LESSON 21- THE AMENDMENT PROCESS

SS.7.C.3.5 & SS.7.C.3.7

OverviewIn this lesson, students will learn about amending the U.S. Constitution and ratifying proposed

amendments, including the sequence and importance of the process. Students will understand how civil rights have expanded over time through the amendment process and the impact the expansion has had on citizens.

Essential Questions How can the United States Constitution be amended? Why is the amendment process difficult? How

have voting and civil rights expanded over time? What has been the impact of this expansion?

NGSSS Benchmark SS.7.C.3.5 Explain the constitutional amendment process. SS.7.C.3.7 Analyze the impact of the 13th, 14th, 15th, 19th, 24th, and 26th amendments on

participation of minority groups in the American political process.

Learning Goals/Benchmark Clarifications Students will recognize the methods used to propose and ratify amendments to the U.S.

Constitution. Students will be able to identify the correct sequence of each amendment process. Students will identify the importance of a formal amendment process. Students will recognize the significance of the difficulty of formally amending the U.S. Constitution. Students will recognize the rights outlined in these amendments. Students will evaluate the impact these amendments have had on various social movements. Students will analyze historical scenarios to examine how these amendments have affected

participation in the political processes. Students will recognize how the amendments were developed to address previous civil rights

violations.

Bell Ringer•What do you think is going on in this cartoon?

•What is the issue on which it is focusing? How do you know?

•What do you think is going on symbolically in this cartoon?

•What is the issue on which it is focusing?

Bell Ringer ExplainedAn anti-suffragist sings in the foreground, directed by a political boss and accompanied by a procurer, a dive keeper, a child labor employer, a grafter, a cadet, and a sweat-shop owner. Caption: "'I did not raise my girl to be a voter’; soprano solo with vociferous supporting chorus of male voices." (1915)

Suffragist were people fighting for women’s voting rights. Anti-suffragist were opposed to women gaining this right.

A Bad Romance The struggle for women’s suffrage in the early 20th century, resulting in the

passage of the 19th Amendment that gave women the right to vote. The U.S. President was a silent observer of the events because the

President does not vote on constitutional amendments. The video you are about to watch depicts methods of civil disobedience

used by women’s suffrage activists and the treatment to which they were subjected.

The video also references passage of the 14th and 15thAmendments as part of the evolution of voting rights in the United States. The Fourteenth Amendment to the United States Constitution declared

that all persons born or naturalized in the United States are American citizens including African Americans.

The Fifteenth Amendment to the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's race, color, or previous condition of servitude.

The video depicts a group of Tennessee state legislators arguing before they voted on the amendment; this is an example of a caucus.

https://www.youtube.com/watch?v=co6qKVBciAw

Passage of the 19th 1848 – Seneca Falls, NY Convention, a proposal for woman suffrage passed at

the convention Post Civil War – Stanton and Anthony fought to have women included in the 14th

and 15th amendments 1872 – Susan B. Anthony was arrested, convicted, and fined for trying to vote 1875 – the Supreme Court said that states were not required to allow women to

vote Early 1900s - Carrie Chapman Catt and the National American Woman Suffrage

Association lobbied government and Alice Paul and the National Woman’s Party participated in civil disobedience as methods of fighting for suffrage

1919 – the 19th Amendment was ratified by Congress but did not get enough state-level ratifications. States’-rights advocates, the liquor lobby, some businesses and some women opposed the ratification

1920 - The amendment was decided by one vote, that of 24-year-old legislator Harry Burn, who voted "yes" in response to a letter from his mother saying, "Hurrah, and vote for suffrage!"

August 26, 1920 – the 19th Amendment was officially ratified. 72 years after the Seneca Falls Convention

How to Change the Constitution Article V of the Constitution describes ways that the Constitution can be changed, or

amended, requiring a two-thirds consensus in each house of Congress. Article V of the Constitution also explains the two possible processes for amending the Constitution. (Refer to your copy of the Constitution)

Amending the U.S. Constitution This Article explains the ways our Constitution may be changed, or amended.  One method of amending the Constitution is for 2/3 of each house (287 of the 435-

member House of Representatives, and 66 of the 100 Senators) to pass a proposed amendment and send it to the states’ legislatures.  It takes 3/4 (38) states’ approval of the amendment in order for it to be added to the Constitution 

We the People do not directly vote on new amendments, and the President does not vote on or veto any amendment.

