Download Bill of Rights

The U.S. Constitution Changes Over Time
The Bill of Rights: A Brief History
• The Founding Fathers
were so smart, they
even made ways to
make sure the
Constitution could be
changed!
– Why?
• To keep it as the
legitimate document of
our government!
What did the Constitution first look like?
• 1789
– Had only Articles 1 through 7
• NO BILL OF RIGHTS!!
– But were there guaranteed rights?
– Yes!
• Article I, Sec. 9
– Congress can not get rid of the following rights:
• Habeas corpus
– Citizens have right to trial before a judge
• Bills of attainder laws
– Laws that punish citizens before they get to court
» Used during Revolution against Loyalists to take their items
• Ex post facto laws
– laws that apply to an action that occurs before the law was made.
» Example: raising drinking age to 21 and then arresting all 18 years for
drinking
Bill of Rights
• 1791
– Bill of Rights added to
protect people’s rights.
• Amendments 1 through
10
• Amendment = changes
to Constitution
Methods of Amending the
Constitution
•
Found in Article V
1. “The Congress, whenever two thirds of both houses shall deem it
necessary, shall propose amendments to this Constitution”
•
OR
2. “on the application of the legislatures of two thirds of the several
states, shall call a convention for proposing amendments”
•
Both work only if,
1. “ratified by the [state] legislatures of three fourths of the several
states”,
•
OR
2. “by conventions in three fourths thereof”
How Article 5 allows for the
Constitution to be amended…Part 1
• By a vote in Congress
– All amendments have
come this way.
• How does this work?
– Senate
• Must approve by 2/3
vote (67 total)
– House of
Representatives
• Must approve by 2/3
votes (290 total)
How Article V allows for the
Constitution to be amended…Part 2
• 2/3 of the states agree to
call a Constitutional
Convention
– 34 states must agree!
• When has this happened?
– 1781?
• Why hasn’t it happened
since?
– Constitution does not say
that while at the Convention,
delegates are limited to only
making one amendment.
How does an amendment get
ratified?
•
Ratified
–
Added to the
Constitution if agreed
to
•
–
“by the [state]
legislatures of three
fourths (3/4) of the
several states”,
Or
•
“by conventions in
three fourths (3/4)
thereof”
Can you take an amendment off
once it is added?
• NO!
– It must be repealed
• Reversed by legislative
act
• Example:
– 18th Amendment (1919)
• Started Prohibition
– Made selling of alcohol
illegal
– 21st Amendment (1932)
• Got rid of Prohibition
So what does that get us???
• 27 amendments
– Amendments 1-10
called Bill of Rights
• Designed to protect
individual freedoms of
citizens.
What are some of the other 17?
•
13th
(1865)
– Abolishes slavery
•
14th
(1868)
– Offers due process to all
citizens
• 15th (1870)
– Rights can not be denied
according to color
• 18th (1919)
– Prohibition
• 19th (1920)
– Women’s right to vote
• 21st (1932)
– Ended Prohibition
• 22nd (1951)
– 2 term limit on POTUS
• 26th (1971)
– Voting age set at 18
So what is the most recent
attempt to add an amendment?
• 1972
– Equal Rights Amendment
• Would have barred
discrimination based on sex
– Only 30 states ratified it.
• Needed 37!
• Has not been pushed for
since then…
So what is not mentioned in the
Constitution?
• Executive agreements
– Arrangements that
Presidents establish with
foreign governments that do
not require Senate approval
• Unlike formal treaties that do
need Senate approval
• Example:
– FDR and Churchill in WWII
• Worked together to fight off
Hitler quickly
• We gave them ships for free!
What about political parties?
• George Washington warned us to not
become split into different parties!
– Bad for a republic!
• Why?
– It always makes a minority group!
• By 1804
– Political parties were well established
• Organized groups that seek to win elections in
order to influence the activities of government.
Today there are 2 major political
parties!
Why else are political parties bad?
• They make factions
– People or groups of
people who are
usually motivated by
self-interest.
• Tea Parties
– Summer of 2009
• Neo-Nazis in America