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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 – It must be repealed • Reversed by legislative act • Example: – 18th Amendment (1919) • Started Prohibition – Made selling of alcohol illegal – 21st Amendment (1932) • Got rid of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