Another method for amending the Constitution is a Constitutional Convention to be called for by 2/3 (33) of the state legislatures.  At such a convention, one or more amendments can be proposed and then sent to the state legislatures (or state conventions) for approval – again, 3/4 of the state legislatures must approve.  (This method has not been used successfully).

*Make sure to note somewhere on your paper that 2/3 of each house of Congress and ¾ of state legislature must ratify (or give formal consent) to a proposed amendment in order for it to be added to the Constitution.

Using the information above work with a partner to fill in the Amendment Process flowchart.

Take a guess on the challenge questions.

Did you get it?

Political Cartoon Analysis •What do you think is going on in this cartoon? •What is the issue on which it is focusing? How do you know? •Who do you think this person represents? •Why do you think the artist included the seal at the top of the cartoon?

Political Cartoon Analysis

The 15th Amendment provided that the right to vote would not be denied or abridged on the basis of “race, color or previous condition of servitude”.

Although the 15th Amendment guaranteed the right to vote for African Americans, southern officials found various means to take that right away. One way was requiring that citizens pass a literacy test in order to register to vote.

A literacy test required citizens to prove that they were able to read and write before being registered to vote; literacy tests were used primarily to deny African Americans and other minority groups the right to vote.

Voting Rights The political cartoon represents just one facet of the

larger issue of voting rights. You will learn about specific amendments and laws related to voting rights and their impact on the participation of minority groups in the American political process. Voting rights are a subset of civil rights. Civil rights are the rights belonging to citizens; traditionally referring to the basic rights to be free from unequal treatment based on certain protected characteristics (i.e. race, gender, disability). Due to the fact that the right to vote is a civil right; the amendments that will be studied will look at how amendments have been passed to address previous civil rights violations and expand the amount of people able to exercise the right to vote.

Voting Rights Timeline As a group fill in the Voting Rights

Timeline chart. Work should be divided up and every person should be assigned two dates to complete and share.

Leave 1964, 1965, & 1968 rows blank for now.

Let’s Vote – Voter’s Timeline

• After each date is read aloud, stand up if you have a mock identity that can vote in federal elections in that year. Be ready to explain how you acquired the right to vote by sharing the evidence you cited on their “Voting Rights Timeline”.• Remain standing until all of the voting years have been called. • As the years were read from the timeline, what did you notice about the amount of students standing? If you were a women or minority in the years 1788-1867, were you allowed to vote in federal elections? What impact do you think this had on a woman or minority’s ability to participate in the political process? How do the amendments create an environment for greater participation?

Equal Rights

Although amendments were added to the U.S. Constitution to expand civil rights, and especially the voting rights of certain groups, the amendments did not end the writing and passing of laws to protect civil rights of various groups. Instead, the amendments empowered various groups to pursue laws to gain equal rights in all aspects of life.

Alice Paul, one of the leaders of the women’s suffrage movement, believed that freedom from legal sex discrimination required an Equal Rights Amendment. In 1923, the ERA was first introduced.

The amendment was introduced in every session of Congress until it passed in a reworded form in 1972.

In the 1960s, women organized to demand their rights, including the ERA.

The Equal Rights Amendment passed both houses of Congress on March 22, 1972 and was sent to the states for ratification. Congress placed a seven-year deadline on the ratification process, however the amendment was not ratified.

Anti-ERA organizers claimed that the ERA would deny woman’s right to be supported by her husband, privacy rights would be overturned and women would be sent into combat.

The Equal Rights Amendment continues to be pursued by women’s groups and members of Congress

What do you see in this photo? What does the signage say? What do you think the people in this photo want?”

