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Published byUrsula Margery Johns Modified over 9 years ago
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How was the Bill of Rights added to the Constitution? Process of Amendment, Article V Debates in Congress Ratification How would life be different today had the Bill of Rights not been proposed and ratified?
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What does it mean to amend? Why would the framers have wanted people to be able to change the Constitution?
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Article V: Amendments 1. Proposal o 2 ways to propose amendments 2. Ratification o 2 ways to ratify amendments There is a 2 Step Process for amending the constitution
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Article V: Amendments 2. By a national convention called for by 2/3rds of the state legislatures. o held in one national location 1. Congress may propose an amendment if it has been approved by a 2/3rds vote in both the House and Senate. Step 1: Propose the Amendment
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Article V: Amendments Step 2: Ratification by the States Congress chooses which method will be used. 1. Approval by state legislatures of 3/4ths of the states. (38) 2. Approval by special conventions in 3/4ths of the states. (38)
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The Bill of Rights So now we have the constitution, with an amendment process, but why do we need a Bill of Rights?
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The Bill of Rights In favor: June 1787 George Mason noted that the new document contained no declaration of rights of the people. Against: Alexander Hamiliton "people surrendered no rights in adopting the Constitution" Federalist No. 84
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The Bill of Rights June 1788 Constitution Ratified by 9 states o MA ratifies under the condition that a Bill of Rights be added o VA and NY still need to ratify
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The Debate in Congress Congress would "make the Constitution better in the opinion of those who are opposed to it without weakening its frame..."
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The Debate in Congress August 1789, members of Congress began preparing the amendments o Drew from the Magna Carta, the English Bill of Rights, colonial charters, and state constitutions
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The Debate in Congress September 1789 Congress proposed the Bill of Rights to the States (12) December 15, 1791 the states had ratified the ten amendments and the Bill of Rights becomes part of the Constitution.
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What about protections from state governments? 14th Amendment (1868) protection extended to the states The protections of the Bill of Rights did not apply to state governments. The US Supreme Court made this clear in 1833 decision Barron v. Baltimore
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