Unit Three: Lesson 15

1. Unit Three: Lesson 15 How have amendments and Judicial Review changed the Constitution

2. 1st act of congress • James Madison appointed to head the committee to create the Bill of Rights • 12 amendments proposed • 10 adopted • 2 consolidated • The other would be amended into the Constitution at a later date

3. The Bill of rightsextra credit on next unit exam • Right to Free Expression • Right to Bear Arms • Rights Against Quartering Troops • Rights Against Unreasonable Searches and Seizures • Rights of Due Process • Rights to a Fair Trial • Rights to Common Law/Civil Trial • Rights Against Cruel and Unusual Punishment • Rights Reserved to the People • Rights Reserved to the States

4. 1-3 Protection against a tyrannical government • Right to Free Expression • Speech Press Religion Assembly Petition • SPRAP • Right to Bear Arms • ?? Well regulated militia • ?? Right of the Citizens to keep and bear arms • Rights Against Quartering Troops

5. 4-8Legal rights as a citizen • 4th – Right Against Unreasonable Search and Seizure • Need a warrant • 5th – Right to Due Process • Double Jeopardy, Due Process, Eminent Domain, Grand Jury • 6th - Right to a Fair Trial • Speedy, Counsel, Confront the witness, Jury Trial • 7th – Right to Common Law/Civil Trial • $20, jury trial • 8th – Right Against Cruel & Unusual Punishment • Bail, Humane Punishment (punishment fits the crime)

6. 9-10rights reserved RIGHTS RESERVED 9th – The People * Believed they couldn’t list all possible rights * Feared other rights would be abused 10th – The State * Feared Federal government would overpower states * Reserved all but EXPRESSED POWERS to states

7. How/Why did the Framers devise an amendment process? • Framers intended the Constitution to be and to remain the fundamental framework for the government/law • They did recognize that society and conditions would change in the future and so the Constitution might need to be able to be changed as well • Amending the Constitution made, intentionally, difficult • 2/3rds of BOTH HOUSES or by petition of 2/3rds of the states • 3/4ths of all states legislatures or special state conventions • Congress can set a time limit for amending process • More than 10,000 amendments have been proposed in Congress • 33 have made it out of Congress and to the states for ratification • 27 have been ratified and have become Amendments

8. Amending process

9. Types of Constitutional Amendments adopted • Bill of Rights (1-10) • Many consider these to be part of the original Constitution • 12 original amendments sent – 10 ratified • Fundamental Change (13, 14) • Slavery outlawed • Citizenship defined • Equal Protection under the law • Expansion of Suffrage (15,19,24, 26) • Cannot deny right to vote based on race, sex, age or failure to pay • Direct election of Senators

10. Types of Constitutional Amendments adopted • Overturning Supreme Court Decisions (11, 16) • 11 – expanded the jurisdiction of the federal courts • 16 – overturned the ban on Congress levying an income tax • Refinements (12, 20, 22, 25) • 12 – electors’ 2 voted now one for president, one for vice-president • 20 – shortened time between election and taking office • 22 – limits president to 2 terms/10 years) • 25 – made official what would happen upon the death, disability, removal or resignation of the president • Morality (18, 21) • 18 – Prohibition – outlawed the sale, manufacture, transportation of alcohol • 21 – repealed prohibition

11. Why was a bill of rights proposed for the Constitution? • Many (including G. Mason) argued for a bill of rights at the constitutional convention • Many believed it unnecessary, as the Constitution already contained many checks on power • Anti-Federalists argued the need of a BILL OF RIGHTS, saying a lack of any guarantee of rights invited tyranny • James Madison proposed a bill of rights when he ran for a seat in the first Congress. He introduced many rights to Congress. • The Senate reduced the list to 12. The States ratified 10 of the 12. This became what is known as the BILL OF RIGHTS

12. Judicial Review – what is it and why is it so controversial? • Marbury v. Madison: Unanimous Supreme Court ruling that illustrates the power of the Supreme Court to decide whether acts of Congress, the Executive branch, state laws or even state constitutions violate the US Constitution. This power is known as JUDICIAL REVIEW • Judicial Review is not mentioned specifically in the Constitution, but both the Federalists and Anti-Federalists assumed the Supreme Court would exercise Judicial Review (as to their writings). The concept rests on the following premises: • The people exercised their sovereign power when they adopted the Constitution as the superior, paramount law that cannot be changed by ordinary people • Acts of Congress, the Executive and the states are fleeting when compared to the Constitution • Acts of Congress, the Executive and the states that conflict with fundamental law are not entitled to enforcement and must be disregarded • Judges are in the best position to declare what the Constitution means. By striking down laws and acts, they preserve the nation’s fundamental law

13. Judicial Review – Controversial interpretations • JUDICIAL REVIEW not immediately or universally accepted • Some felt it invited an abuse of power by the Judicial branch • Some believes only the state’s Supreme Courts should rule on state laws • Legislative branch was the peoples’ voice/sovereignty. Judicial review could act against the will of the people • Judicial Review could lead to political turmoil if branches of government or states refused to follow Supreme Court rulings • Judicial Review made the Supreme Court equal to or more powerful than the legislature, even though they were not elected • Judicial Review unnecessary as all elected officials must swear an oath to defend and protect the Constitution • Judge’s errors can not be reversed by ballot or by law. They could only be changed thru constitutional convention

14. Examples of Judicial Review • In 4 groups, read about your case • Answer the questions on the back • Present to the class • Background of the case • Constitutional Issue/s • How do you think the Supreme Court should rule? WHY?

15. Review questions • How is the Constitution amended? What might be the consequences if the Framers had not provided for the Constitution to be changed? • What were the arguments for and against the inclusion of the Bill of Rights? • Which of all the amendments made the country MORE democratic? In what ways? • Describe the doctrine of JUDICIAL REVIEW. IN what ways had judicial review proven to be controversial?