Lesson 15

 The Constitution is a fundamental framework of law  The Constitution sets the basic laws and specific situations are left to states ◦ You have he right to bear arms, but states decide the specifics of gun laws.

 The country will change, therefore the Constitution needs the flexibility to change if the situation calls for it  The founders knew the Constitution would be defective as the Articles of Confederation if an effective amendment process was not created

 The Constitution would be difficult but it can not possibly be as difficult as it was under the Articles  To require unanimous votes to amend the Constitution would equate to an almost impossible situation

 Article V of the Constitution describes the amendment process  Proposing an amendment can be done in 2 different ways ◦ 2/3 of both the House and the Senate need to present the idea ◦ 2/3 of the states call for a special convention to amend

 For the proposal to pass: ◦ Congress chooses which method will be used  Approval of ¾ of state legislators  Approval of ¾ of special state conventions

 Congress also has the power to determine how much time will be granted to states in the amendment process  If a proposal is not ratified with-in that time, then the amendment fails  Over 10,000 amendments have been proposed to congress  Only 33 were sent to the states for vote

 Outlaw dueling  Rename the United States to “America”  Limit, regulate, and prohibit the labor of persons under age 18  Require a balanced budget  Prohibit desecration of the American flag  Make English the national language

 Special Amendment Conventions have been called and this option has never been used in the amendment process  Only 27 amendment proposals have even been accepted

 The first ten amendments of the Constitution were the Bill of Rights  Adopted in 1791  Proposed by George Mason of Virginia. They were originally based of his declaration of rights

 Madison agreed to add the Bill because this was the biggest argument by Anti-Federalist to ratify the new constitution.  The Constitution was ratified largely because of the Federalist submission to Anti- Federalist demands for the Bill

 Freedom of ◦ Religion ◦ Press ◦ Speech ◦ Assembly ◦ Petition

 Right to bear arms, shall not be infringed

 No soldier shall, in time of peace or war, be quartered in any house

 Right against unreasonable search and seizure without probable cause and warrant

 Right to trial by grand jury  Cannot be tried for the same crime twice  The right to not be a witness against one’s self  Due process of law  Private property cannot be taken away without just compensation

 Right to a speedy and public trial by an impartial jury  Right to council for his defense

 Trial by jury shall be preserved in lawsuits with monetary gains  Trials cannot be re-examined outside the rules of common law

 Excessive bail shall not be required  Excessive fines shall not be imposed  No cruel and unusual punishment inflicted

 The listing of things in the Constitution on by one shall not be interpreted as denying others the people still hold

 Powers not written in the Constitution for the national government or denied to the states are reserved to the states or to the people

 12 were originally proposed but the Senate at the time reduced them to 10  1 of the 2 rights not passed would be amended later

 Expanded suffrage  Abolished slavery  Overturned Supreme Court decisions

 “A Constitution is, in fact, and must be regarded by the judges, as a fundamental law. If there belongs to them to ascertain its meaning.” ◦ Alexander Hamilton

 Judges are in the best position to declare what the Constitution means. By striking down laws and acts that conflict with the Constitution, they preserve the nations fundamental law and true will of the people.

 Judges are not perfect, judge’s misinterpretations can only be fixed with an amendment  Judicial review makes the judicial branch equal to all other branches ◦ Judges are not elected though, they shouldn’t be totally equal