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Handout for Part II The Bill of Rights 12/8/2016

The Constitution of the United States

Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose

Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the

several States, shall call a Convention for proposing Amendments, which, in either Case, shall be

valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of

three fourths of the several States, or by Conventions in three fourths thereof, as the one or the

other Mode of Ratification may be proposed by the Congress; Provided that no Amendment

which may be made prior to the Year One thousand eight hundred and eight shall in any Manner

affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State,

without its Consent, shall be deprived of its equal Suffrage in the Senate.

1. Where can amendments originate?

2. By what processes can amendments be ratified?

3. To what extent does this article add flexibility to the Constitution?

Handout for Part II 12/8/2016 Page 1












Constitutional Amendments Proposed in State Ratifying Conventions.

1. That there shall be one representative to every thirty thousand persons according to the Census mentioned in the Constitution until the whole number of the Representatives be 200. Massachusetts Convention, February 6, 1788

2. That the laws ascertaining the compensation to Senators and Representatives for their services be postponed in their operation, until after the election of Representatives immediately succeeding the passing thereof. Virginia Convention, June 27, 1788

3. Congress shall make no Laws touching Religion, or to infringe the rights of Conscience. New Hampshire Convention, June 21, 1788

4. That the people have a right peaceably to assemble together to consult for their common good, or to instruct their Representatives; and that every Person has a right to Petition or apply to the Legislature for redress of Grievances. That Freedom of the Press ought not to be violated or restrained. New York Convention, July 26, 1788

5. That the People have a right to keep and bear Arms; that a well regulated Militia, including the body of the people capable of bearing Arms, is the proper, natural, and safe defense of a free State. New York Convention, June 26, 1788

6. Nor shall soldiers in Time of Peace be Quartered upon private Houses without the consent of the Owners. New Hampshire Convention, June 21, 1788

7. That every freeman has a right to be secure from all unreasonable searches and seizures of his person, his papers and his property; all warrants, therefore, to search suspected places, or seize any freeman, his papers or property, without information upon Oath (or affirmation of a person religiously scrupulous of taking an oath) of legal and sufficient cause, are grievous and oppressive; and all general Warrants to search suspected places, or to apprehend any suspected person, without specifically naming or describing the place or person, are dangerous and ought not to be granted. Virginia Convention, June 27, 1788

8. In all Criminal prosecutions, the Accused ought to be informed of the cause and nature of his Accusation … and should not be compelled to give Evidence against himself. New York Convention, July 26, 1788

9. In all capital and criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be allowed counsel in his favor, and to a fair and speedy trial by an impartial Jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the government of the land and naval forces) nor can he be compelled to give evidence against himself. Virginia Convention, June 27, 1788

10. That … a presentment or indictment by a Grand Jury ought to be observed as a necessary preliminary to the trial … and all trials should be speedy, public, and by an impartial Jury of the County where the Crime was committed; and that no person can be found Guilty without the unanimous consent of such Jury. New York Convention, July 26, 1788

11. All Common Law Cases between Citizens of different States shall be commenced in the Common Law Courts of the respective States and no appeal shall be allowed to the Federal court in such Cases unless the sum or value of the thing in Controversy amount to three Thousand Dollars. New Hampshire Convention, June 21, 1788

12. In civil actions between Citizens of different States every issue of fact arising in actions at common law shall be tried by jury, if the parties, or either of them request it. New Hampshire Convention, June 21, 1788

13. That excessive Bail ought not to be required; nor excessive Fines imposed; nor Cruel or unusual Punishments inflicted. Virginia Convention, June 27, 1788



14. There are certain natural rights of which men, when they form a social compact cannot deprive or divest their posterity, among which are the enjoyment of life and liberty, with the means of acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety. Virginia Convention, June 27, 1789

15. That the legislative, executive, and judiciary powers of Government should be separate and distinct, and that the members of the two first may be restrained from oppression by feeling and participating the public burthens, they should, at fixt periods be reduced to a private station, return into the mass of the people; and the vacancies be supplied by certain and regular elections; in which all or any part of the former members to be eligible or ineligible, as the rules of the constitution of government, and the laws shall direct. Virginia Convention, June 27, 1789

16. That it be explicitly declared that all Powers not expressly delegated by the aforesaid Constitution are reserved to the several States to be by them exercised. Massachusetts Convention, February 6, 1788



Examples of Amendments Proposed by State Ratifying Conventions as Proposed in the House of Representatives by James Madison in June 1789

Source: https://www.archives.gov/legislative/resources/bill-of-rights.html

1. After the first actual enumeration, there shall be one Representative for every thirty thousand, until the number amounts to __, after which the proportion shall be so regulated by Congress, that the number shall never be less than __, nor more than __, but each State shall, after the first enumeration, have at least two Representatives.

2. But no law varying the compensation last ascertained shall operate before the next ensuing election of Representatives.

3. The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.

4. The people shall not be deprived or abridged of their right to speak, or to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable. The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, and remonstrances, for redress of their grievances.

5. The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.

6. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor at any time, but in a manner warranted by law.

7. The rights of the people to be secured in their persons, their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized.

8. The exceptions here or elsewhere in the Constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people, or as to enlarge the powers delegated by the Constitution; but either as actual limitations of such powers, or as inserted merely for greater caution.

9. The powers delegated by this Constitution are appropriated to the departments to which they are respectively distributed: so that the Legislative Department shall never exercise the powers vested in the Executive or Judicial, nor the Executive exercise the powers vested in the Legislative or Judicial, nor the Judicial exercise the powers vested in the Legislative or Executive Departments.

The powers not delegated by this Constitution, nor prohibited by it to the States, are reserved to the States respectively.







4.

Applying the Bill of Rights to today's world (45 minutes)

The Constitution has been amended twenty-seven times, including the Bill of Rights. The ability to amend the Constitution is critical to adapt to a changing society. However, the Founders understood that revisions to the founding charter should not be undertaken lightly, and they designed the amendment process to require a very high level of agreement for amendments to be ratified (2/3 of both Houses of Congress and 3/4 of state legislatures).

Divide students into groups to propose new amendments to the Constitution to better serve the nation in the 21st Century and "form a more perfect union." In groups, students will identify rights deserving protection but not currently contained in the Bill of Rights and additional powers of government that should be limited.

Each group may compose one amendment (or several amendments) to the Constitution and share with the class why they think each amendment is needed.

Post all amendments on the wall and allow students to speak for or against the amendments as if they were members of Congress. Hold a vote on each amendment to see which ones, if any, can get 2/3 of the votes of all class members.

Source: https://www.archives.gov/legislative/resources/education/bill-of-rights


Documents

The Constitution of the United Statessocialsciences.dadeschools.net/files/Civics Leaders Insti… · Web viewHandout for Part II The Bill of ... Rights to today's world ... to better