The Journey to Civil Rights The 13th, 14th, and 15th amendments outlawed slavery, provided for equal

protection under the law, guaranteed citizenship, and protected the right to vote for African Americans. The amendments also outlined that Congress could pass appropriate, specific legislation to enforce the rights outlined in the amendments.

Many of the laws to protect these rights were left up to the states to carry out. This led to individual states controlling the treatment of African Americans and some southern states found ways to abuse the civil rights of minorities. African American groups grew more and more vocal and persuasive in their demands for equal treatment and rights throughout the 1950s and 1960s, and many white Americans began to also see the need for civil rights laws.

During the 1950s, African Americans began to protest their treatment more publicly and actively as they demanded overall protection of their civil rights. African American protesters pointed to a number of social inequalities from which they suffered. Segregation, or separation based on race, prevented them from using a variety of public facilities on an equal basis with whites. African Americans were restricted in their use of public city buses, park facilities, and restrooms. Educational opportunities were also limited by the practice of separating African Americans and whites and providing African Americans with inferior instructional equipment. Finally, employment practices throughout the South and in many northern cities restricted African Americans' ability to advance economically.

Civil RightsDr. Martin Luther King, Jr.’s Letter from Birmingham Jail, April 16, 1963:

“My friends, I must say to you that we have not made a single gain in civil rights without determined legal and nonviolent pressure. Lamentably, it is an historical fact that privileged groups seldom give up their privileges voluntarily.”

What do you think was Dr. King’s approach to fighting for civil rights? What does he mean that privileged groups seldom give up their privileges voluntarily?

Watch: http://www.history.com/topics/black-history/civil-rights-movement/videos/martin-luther-king-jr-leads-the-march-on-washington?m=528e394da93ae&s=undefined&f=1&free=false

The Journey to Civil Rights The Civil Rights Act of 1964 was landmark legislation in

attempting to improve the quality of life for African Americans and other minority groups in the United States. The Act prohibited discrimination, or unfair treatment, of all kinds based on race, color, religion, or national origin. The act outlawed segregation in businesses such as theaters, restaurants, and hotels. It banned discriminatory practices in employment and ended segregation in public places such as swimming pools, libraries, and public schools. The law also provided the federal government with the powers to enforce desegregation. The Civil Rights Act of 1964 made it illegal to apply unequal voter registration requirements but did not get rid of literacy tests.

Write a summary statement in the 1964 blank line of your voter timeline.

Based on what you have just read, why do you think this cartoon was created in 1965? What might have happened in the country to inspire the artist to create the cartoon during this year? Do you think that the passage of the amendments we read about gave everyone an equal opportunity to vote? Even though amendments were created to expand voting rights, do you think this solved all the problems with voting rights.

Most citizens register to vote by signing their name and address on something like a postcard. But it was not always so. Prior to passage of the federal Voting Rights Act in 1965, southern, and some western, states maintained elaborate voter registration procedures whose primary purpose was to deny the vote to those who were not white. In the South, this process was often called the ‘literacy test’. It was more than a test; it was an entire system designed to deny African Americans the right to vote.

States determined voter registration procedures. Some states created literacy tests to determine

whether or not someone was eligible to register to vote.

Literacy tests were used as an intimidation factor to prevent minorities from registering to vote.

Ask students if they think most people would be prepared to take a literacy test like the one described in order to vote. Do they think it is fair to ask someone to do this before they can vote? http://www.lbjlibrary.org/lyndon-baines-johnson/speeches-films/president-johnsons-special-message-to-the-congress-the-american-promise/ (Watch video from 11:15-14-15)

The Journey to Civil Rights The Voting Rights Act of 1965 banned race discrimination in voting practices by

federal, state, and local governments. Despite the ratification of the Fifteenth Amendment in 1870, African Americans in the South faced enormous obstacles to voting, including literacy tests (a reading test used to determine if someone was eligible to register to vote) and other restrictions that resulted in being unable to vote. In some cases, African Americans faced harassment, intimidation, and physical violence when they tried to register or vote. As a result of these actions, very few African Americans were registered voters and they had very little political power at the local or national level. The Voting Rights Act of 1965 outlawed literacy tests and provided for the appointment of federal examiners to oversee the registration process in certain areas where there was a history of voter discrimination. Additionally, these areas could not change their voting procedures without getting approval from the federal government. This act shifted the power of qualifying voters from state and local officials to the federal government.

