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The
Amendment Process
Introduction
In 1984, Gregory Lee Johnson was arrested for burning the U.S.
flag at the Republican National Convention in Texas. He was
charged with violating a Texas law that banned the desecration
of the flag in an offensive manner. In the 1989 case of Texas
v. Johnson, the Supreme Court of the United States said that
Johnson's burning of the flag was a form of symbolic speech
that is protected by the First Amendment. The Court mentioned
the importance of protecting free speech, especially speech
that is unpopular or offensive to others. It said, "If there
is a bedrock principle underlying the First Amendment, it is
that the government may not prohibit the expression of an idea
simply because society finds the idea itself offensive or
disagreeable."
People who felt strongly about protecting the flag convinced
Congress to pass the Flag Protection Act of 1989. This
law made it a crime to knowingly mutilate, deface, physically
defile, burn, or trample a U.S. flag. In 1990, the Supreme
Court of the United States declared this law unconstitutional
in the case of United
States v. Eichman.
Questions to Consider:
- On what grounds did the Supreme Court of the United
States rule in Johnson's favor?
- When the Supreme Court of the United States declares a
law unconstitutional, is there anything citizens or other
branches of government can do? If so, what?
Checks and Balances
In the United States, we have a system of checks and
balances. This system allows various branches of government
to "check" one another's actions. For instance, when
Congress passes a law, the president can veto it or the
Supreme Court of the United States can declare the law
unconstitutional. If the Supreme Court of the United States
finds a law unconstitutional, but people agree with the law,
the Constitution can be amended or changed so that the law
becomes constitutional. However, this does not occur often.
The Constitution has been amended to overturn a Supreme
Court ruling only four times in history.
After the
Supreme Court of the United States declared the law banning
flag burning unconstitutional, Congress proposed a
Constitutional amendment. A version of this proposed
amendment that was before Congress in 2001 reads: "The
Congress shall have power to prohibit the physical
desecration of the flag of the United
States."
Questions for Discussion
- Define the term "amend".
- Why would the framers have wanted people to be able to
change the Constitution?
- Do you think the process of adding amendments to the
Constitution is a difficult or easy process? Explain your
opinion.
- How could you determine the actual process for amending
the Constitution?
The Amendment Process
- Read Article 5 of the United States Constitution.
- Diagram the process using the Blank
Diagram: Amending the United States Constitution.
Check your answers by comparing them to your teacher's completed
diagram.
- Note that there are two methods of initiating amendments
and two methods of ratifying them, for a total of four
possible routes. Why would one method be preferable to
others?
Evaluating the Amendment Process
- Work with your group to generate a list of ways in which
citizens can be involved in the process. Share responses
with other groups and take notes.
- Identify the advantages and disadvantages of the amendment
process. Use the attached Blank
Chart: Advantages and Disadvantages of the Amendment Process.
Your teacher will guide you through the process.
Closure
Discuss the following
questions:
- Which process is easiest? Which is the most
difficult?
- At which level are there the greatest opportunities for
citizen involvement? Explain.
For Extension
Complete one of the following
activities:
- Evaluate the amendment process. Should there be changes
to the process that make it easier or more difficult to
amend the Constitution? Why or why not?
- Write an amendment that you would like added to the
Constitution and choose the process you would use. Explain
the reasons for your amendment and choice of process.
- Like the United States as a whole, your state has a
Constitution. At times, this document has also needed to be
changed. The process for doing so is similar to that which
occurs at the federal level. Examine your state's
constitution
to find
out specifics of this process. Identify how the system of
checks and balances is at work. Make note of opportunities
for citizen involvement, as well as the similarities and
differences in the process at the federal and state
levels.
Note: This activity has been adapted
from a lesson called "The Amendment Process" that appeared
in a national, state, and local government curriculum guide
created by the Montgomery County Public Schools in 1998. The
school system is located in
Maryland.
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