Instruction 4-1

Pre-Test		Post-Test
Q&A	Ssssshhhh! We're Writing the Constitution!	Q&A

Amending the Constitution | Interpreting the Law | A Case for Civil Rights

“Our Constitution is in actual operation; everything appears to promise it will last; but in this world nothing is certain but death and taxes.”

While Franklin wasn’t sure how well the Constitution would hold up over time, the fact is that it has held up well for more than 200 years, since it was first written. There are two reasons for this:

1. The Constitution was written well in the first place.
    
2. The Constitution is a flexible document.

Because the Constitution is flexible, it can be interpreted in different ways, depending on the times. It includes two provisions that allow Congress to act as needed to face any conditions. One of these provisions is known as the elastic clause. This clause instructs Congress to make all laws that are necessary and proper in order to carry out the powers of government.

The Amendment Process
An amendment is an addition to a formal document. The Framers of the Constitution wanted to allow additions to be made to the Constitution as needed. They set up the amendment process in order to allow government to meet the changing needs of society.

According to the Constitution, there are two ways to amend the Constitution. Only the first of these has been used to this point.

At this point in history there are 27 amendments to the Constitution. The first 10 of these are the Bill of Rights that were discussed in a previous lesson. Let’s take a look at Amendments 11 – 27:

Amendment 11: Suits Against States
This amendment discusses lawsuits against states. If a citizen of the U.S. or a foreign nation wants to bring a lawsuit against a state, it must be tried in state courts. Federal courts don’t have jurisdiction over it.

Amendment 12: Election Method
This amendment provides for an electoral college to use separate ballots when voting for the president and vice president. This amendment came about because there was a problem with the method of election for these two offices. Today many people think the Electoral College is not useful anymore, and there have been suggestions about how to change it or even get rid of it. But for now it stands due to Amendment 12.

Amendment 13: Abolition of Slavery
This very important amendment is one of the two Civil War amendments. This amendment and Amendment 15 grew out of that great conflict. The Thirteenth Amendment makes slavery illegal in the United States.

Amendment 14: Rights of Citizens
When this amendment was first written, it was meant to protect the rights of freed slaves. Today it protects all citizens. No citizen can be denied life, liberty, or the pursuit of happiness without “due process of law.” Also, citizens are equally protected in all states.

Amendment 15: Right to Vote
This is the second of the Civil War amendments. It says that the government can’t take away a person’s right to vote based on race. This law was passed in 1870, but for almost 100 years after this was passed, many states still tried to deny African Americans the right to vote. During the 1950s and 1960s, Congress began to pass laws to enforce this amendment.

Amendment 16: Income Tax
This amendment allows the federal government to collect income taxes.

Amendment 17: Direct Elections
This amendment says that citizens, not state legislatures, elect United States senators.

Amendment 18: Prohibition
This amendment is interesting because it is no longer active. It was passed in 1919 to prohibit the production, sale, or transportation of alcoholic beverages in the United States. This started a period of time known as the Prohibition. The law was very difficult to enforce. It was repealed, or overturned, by the Twenty-First Amendment.

Amendment 19: Women Suffrage
The Nineteenth Amendment was passed in 1920. It ensures women the right to vote. By this time, many states allowed women to vote in state elections. However, this law made it their constitutional right in all states and in national elections.

Amendment 20: “Lame Duck” Amendment
This law sets new dates for the inauguration of the president and vice president. It also sets new dates for Congress to begin its term. Prior to this, elected officials who retired or who had been defeated in an election remained in office from November until March. They didn’t really have any power since everyone knew they were leaving, so they were called “lame ducks.” This law helped solve that problem.

Amendment 21: Repeal of Prohibition
The Twenty-First Amendment overturned the Eighteenth Amendment. It is the only amendment passed to repeal a previous amendment.

Amendment 22: Presidential Term Limit
Franklin D. Roosevelt was elected president for four terms (sixteen years). This amendment was a reaction to that. It limits presidents to serving a maximum of two terms. Also, if a vice president succeeds a president and serves for more than two years, he or she can only be elected for one more term.

Amendment 23: Electors in Washington, D.C.
This amendment allows citizens who live in Washington, D.C., to vote for the president and vice president. Before this, no one who lived there had this right.

Amendment 24: Poll Tax
A poll tax was a tax people had to pay if they wanted to vote. Some states used the poll tax to keep low-income African Americans from voting. This law banned poll taxes for federal elections. A later law prohibited poll taxes in state elections too.

Amendment 25: Presidential Disability and Succession
This amendment sets up a procedure that will take place if a vice president has to take over for the president. This would happen if the president was disabled and unable to carry out the duties of the office. This law also describes who would take the vice president’s office at that point.

Amendment 26: Voting Age
In 1971, this amendment was passed to lower the voting age to 18.

Amendment 27: Salary Restraints
This amendment says that if a salary increase for elected officials is passed in Congress, it won’t become effective until the next term. This amendment was actually proposed by James Madison back in 1789, but it wasn’t passed. In 1982 a college student found the forgotten amendment and crusaded to have it passed.

Video Instruction
*Availability of You Tube video links may vary. eTAP has no control of these materials.

• How to Amend the Constitution [1:22]

• Effects of 18th Amendment – Cronkite Remembers [2:19]

• 19th Amendment [2:07]

for Students, Parents and Teachers

Now let's do Practice Exercise 4-1 (top).

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