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Creation of the Constitution
The Constitution was created with a different type of flexibility. The document was created to last and carry fundamental rights for the people for centuries to come. -
Amendments were added to the Constitution
The Bill of Rights were the first ten amendments added to the Constitution. Currently in our national government, amendments are are proposed and then ratified state-by-state. -
The First Amendment
The First Amendment was added to the Bill of Rights to protect citizen's freedom of worship, freedom of press, freedom to peacefully assemble, and freedom of speech. Each part of the amendment has specific writing geared towards exceptions of circumstances. For instance, freedom of speech is protected but not with the intent of defamation or harm of government security. -
The Second Amendment
This protects citizen's rights to process weapons. The Framers recalled the British government disarming local militias, and wanted to add an amendment to protect the people from that. Later the amendment was clarifies to citizens being able to process legitimate firearms for lawful purposes, like protecting a home. -
The Third Amendment
The Third Amendment was to prohibit the government from forcing the shelter of soldiers on the citizens of the United States. -
The Fourth Amendment
The Fourth Amendment protect citizen's privacy. The people recalled the British government being able to search through all their affects and took precautions for the future of this new government. This later led to the creation of probable cause- a reasonable basis to believe a person is linked to criminal activity. -
The Fifth Amendment
The Fifth Amendment has many different parts that protect people from an unfair trial: no one can be tried for a serious crime unless a grand jury is present, no one will be forced to testify against him or herself; Lastly, no one will be deprived of life, liberty, or property without due process. Also, the Fifth Amendment clarifies eminent domain, the power of government to take private property for public use. -
The Sixth Amendment
The Sixth Amendment guarantees the right to a speedy and public trial by an impartial jury. Also, authorities cannot hold a person for an unreasonable amount of time when awaiting a trial. These have both lead to the constitutional right of being tried by the judge alone. -
The Seventh Amendment
"This amendment provides for the right to a jury trial in federal courts to settle all disputes about property worth more than $20. When both parties in a conflict agree, however, a judge rather than a jury may hear evidence and decide the case"(McGraw Hill). -
The Eighth Amendment
This amendment prohibits excessive bail. The bail ensure that a person will be present at the trial, after the trial is over the bail will be returned. -
The Ninth Amendment
This amendment states that all other rights not spelled out in the Constitution are “retained by the people.” This prevent the government from only giving the rights listed initially to the people of the United States. -
The Tenth Amendment
The Tenth Amendment clarifies that any powers not listed in federal law, belong to the states or the citizens. -
The Eleventh Amendment
Supreme Court’s ruling in Chisholm v. Georgia, created the amendment of a state not being able to be sued by people or another state. -
1st Civil War Amendment-Thirteenth Amendment
This amendment outlaws slavery. This was created to protect individual liberties. -
2nd Civil War Amendment- Fourteenth Amendment
This prohibits a state from depriving a person of life, liberty, or property without “due process of law.” This also clarifies that citizens will; have protection in all 50 states and territories of the United States. -
3rd Civil War Amendment- Fifteenth Amendment
Prohibits the government from denying a persons right to vote on the basis of race. -
Plessy v. Ferguson
The Supreme Court ruled that separate but equal facilities for African Americans did not violate the Constitution. No amendment until that point had been passed to protect the rights of African Americans in this circumstance. -
State Ratifying Conventions
A state ratifying convention is a method used in the United States in order to ratify an amendment. This process was only used one for the 21st amendment in order to repeal the 18th amendment. The 18th amendment was made to ban alcoholic beverages. For this process people run specifically to vote on this issue. This method was direct voice of the people in the amending process. -
Brown v The Board of Education
The Supreme Court said that “separate educational facilities were inherently unequal” and therefore unconstitutional. This was partially in response to Plessy v Ferguson. -
Wisconsin v. Yoder
The Supreme Court ruled that the First Amendment’s right to freedom of religion allows Amish families to keep their children home after eighth grade despite a state law that required school attendance to a later age. -
Difficulties of Passing an amendment.
To pass an amendment, a lot of work and community is needed. The founders did not want the process to be easy, because they felt disputes were better settled using the ordinary political process. For example, Texas v. Johnson (1989) was a case with a conviction for burning the American flag as a sign of protest. Johnson was protected under his First Amendment right, so the Texas law was unconstitutional. Many people were upset with the outcome and tried to pass an amendment but couldn't. -
Clarification of the Second Amendment
"In 2008 the Supreme Court clarified the Second Amendment, ruling in a 5-to-4 decision (District of Columbia v. Heller) that the amendment protected Americans’ rights to use handguns for legitimate, lawful purposes such as defending their homes"(McGraw Hill).