An additional Civil Rights Act, also known as the Fair Housing Act, was signed into law in April 1968. This act prohibited discrimination related to the sale, rental and financing of housing based on race, religion, national origin and sex. This act was a follow-up to the Civil Rights Act of 1964, and is seen as the final great legislative achievement of the civil rights era.

Write a summary statement for 1965 & 1968

Extension Activity – Seize the Vote

http://constitutioncenter.org/sieze-the-vote/

Content VocabularyWord/Term Part of

Speech Definition

amendment

noun a change to a constitution (e.g., U.S. Constitution, Florida Constitution)

caucus noun a meeting to select a candidate or promote a policy ratify verb to confirm by expressing consent or approvalrescind verb to officially cancel or overturn

13th Amendment proper noun an amendment to the U.S. Constitution that made slavery unconstitutional in the United States

14th Amendment proper noun an amendment to the U.S. Constitution that defines citizenship, grants citizenship to former slaves and defines voters as males at least 21 year of age

15th Amendment proper noun an amendment to the U.S. Constitution that makes it illegal for the federal or state governments to deny someone the right to vote based on their race

19th Amendment proper noun an amendment to the U.S. Constitution that gave women the right to vote24th Amendment proper noun an amendment to the U.S. Constitution that made poll taxes illegal as a requirement for voting26th Amendment proper noun an amendment to the U.S. Constitution that lowered the minimum voting age to 18amendment noun a change to a constitution (e.g., U.S. Constitution, Florida Constitution)civil rights noun the basic rights of citizens to be free from unequal treatment based on certain characteristics (e.g., race, gender,

disability)Civil Rights Act of 1964

proper noun a federal law that prohibits employment discrimination based on race, sex, color, religion, or national origin

Civil Rights Act of 1968

proper noun a federal law that prohibits discrimination related to the sale, rental and financing of housing based on race, religion, national origin or sex

discrimination noun treating a person or group unfairly based on their race, religion, gender, disability, or other reasonsEqual Rights Amendment

proper noun a proposed amendment to the U.S. Constitution outlawing discrimination based on sex

literacy test noun a written test used to decide whether or not someone was eligible to register votepoll tax noun a fee someone has to pay in order to vote prohibit verb to forbid or to not allow somethingsegregation noun the separation of people, such as segregation based on racestates’ rights noun a power or issue for individual states to determine suffrage noun the right to voteVoting Rights Act of 1965

proper noun a federal law that banned race discrimination in voting practices by federal, state, and local governments

1. What are the amendment procedures outlined in the U.S. Constitution?   Article V of the U.S. Constitution outlines two methods for introducing amendments to the U.S. Constitution.

These methods are:   Two-thirds of each house of Congress vote to amend the U.S. Constitution followed by three-fourths of the state

legislatures (or conventions of the state legislatures) approving the amendment. A national convention where two-thirds of all states are represented votes to introduce an amendment followed

by three-fourths of the state legislatures (or conventions of the state legislatures) approving the amendment. Both circumstances require that three-fourths of the state legislatures (or their conventions) approve an

amendment before it becomes part of the U.S. Constitution. The amendment procedure in many ways reflects a states’ rights approach, where the state legislatures or their conventions are responsible for ratifying all amendments.

  2. How are the significance and the difficulty of the amendment process related?   The Framers included an amendment process so that the Constitution would be a “living document”. As a

“living document”, the Constitution could be changed to reflect significant changes in the social and political landscape. While the Framers understood the need for an amendment process, they did not want the process to be easy. The Framers also wanted to insure “buy-in” from the national and state governments.

  The amendment process requires “supermajorities” from the Congress and state governments. The

requirement that 2/3 of each house of Congress approve any amendment exceeds the minimum 50%+1 required for votes on all bills. That three-fourths of the state legislatures must approve of any amendment plus requirements in Congress speaks to bringing together regional, political, ideological and demographic differences for the sake common goals.

