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The U.S. Constitution Changes Over Time The Bill of Rights: A Brief History

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? .

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The U.S. Constitution Changes Over Time The Bill of Rights: A Brief History

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  1. The U.S. Constitution Changes Over TimeThe 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!

  2. 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

  3. Bill of Rights • 1791 • Bill of Rights added to protect people’s rights. • Amendments 1 through 10 • Amendment = changes to Constitution

  4. Methods of Amending the Constitution • Found in Article V • “The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution” • OR • “on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments” • Both work only if, • “ratified by the [state] legislatures of three fourths of the several states”, • OR • “by conventions in three fourths thereof”

  5. 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)

  6. 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.

  7. 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”

  8. 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

  9. So what does that get us??? • 27 amendments • Amendments 1-10 called Bill of Rights • Designed to protect individual freedoms of citizens.

  10. 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 What are some of the other 17?

  11. 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…

  12. 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!

  13. 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.

  14. Today there are 2 major political parties!

  15. 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

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