![The Amendment Process [Article V]
All, except…
# 21
Never used.
Why?](https://image.slidesharecdn.com/amendmentprocess-140212111931-phpapp01/85/Amendment-process-3-320.jpg)
![A Bill of Rights
Consists of the first 10 Amendments
NOT granting of rights, but…
Specific limits on government power [“… shall
not…”]
• Added to the Constitution quickly to placate
the Anti-Federalists who feared the new gov’t
would eventually take the peoples’ rights
• Note similarities to English Bill of Rights 1689
and Petition of Right 1628
•
•
•](https://image.slidesharecdn.com/amendmentprocess-140212111931-phpapp01/85/Amendment-process-6-320.jpg)
![The First Amendment Protections
• RAPPS
• Religion – the “wall of separation” between state and religion
– Establishment clause
– Free exercise clause
•
•
•
Assembly – freedom to meet and gather for peaceful purposes
Petition – right to ask the government to take action
Press – freedom to publish information wanted/needed by the
people.
– Watchdog on government
– Established by the John Peter Zenger trial in VA colony, 1735
• Speech – right to speak your mind, literally or symbolically
– Based on freedom of thought [dangerous, but alternative is worse]
– Fundamental to a working democracy](https://image.slidesharecdn.com/amendmentprocess-140212111931-phpapp01/85/Amendment-process-7-320.jpg)
Amendment process
- 1. Changing the Document The Amendment Process
- 2. Difficult, but not impossible • Realistically, the Articles could not be changed. • Why would it be necessary to change the document that describes and shapes the gov’t? • How to make the new Constitution flexible and adaptable, but not unstable and whimsical? • Make sure there’s lots of input… • The process is built upon federalism – shared federal and state power. • Federal gov’t proposes, state gov’t ratifies • ∴ Constitution has remained stable yet adaptable
- 3. The Amendment Process [Article V] All, except… # 21 Never used. Why?
- 4. “Informal amendment” of the Constitution • Informal amendment is not mentioned in the Constitution, but… • It consists of the day-to-day acts and decisions of government that interpret, adjust, fine-tune and “tweak” what the constitution means and how it applies in specific ways • The process is key to the Constitution’s flexibility and adaptability.
- 5. How it works…. • Every law passed by Congress changes how the Constitution is specifically applied • Every ruling by a federal court changes what the Constitution specifically means • Every action by the President and federal agencies adapts the enforcement of the Constitution
- 6. A Bill of Rights Consists of the first 10 Amendments NOT granting of rights, but… Specific limits on government power [“… shall not…”] • Added to the Constitution quickly to placate the Anti-Federalists who feared the new gov’t would eventually take the peoples’ rights • Note similarities to English Bill of Rights 1689 and Petition of Right 1628 • • •
- 7. The First Amendment Protections • RAPPS • Religion – the “wall of separation” between state and religion – Establishment clause – Free exercise clause • • • Assembly – freedom to meet and gather for peaceful purposes Petition – right to ask the government to take action Press – freedom to publish information wanted/needed by the people. – Watchdog on government – Established by the John Peter Zenger trial in VA colony, 1735 • Speech – right to speak your mind, literally or symbolically – Based on freedom of thought [dangerous, but alternative is worse] – Fundamental to a working democracy
- 8. Your turn… • Summarize the next 9 amendments in one sentence each • 2nd – right to bear arms • 3rd – cannot be forced to quarter troops • 4th - no search or seizure w/o warrant and probable cause • 5th – rights of the accused • 6th – rights for a speedy and fair trial • 7th – right to trial in civil suit of $20 < • 8th – protection against excessive bail or cruel punishment • 9th – you have other rights not listed in the Constitution • 10th – reserved powers of the states