  The Framers made the amendment process difficult because once an amendment is added to the

Constitution it is part of it; no federal or state law may conflict with it. Once a proposed amendment is ratified, no part of it may be found unconstitutional because that amendment is now part of the Constitution. This means that federal and state laws may be challenged as unconstitutional because they are believed to conflict with the Constitution. And, the U.S. Supreme Court sets precedents in its decision making such that, should a challenged state or federal law be found unconstitutional, that decision will have a long term impact. Finally, reversing an amendment requires another amendment which means that the same difficult process for amending the Constitution is needed in order to repeal an amendment.

3. In what ways, and how many times, has the U.S. Constitution been amended?   The Constitution has been amended 27 times; the first 10 amendments, the “Bill of Rights”, were ratified in 1791. The Constitution was

last amended in 1992.   Many constitutional amendments exhibit a theme or timeframe in which they were ratified such as the Bill of Rights which reflects the

Anti-Federalists’ fears that the federal government would infringe on basic personal and political rights. The “Civil War Amendments”, the 13th, 14th and 15th Amendments (1865-1870) were part of the post-Civil War Reconstruction. These amendments eliminated slavery, defined citizenship, and prevented the states from denying male citizens the right to vote. Southern states were expected to ratify these amendments following the Civil War in exchange for monetary support from the federal government. Three 20 th century amendments reflect concerns about a presidency growing too powerful; the 20 th Amendment (1933), reduces the “lame duck period” between Election Day and Inauguration Day, the 22nd Amendment (1951) limits the presidency to two four year terms and the 25 th Amendment (1967), which provides that the vice-president shall become “acting president” when the president is unable or unwilling to serve.

  Three amendments deny states the right to limit voting rights to certain populations including the 15 th Amendment (1870) protecting

racial minorities, the 19th Amendment (1920) protecting women and the 26th Amendment (1971) which extended voting rights to 18 to 21 year olds. Before the 15th and 19th Amendments were ratified, states could deny citizens voting rights based on race and sex. Before 1971, some states allowed only those 21 and older the right to vote.

  The last constitutional amendment denies Congress the right to raise its own pay (Congress may vote to raise the pay of the next

Congress; Congresses last two years), was originally approved by Congress in 1789 but was not ratified until 1992. This amendment had no ratification deadline. When Congress introduces an amendment, it may include a ratification deadline (typically seven years) although one is not required.

  Only one amendment has been rescinded. The 18th Amendment that prohibited the “manufacture, sale, or transportation” of alcohol

was ratified in 1919. It was rescinded with the 21st Amendment in 1933. Since then, there has been some debate about rescinding other amendments, such as the 22nd Amendment which limits presidential terms.

  In addition to the U.S. Constitution providing no ratification timeline, it is also worth noting that the U.S. Constitution is silent on two

other matters critical to amendment ratification. First, there is no provision for states rescinding their votes. A state legislature may ratify a federal amendment and then decide later, during the amendment ratification window, to rescind its vote. For example, during Equal Rights Amendment ratification period (originally 1972-1979, and then extended to 1983), four states that had ratified the amendment later reversed their votes. Questions have arisen as to whether a state has a right to take such action. Further, while Article V requires that three-fourths of the legislatures ratify amendments, the U.S. Constitution is silent on what constitutes legislative support. This means that some states may require 50%+ 1 for passage while others may require higher percentage thresholds such as 60% or more. In Illinois, for example, the state Senate voted 59% approval for the ERA while the House of Representatives voted 64% to ratify; however, the Illinois constitution required at least 60% of the vote in both houses for ratification. The same percentages in other states, such as Florida (which required 50% + 1 at the time), would have insured ratification.

  Article V of the U.S. Constitution provides for a state-centered amendment ratification process. While over 11,000 amendments have

been introduced, the U.S. Constitution has been amended 27 times, including one rescission. Further, all 27 amendments were introduced in Congress. In one instance of the 27 have the states ratified an amendment through ratifying conventions of the state legislatures (the 21 st Amendment); otherwise, all amendments have been ratified by state legislatures.

