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Sec.2: Amending the Constitution

Sec.2: Amending the Constitution. A. The Formal Amendment Process 1. Article 5 allows for changes/additions to the Constitution. a. Allows Flexibility: Const. is a living document. b. Amd process reflects principle of federalism (Proposed in Congress, ratified by States)

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Sec.2: Amending the Constitution

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  1. Sec.2: Amending the Constitution • A. The Formal Amendment Process • 1. Article 5 allows for changes/additions to the Constitution. • a. Allows Flexibility: Const. is a living document. • b. Amd process reflects principle of federalism (Proposed in Congress, ratified by States) • c. 10,000 Proposals, 33 Sent to States, 27 passed. • d. Exception to Process: No state can be deprived of equal votes in Senate.

  2. 2. Proposing Amendments • a. By an act of Congress: 2/3 vote in both house. • b. Nat’l Convention: Called by Congress at request of 2/3 of states (34). Never been used. • 1) Rules for conv. are not clear. • 2) Any issue is fair game (ex: Philadelphia Convention)

  3. 3. Ratifying Amendments • a. Vote of State Legislatures: ¾ of states(38). • b. By vote in a ratifying convention in each state: ¾ states needed. Voters in state would elect delegates to attend (only 21st)

  4. 4) Congress decides which method to be used to ratify and how much time states will have to ratify. • 5) Recent proposals illustrate difficulty: • a. Equal Rights Amd (ERA): First intro in 1923, little support until 1970’s, following Civil Rights Movement.

  5. Sec.3: Enlarging the Const. • A. Const. has been amended 27 times. • 1. Bill of Rights (10) added in 1792 as a compromise between Federalists and Anti-Federalists. Limited National Gov’t only. S.C. has since applied to states through Due Process Clause of 14th Amd.

  6. a. Guarantees of basic Citizens’ Rights (1-10: 1791) 1)1st Amd: Freedom of religion, speech, press, assembly and petition. • b. Military protection and Rights 1) 2nd Amd: Right to state militias and to bear arms. 2) 3rd Amd: Prohibits quartering of soldiers (peacetime).

  7. c. Protection against Arbitrary Police and Ct. Action 1) 4th Amd: Prohibits unreasonable search and seizure. 2) 5th Amd: 1)Grand Jury for serious crimes 2)bans double jeopardy 3)prohibits self-incrimination 4)no loss of life, liberty, property w/o due process of law 5) eminent domain.

  8. 3) 6th Amd: 1)Right to speedy, public, impartial jury trial in criminal cases, 2) near crime 3) Habeus Corpus 4) right to counsel 5) right to call witnesses and cross-examine 4) 7th Amd: Right to jury trials in civil suits (>$20). 5) 8th Amd: Prohibits excessive bail and cruel & unusual punishment.

  9. d. Protection of States’ Rights and Other Rights 1) 9th Amd: Rights not listed are not necessarily denied. 2) 10th Amd: Powers not delegated to the Nat’l gov’t or denied to the states are reserved to the states.

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