Section 2 at a Glance

An Enduring Document

• The Constitution is an enduring document that

has the ability to grow and change over time.

• The Constitution includes a formal process for

adding amendments to the Constitution.

• The Constitution has been amended 27 times.

The first 10 amendments are known as the Bill of

Rights.

Chapter 3 Content Statement

Content Statement 5

5. As the supreme law of the land, the U.S. Constitution

incorporates basic principles that help define the

government of the United States as a federal republic

including its structure, powers and relationship with the

governed.

Expectations for Learning

Explain in context one of the basic principles which help define the

government of the United States.

Chapter 3-2 vocab p. 78

• Supermajority: any majority that is larger than a

simple majority, such as three-fifths, two-thirds, or

three-fourths.

• Repeal: to cancel or revoke a law by a legislative act.

Reading Focus

• How did Jefferson and Madison differ in their views on

amending the Constitution?

• Why might the Constitution be called a document for all time?

• By what processes can the Constitution be amended?

• What types of amendments have been added to the

Constitution over the last 220 years?

Main Idea

The Constitution is both a product of its time and a document for

all time. It can be changed as society’s needs change.

An Enduring Document

A Constitution for All Generations

Jefferson’s views

• Jefferson felt Constitution should not be

changed on a whim but could be changed

as society and circumstances changed

• Believed in each generation as “a distinct

nation,” with the right to govern itself but

not to bind succeeding generations

• Jefferson made his arguments in

exchange of letters with fellow Virginian

James Madison

Madison’s views

• Madison felt laws and constitutions

grow in authority and acceptance the

longer they go unchanged

• Worried that changing Constitution too

often could split the country into factions

• Feared sectional rivalry would leave the

nation prey to foreign powers and

influence

• Madison feared periods of chaos might

occur between periods of revision

1.Jefferson and Madison on Amending the

Constitution

2. A Document for All Time

• Original Constitution a product of its time

– Reflects wisdom and biases of the Framers; relatively few changes in over 220

years

– Survived the Civil War, presidential assassinations, and economic crises to

become world’s oldest written constitution

• Original document not perfect

– Perpetuated injustices with compromises permitting slavery and the slave trade

– States given power to set qualifications for voting; women, nonwhites, and poor

people denied right to vote

– Decisions reflected societal attitudes of the times

• Ability to incorporate changing ideas of freedom and liberty keeps document

relevant to each new generation since 1789

Page 80.

Know

Amendment

process for

test.

• Gives Americans the power to change the Constitution

• Framers made Amendment process difficult in order to prevent momentary

passions and prejudices of the majority from violating the rights of the rest of

the citizens

• Might threaten the democratic structure of the government

• Describes process for amending the

Constitution

• States that amendments must first be

proposed, then ratified, or approved

• Provides two ways of proposing and two

ways of ratifying

Article V

• Two-step process required ratification

by the states and so restricted power of

Congress to change the Constitution

• Ensured that any change would reflect

national will

• Supported principle of popular

sovereignty

Different paths

3.The Amendment Process

• Each step in process requires supermajority—a majority that is larger than a

simple majority

• Difficult process would weed out frivolous amendments

Two ways can be proposed:

• by Congress, with the approval of at least

two-thirds of the House and two-thirds of

the Senate

• by delegates at a national convention that

is called by Congress at the request of at

least two-thirds of the state legislatures

4.Proposing an Amendment

• All of the amendments to the

Constitution have been proposed by

Congress

• Required number of states for a national

convention has been nearly reached

twice

• Convention supporters have never

persuaded the last few needed states

4. Facts

3. Supermajority required

4. Issues of convention

• Wording of Article V does not specify if

convention is limited to proposing only

the amendment it was called to consider

• Nonspecific wording could allow rest of

Constitution to be opened for

reconsideration and change

• Problem—convention could propose

amendment to repeal First or

Fourteenth Amendments that provide

foundation for many rights enjoyed

today

• Method of national convention has

remained unused

5.Ratifying an Amendment

• Congress sends proposed amendment

to 50 states for ratification; states can

ratify in two ways—Congress

determines which way is to be used

• To be voted on by state legislatures; at

least three-fourths of state legislatures

must approve an amendment

• Citizens elect delegates to conventions

called in each state specifically to

consider the amendment; passage

requires approval by conventions in at

least three-fourths of the states.

Example

• Passage and repeal of amendment on

prohibition good example of ratification

methods

• Prohibition—ban on production,

transportation, and sale of alcoholic

beverages.

Eighteenth Amendment

• 1917: Responding to public demand,

Congress proposed amendment

• 1919: Enough state legislatures had

ratified the proposal to make it the

Eighteenth Amendment; but drinking

alcohol not banned

Reformers

• 1800s and early 1900s: WCTU and

Prohibition Party campaigned to outlaw

alcoholic beverages

• Argued drinking alcohol led to idleness,

violence, and increase in crime

Prohibition unpopular

• Lucrative trade in illegal alcohol; led to

organized crime, political corruption,

and violence

• Groups of citizens led movement for

reform; used many of same arguments

5. Rise and fall of prohibition

5. Twenty-first Amendment

• Congress responded to new reform

movement

• Proposed to repeal prohibition and to

give states power to regulate

transportation and distribution of

alcoholic beverages

• To repeal a law—to cancel or revoke it

by a legislative act

• Only time method of ratification by state

conventions of delegates elected

specifically to vote on the issue used

• 36 states ratified within the year;

Amendment XVIII was repealed by

Amendment XXI

6. The Fate of Amendments

• Changing the Constitution difficult

• More than 10,000 attempts have been

suggested or proposed

• Only 33 amendments have been passed

by Congress and sent to states for

ratification

• 27 amendments have been adopted

• 6 have been rejected

Page 82. Free game for test

In book

R31-

R32

• Process of adding to the Constitution began with the first ten amendments—

the Bill of Rights; 17 more amendments added

• Identify, support, and protect some of most important rights

• Designed to protected specific individual

freedoms

• Various states offered up a total of 210

suggestions for amendments

• 12 amendments drafted; Congress

passed them and sent on to states

• 10 of the 12 amendments were ratified;

Bill of Rights adopted 1791

8. The Bill of Rights

• Restrictive; declares what federal

government may not do

• Intended to guarantee individual’s

exercise of certain basic freedoms

• First Amendment—right to practice

religion freely, protects freedom of

expression, and the right to ask the

government to correct injustices

8. First Amendment

7.More than 200 Years of Amendments

8. Amendment Guarantees

• 2nd gives right to bear arms

• 3rd prohibits government from forcing

citizens to quarter, or shelter, military

troops in their homes

• 4th protects individuals against

unreasonable searches and seizures of

private property

• 5th and 6th guarantee due process of

law; no self-incrimination; right to a

speedy trial and the right to an attorney

• 7th through 10th protect rights or powers

that belong to the states and to the

people

9. The Other Amendments

• After Civil War amendments passed to

ban slavery, to recognize all African

Americans as U.S. citizens, and to give

African American men various rights,

including the right to vote

• Not often enforced from 1877 to 1965

in the South; Jim Crow laws put into

effect

• Vigorous social reform; prohibition

came and went

• Popular election of senators; women

granted right to vote

• Constitution provides stable, flexible

government