The Constitution and the

Amendment Process
Methods of Proposal
Methods of Proposal

Method 1
By 2/3 vote in
both the House
and the Senate
[most common method
of proposing an
amendment]
Methods of Proposal

Method 1 Method 2
By 2/3 vote in By national
both the House Or constitutional
and the Senate convention called by
[most common method
Congress at the
of proposing an request of 2/3 of the
amendment] state legislatures
[This method has never been
used]
Methods of Ratification
 Methods of Ratification

Method 1
By legislatures in
¾ of the states
[in all but one case, this
is how amendments have
been ratified]
 Methods of Ratification

Method 1 Method 2
By legislatures in Ratified through
¾ of the states Or conventions in ¾ of
the states.
[in all but one case, this
is how amendments have [Only been used once to
been ratified] ratify the 21st Amendment]
Exploring the Bill of Rights
For the 21st Century
1st Amendment
 Free Speech
 Freedom of Religion
 Freedom of the press
 Freedom to peaceably assemble
 Freedom to petition the government
Freedom of Speech
Congress shall make no laws . . .
abridging the freedom of speech
Freedom of Religion
Congress shall make no law
respecting an establishment of
religion or prohibiting the free
exercise there of
Freedom of the Press
Congress shall make no law . . .
abridging . . . the freedom of the
press.”
 Freedom of
of Assembly
Assembly

Congress shall
make no law . . .
Abridging . . . The
people to peaceably
assemble”
 Petition the Government
Congress shall make
no law . . .
Abridging . . . the
people. . . to
petition the
government for a
redress of
grievances”
2nd and 4th Amendments
 2nd
 The Right To Bear
Arms
 4th
 Protection from
unreasonalbe
search and seizure
 Need for a search
warrant and
probable cause
5th Amendment
 Double Jeapordy

 Self Incrimination

 Due Process
6th Amendment
 Jury Trial

 Confront Witness

 Right to Counsel
7th Amendment
 Civil Trial Jury
Requirement
8th Amendment
 No excessive
bail

 No cruel and
unusual
punishment
9th Amendment
 Rights retained by the people
 Fundamental rights
10th Amendment
The powers not delegated to the United
States by the Constitution, nor prohibited
by it to the States, are reserved to the
States respectively, or to the people.
[states' rights]
10th Amendment

 Reserved Powers

 Concurrent Powers

 Delegated Powers

 Implied Powers
Delegated Powers
 To delegate means to specifically assign, in
this case delegated powers are those powers
specifically assigned to the Federal
Government.

 These are also referred to as enumerated

powers.
Reserved Powers
To reserve is to save, in this
case all powers not specifically
delegated the Federal
Government are to be reserved
or saved for the State
Governments.
Concurrent Powers
Concurrent means "at the same
time", in this case concurrent
powers are those that both the
federal and state governments
have simultaneously. 
Implied Powers
 These are powers that are NOT specifically delegated in the
Constitution, but are understood to be necessary or allowed. The elastic
clause or necessary and proper clause allows these by stating that
Congress has the power "to make all laws which shall be necessary and
proper for carrying into execution the foregoing powers" (art. I, sec. 8).
Examples include:
 Hamilton's creation of the National Bank - no power to create
banks is delegated the Federal Government, however it was
deemed necessary and proper to form a bank to aid in Congress's
power to coin money and regulate the economy. (see McCullough
vs. Maryland 1819)
 Regulation of Railroads, Shipping, Highways - Congress is
delegated the power to regulate interstate trade and as such it is
implied that Congress also has the power to regulate interstate
transportation by which interstate trade is made possible. (see
Gibbons vs. Ogden 1824)
The Other Amendments
 There are 27 Amendments or
changes to the Constitution
12th Amendment
 Electing the President
13th Amendment
 Section 1. Neither slavery
nor involuntary
servitude…shall exist
within the United States,
or any place subject to
their jurisdiction.
 Ratified December 6,
1865
 Mississippi would ratify in
1995
14th Amendment
 Section. 1. All persons born or naturalized
in the United States and subject to the
jurisdiction thereof, are citizens of the
United States… No State shall make or
enforce any law which shall abridge the
privileges or immunities of citizens of the
United States; nor shall any State deprive
any person of life, liberty, or property,
without due process of law; nor deny to
any person within its jurisdiction the equal
protection of the laws.
14th Amendment Cont.
 Defines citizenship
 States cannot take away citizenship
 Provides due process of law
15th Amendment
 Section. 1. The
right of citizens
of the United
States to vote
 Ratified in 1870
as part of
Reconstruction
16th and 17th
 16th- Income Tax (our main source of
revenue today)

 17th – Direct election

of Senators
18th and 21st Amendments
 18th Prohibition
(1919)

 21st Repealed
the 18th (1933)

 Mistakes can be
made and
corrected
19th Amendment
 Women’s
Suffrage

 The right to vote

granted by the
19th Amendment
in 1920
20th Amendment
 “Lame Duck” amendment
 Inauguration Day
 From March 3rd
to January 20th
22nd Amendment
 Limits
Presidential
terms to two

 Franklin D.
Roosevelt only
four – term
President
23rd Amendment
 3 Electors for Washington D.C.
24th Amendment
 No Poll Tax to vote
25th Amendment
 Presidential Succession
26th Amendment
 Section 1. The right of
citizens of the United
States, who are 18 years of
age or older, to vote, shall
not be denied or abridged
by the United States or any
state on account of age.

 Yes, you get to vote! Start

now!
Political Cartoon #1
Title: Flag Burning Amendment

Gary Markstein, Wisconsin, The Milwaukee Journal-Sentinel , July 18, 2005 ,

http://www.politicalcartoons.com
Political Cartoon #2
Title: Flag Burning

Steve Breen, The San Diego Union-Tribune, July 25, 2005

http://www.politicalcartoons.com