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First 10 Amendments to the Constitution I Amending the Constitution (review) - Any change in the Constitution is called an amendment. - Article V of the Constitution explains the two steps in the amendment process: (1) may be proposed in either of two ways (a) vote of two-thirds of the members of both houses of Congress (b) by a national convention (2) two-thirds of the state legislatures must request a national convention (such a convention has never been called). A) Ratifying Amendments (review) - Once an amendment has been proposed, three-fourths of the states must ratify it. - The states have two ways to ratify an amendment: (1) either by a vote in each state legislature or (2) by calling special state conventions *Since 1789, 10,000 amendments have been proposed, but ONLY 27 have been RATIFIED!! SEVEN-YEAR TIME LIMIT. - If three-fourths of the states have not approved an amendment by then, it DIES. - Congress, however, CAN EXTEND this TIME LIMIT!! ** Since the early 1900s, Congress has called for a II Bill of Rights - The FIRST 10 AMENDMENTS TO THE CONSTITUTION ARE KNOWN AS THE BILL OF RIGHTS! A) First Amendment - The BEST KNOWN and MOST CHERISHED - It PROTECTS FIVE BASIC FREEDOMS that are ESSENTIAL to the AMERICAN WAY of LIFE: freedom of (1) religion, (2) speech, (3) the press, (4) assembly, & (5) to petition the govt. B) Second Amendment - GUARANTEES AMERICANS the RIGHT to SERVE in a STATE Militia & to BEAR ARMS. C) Third Amendment - LIMITS the POWER of the NATIONAL GOVT. to FORCE AMERICANS to QUARTER (house) SOLDIERS. - In peacetime, soldiers MAY NOT move into private homes w/out consent from the owner. - In times of war, the practice is ALO PROHIBITED UNLESS PEOPLE are requested to do so by law. D) Fourth Amendment (sometimes called the PRIVACY AMENDMENT) - PROTECTS AMERICANS AGAINST UNREASONABLE SEARCHES and SEIZURES (coming into/onto their private property, searching, and/or taking something w/out a reasonable and lawful reason to do so). E) Fifth Amendment (1) - NO ONE CAN BE PUT ON TRIAL W/OUT FIRST BEING INDICTED (formally accused), by a GROUP of CITIZENS called a GRAND JURY. (2) - This also protects people from DOUBLE JEOPARDY: being accused of the same crime twice (example – if you are set up by someone and go to prison for him/her, get out, find out he/she is still alive, and kill him/her for real), OR accused of a crime & judged NOT GUILTY MAY NOT BE PUT ON TRIAL AGAIN FOR THE SAME CRIME! (3) PROTECTSAN ACCUSED PERSON’S RIGHT TO REMAIN SILENT: YOU CANNOT BE FORCED TO TESTIFY AGAINST YOURSELF (or your spouse)! (4) NO ONE CAN BE DENIED LIFE, LIBERTY, or PROPERTY W/OUT DUE PROCESS OF LAW (following procedures established by law and guaranteed by the Constitution). (5) PROTECTS A PERSON’S PROPERTY RIGHTS: LIMITS THE GOVT.’S POWER OF EMINENT DOMAIN (the right of govt. to take private property – usually land – for public use). F) Sixth Amendment -This guarantees additional rights to people accused of crimes. (1) They MUST be told the EXACT nature of the charges AGAINST THEM. (2) Trial by jury.(ALTHOUGH one may ask for a trial with a JUDGE only) G) Seventh Amendment - Guarantees the right to a jury trial in civil cases if the amount of money involved is more than $20.00. H) Eighth Amendment (1) It forbids excessive bail (that is an amount that is much too high). (2) It also forbids CRUEL and/or UNUSUAL punishment (It is generally agreed that it means that punishment should be in proportion to the crime committed). I) Ninth Amendment - The rights spelled out in the constitution are NOT the only rights of American people. J) Tenth Amendment - This is a reminder of what the Constitution DOES NOT say. - Under the 10th Amendment, ANY POWERS the CONSTITUTION DOES NOT SPECIFICALLY GIVE to the NATIONAL GOVT. are RESERVED for the STATES or for the PEOPLE.