4. Amending the Florida Constitution  Amending the Florida constitution is a process quite different from amending the U.S.

Constitution. Unlike the two processes for amending the U.S. Constitution, amendments to the Florida may be submitted using one of five different methods. At the national level, only elected state and federal legislators may vote on constitutional amendments; in Florida, all registered voters may vote on amendments. One final difference is that the process for amending the U.S. Constitution has never changed; in Florida, many procedures have changed, including several in the 21st century (listed below).

  The following table is adapted and updated from “Vote Smart Florida” (Available at:

http://www.votesmartflorida.org/mx/hm.asp?id=waystoamendconstitution) which outlines the ways that amendments to Florida’s constitution are introduced.

Method Name What it Means

Ballot Initiative Process:

According to Article XI, Section 3 of the Florida Constitution, a committee must register with Secretary of State. The committee must collect a number of signatures equal to eight percent of the votes cast in the most recent presidential election from at least one-half of the congressional districts in the state. Based on presidential voting in 2008, 676,811 signatures are required for amendments to be placed on the 2010 and 2012 ballot secured from voters residing in at least 13 congressional districts.

Constitutional Convention:Florida voters may call a constitutional convention by collecting a designated amount of signatures and then gaining a majority of the vote to the question "Shall a constitutional convention be held?"

Constitutional Revision Commission: Composed of 37 members, this commission meets every 20 years to examine the constitution of the state and propose the amendments deemed necessary.

Legislative Joint Resolution: The Florida Legislature can pass a joint resolution supported by three-fifths of the membership of each house of the legislature.

1. The extension of civil rights and voting rights through the U.S. Constitution and federal law   The U. S. Constitution has been amended to extend voting rights to specific populations and to reduce

participation barriers. The Voting Rights Act of 1965 further extended voting rights by limiting or eliminating state-level practices that restricted voting rights guaranteed in the U.S. Constitution.

2. Voter suppression in two southern states: Alabama and Mississippi   All of the former confederate states worked in some way to suppress or eliminate voter registration and

participation among African-Americans although Alabama and Mississippi were particularly repressive.   In Alabama, voter registration took place at the courthouse, where the registrar’s office was usually open

two or three days each month for about two hours. It was typical for Sheriff’s deputies to spend time at the courthouse on these registration days to discourage “undesirables” from trying to register. Those who did get the chance to register faced further barriers, such as with the voucher system. Alabama also required that applicants pass a literacy test which consisted of three parts. The first part was an oral exam that asked applicants to interpret sections of the Constitution, while the second part required that applicants write answers to questions about information examined in the first part. Finally, applicants had to pass a written text that consisted of 68 questions. The 68 question exam was considered passed when all answers were answered correctly within the eight minute time limit. A three-member Board of Registrars would decide whether an applicant passed, no matter how that applicant performed on the three part examination. By contrast, it was typical for the Board of Registrars to “qualify” white voters even if their examination responses were incorrect.

  Similarly, in Mississippi, black applicants were asked various questions, such as “How many bubbles are in a

bar of soap?” or “How many seeds are in a watermelon?” as part of the voter application process. It was not uncommon for blacks to be asked to translate and interpret obscure Latin phrases, while whites who were asked to interpret the phrase “There shall be no imprisonment for debt” were allowed to register if they answered with “I thank that a Neorger should have 2 years in collage before voting because he don’t under stand” (spelling and punctuation in the original).

The results of these efforts showed in voter registration and turnout rates for African-Americans in Mississippi in 1964. In the south, black voter registration was about one-third, while in Mississippi it was 5.2%. In Holmes County, all but .2% (one fifth of one percent) of blacks were disqualified from voting, while more than 100% of whites were registered in that same county. In three Mississippi counties, not a single African-American voted.

The experiences in these two Deep South states show the extent to which former confederate states went in order to avoid implementing the letter and the spirit of the 15 th amendment.