The

Amendment
Process
 What? Why?
● What is an amendment?
○ Amendment - a change to a law or government document
● Why would we amend?
○ Because…
■ We were wrong
● 13th Amendment - End slavery
● 15th Amendment - Right to vote men of all races
● 19th Amendment - Right to vote everyone over 21 years old
■ We thought it would help (18th Amendment - Prohibition)
● And then changed our mind (21st Amendment)
■ We didn’t know we would have a problem (12th Amendment -
President and Vice President are elected together)
 When?
● Immediately...
○ Constitution was ratified with 10 Amendments added on
■ The Bill of Rights - The first 10 Amendments of the Constitution
● ...and ever since!
○ Amendments can be proposed by Congress or the States if they feel that the issue is important
enough to warrant a change to the Constitution.
● Technically, there’s no time limit
○ Constitution says that Amendments must be ratified...but didn’t specify how long it should take
○ Current now include a time limit in the Amendment or the introduction text
● Proposed but never ratified but still pending
○ Congressional Apportionment Amendment (1789) - limit number of representatives a state
could have in the House of Representatives
○ Child Labor Amendment (1924) - “Empower the federal government to limit, regulate, and
prohibit child labor”
○ Corwin Amendment (1861) - prevent future constutituional amendments from abolition of
“domestic institutions” (slavery)
 How?
Method 1:
● ⅔ Congress (both the House & Senate)
proposes an Amendment
● Amendment is sent to the governors of
the states for ratification
● Governor submits the amendment to the
state legislature
● Need ¾ of the states to ratify the
amendment
Method 2:
● ⅔ state legislatures demand
an amendment, Congress
must convene a constitutional
convention
● Delegates would then attend to
propose the amendment if ⅔
of Congress (both House and
Senate) propose the
Amendment
● Continue with Method 1 Step
2.
A Handy Dandy Chart...
 What is the Bill of Rights?
● Bill of Rights - the first 10 Amendments of the Constitution
○ Required by Anti-Federalists in exchange for ratifying the
Constitution
● Wanted to ensure that these specific rights would be protected
● Bill of Rights can be broken into three categories:
○ Personal rights
○ Legal rights
○ Other rights
 1st Amendment
● What does it guarantee?
○ Freedom of religion, speech, press, assemble, petition the government
● Why was it included?
○ Prior to and during the Revolution there were times when these were denied by the government -
Massachusetts assembly was dissolved after they supported a letter that was critical of the
Townshend Acts.
● How is it used today?
○ Tinker v. Des Moines Independent Community
School District
○ Mary Beth Tinker, Christopher Eckhardt,
John F. Tinker
○ Expelled after wearing black armbands to
protest the Vietnam War
○ Supreme Court ruled in the students’ favor
○ Students have the right to express themselves,
“Providing they are not disruptive to the school
day”
 2nd Amendment
● What does it guarantee?
○ Right to keep and bear arms
● Why was it included?
○ The Amendment states that “A well-regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be infringed”.
■ Militias played a pivotal role in protecting the colonies/states and defeating the British.
● How is it used today?
○ Two perspectives:
■ The amendment relates to militias so only those in a “well-regulated” militia (a trained,
discipline group) should have access to guns
■ The amendment states the “right to bear arms” so citizens have a right to own guns.
○ District of Columbia v Heller
■ Supreme Court ruled that the Amendment does include the right for citizens to “keep and
use handguns in the home”
 3rd Amendment
● What does it guard against?
○ “No soldier shall, in time of peace be quartered in any house, without the consent of the owner,
nor in time of war, but in a manner to be prescribed by law”
○ NO MORE SOLDIERS IN THE HOME!!!
● Why was it included?
○ Soldiers had been quartered in the colonies prior to and during the Revolution
● How is it used today?
○ Um...It’s not really used much.
○ Last time it was applicable was during the War of 1812 when the US government quartered
troops in private homes.
 4th Amendment
● What does it guard against?
○ Protect against unlawful search and seizures, a warrant or probable cause is needed for a place
to be searched.
● Why was it included?
○ Before the Revolution British tax collectors could enter with a general warrant without evidence
of any wrongdoing.
● How is it used today?
○ New Jersey v TLO
■ Students were caught smoking in the restroom. After going to the principal one confessed
while TLO denied it. Since she was caught in the act, the principal had reasonable cause to
search her purse. This search revealed drugs.
■ Supreme Court ruled that schools must have a “reasonable suspicion” to search a student’s
bookbag and purse.
 5th Amendment
● What does it guarantee?
○ Cannot be forced to testify against yourself, in civil and criminal cases due process is required.
■ Due Process - a fair trial that follows the defined procedures of the judicial system
○ Cannot be tried twice for the same crime (Double Jeopardy)
● Why was it included?
○ Right by trial had been denied to the colonists, this would help to ensure that all citizens would
be given a fair trial.
● How is it used today?
○ Miranda v Arizona - Suspects may not know their rights when they are arrested (such as the
right to remain silent or the right to an attorney).
○ Supreme Court ruled that confessions can only be accepted when the suspects know their rights
to prevent unscrupulous prosecutors from harming innocent suspects.
 6th Amendment
● What does it guarantee?
○ Right to a speedy and public trial, impartial jury, told the charges against you, lawyer
● Why was it included?
○ Before the Revolution there were times when trial by jury was denied
● How is it used today?
○ Gideon v Wainwright - Denied the right to an attorney after being charged with breaking and
entering. Florida at this time only gave state-appointed lawyers for capital cases
○ Supreme Court ruled that criminal defendants in state court have a right to appointed counsel if
they cannot afford one.
 7th Amendment
● What does it guarantee?
○ The right to request a trial by jury in a civil case (individual v. individual/corporation)
● Why was it included?
○ Trial by jury had been denied before the Revolution
● How is it used today?
○ Tull v United States
■ Tull was accused of violating the Clean Water Act. He requested a jury trial. He was
denied.
■ Supreme Court ruled that he had the right to a jury trial but that the jury couldn’t set the
amount of the penalty (fine)
 8th Amendment
● What does it guard against?
○ Excessive fines and cruel and unusual punishment
● Why was it included?
○ To protect against excessive and cruel punishments
○ Was included in the English Bill of Rights as well as the Declaration of Rights for Virginia
● How is it used today?
○ Roper v Simmons
■ 17 year old murdered a neighbor, confessed, and found guilty. He was given the death
penalty, even thorugh he was a minor and had no criminal history.
● After another case was ruled by the Supreme Court that “the intellectually disabled”
could not be given the death penalty he appealed.
● Supreme Court ruled that to give a minor the death penalty counted as “cruel and
unusual punishment.”
 9th Amendment
● What does it guarantee?
○ Protects other natural rights - those rights that a person has, but might not be listed specifically
● Why was it included?
○ To make sure that future generations had protections for rights that the Framers couldn’t think
of or didn’t exist at the time.
● How is it used today?
○ Right to privacy
■ Collect data from cell phones without a warrant
● GPS locations, phone calls, emails, etc.
 10th Amendment
● What does it guarantee?
○ That all powers not delegated to the federal government or prohibited to the states, are reserved
for the states.
● Why was it included?
○ In case the Framers forgot any powers that the states should have, allow state power to expand
as needed based on the country
● How is it used today?
○ Ensure states have certain powers
■ Traffic laws, local business laws