fines– No cruel or unusual punishmentNo cruel or unusual punishment

Bill of Rights (cont.)Bill of Rights (cont.)

9th Amendment9th Amendment– This listing of rights doesn’t disparage othersThis listing of rights doesn’t disparage others

10th Amendment10th Amendment– Powers not delegated to national government Powers not delegated to national government

belong to the states or to the peoplebelong to the states or to the people