The Amendment Process and Bill of Rights in US History

1. The Bill of Rights Ch. 6 Pp. 158-179

2. The Amendment Process • Anti-Federalists wanted a bill of rights added • Madison wanted it passed quickly to gain support for Constitution

3. The Amendment Process • It begins in Congress or at national conventions called by Congress • 2/3 must approve it • Congress has proposed all 27 that we have now

4. The Amendment Process • Amendments can be ratified by ¾ of state legislatures, or ¾ of conventions held in states Document ratifying the 27th Amendment (Alabama’s legislative vote was 38th)

5. The Debate in Congress • The amendment process for the Bill of Rights began in Congress in 1789 • Congress was ready to get to work, but Madison said they must fulfill their promise James Madison

6. Preparing a Bill of Rights • It draws on the Magna Carta, the English Bill of Rights, colonial charters, and state constitutions • Madison wanted them placed in the Constitution to link them with other limits on government • Majority voted to place them at the end

7. Proposal and Ratification • A committee of Congressmen proposed 12 amendments • 2 failed: one to enlarge House membership and another to limit when Congress could raise their salaries

8. Protections in the Bill of Rights • First ten amendments protect citizens’ rights against actions by the national government • Three categories: 1) individual freedoms, 2)protections against government abuse of power, 3) rights of citizens accused of crimes

9. Protection of Individual Freedoms • Religious worship • Speech • Press • Peaceful assembly • Petition the government

10. Protections Against Abuse of Power • Gun ownership • Housing soldiers • Unreasonable search and seizure • Protecting property rights

11. Protection of the Accused • Miranda Rights – remain silent and have an attorney • Fifth Amendment – do not have to be witness against yourself, must be indicted by grand jury for serious crimes

12. Protection of the Accused • Right to trial by jury • Bail, fines, and punishments can not be unfairly high • No cruel and unusual punishment

13. Interpreting the Bill of Rights • Courts and judges interpret the meaning of people’s rights • First ten amendments are broad descriptions of rights, so courts may have difficulty interpreting them • Some rights have to be weighed against other rights

14. The Role of the Courts • Citizen’s rights cases usually start in local courts • Some decisions may be examined by higher courts • Some may go to the Supreme Court

15. Students and Free Speech • Mary Beth and John Tinker wore black armbands to school to protest the Vietnam War • School officials said they could not wear them, because they were disrupting school

16. The Tinker Case Morse v. Frederick (Is this free speech, like Tinker?) • Lower court ruled that the armband rule was necessary to avoid disruption • Supreme Court said the armbands were symbols of free speech and protected by the 1st Amendment

17. The Skokie Case: Freedom for Nazis? • The American Nazi Party wanted to march through town • Town said they must have $350,000 in insurance • They planned to rally anyway and court said they could not Frank Collins Former leader of the National Socialist Party of America

18. The Skokie Case • U.S. District Court ruled that the insurance law was too costly for most groups and restricted free speech • Also, insurance law was not applied to all groups • First Amendment protects the expression of allopinions, even unpopular ones

19. The Continuing Challenge • Protecting the rights of citizens is everyone’s responsibility • Judge Hand said that by respecting one another’s rights, we help guarantee the survival of the Bill of Rights Judge Hand