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!

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 V1. “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• NO!– It must be repealed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