1. 3.3 The Informal Amendment Process & The Bill of Rights

2. Focus Your Thoughts... List as many of the first ten amendments to the Constitution as you can; what are they referred to as? Why might the number of amendments to the U.S. Constitution have started out relatively low, but steadily increased over time?

3. Informal Amendments  There are five basic ways in which the Constitution is informally amended: 1. Through the passage of basic legislation 2. Actions taken by the President 3. Key decisions of the Supreme Court 4. The activities of political parties 5. Custom

4. Basic Legislation  Congress has added flesh to the bones of those sections of the Constitution that the Framers left purposely skeletal, leaving much of the responsibilities of Congress open for interpretation.  For example, the Constitution gives Congress the expressed power to regulate foreign and interstate commerce... But what is “foreign commerce”? What exactly does Congress have the power to regulate? The Constitution doesn’t specify, but the way in which Congress has chosen to exercise this power has given us a clearer definition of the words of the Constitution, so, in a way, they’ve added to it.

5. Executive Action  The manner in which President’s have used their powers has also contributed to the growth of the Constitution in a similar manner  For example, we know that the President does not have the power to declare war; however, he does have the power, as the Commander in Chief of the armed forces, to send our troops abroad and, in some instances, engage in military operations without a declaration of war by Congress.

6. Court Decisions  The way in which the Supreme Court justices interpret the Constitution and apply it to specific cases tells a great deal about what they feel is implied, even if it isn’t expressed. “The Supreme Court is a constitutional convention in continuous session.” - Woodrow Wilson

7. Party Practices  Despite the fact that the Constitution makes no mention of political parties, they have influenced the interpretation of the Constitution greatly and continue to be a driving force in politics.  For example, neither the Constitution nor any law provides for the nomination of candidates for the presidency; however, from the 1830’s on, major parties have held national conventions to do just that. In addition, the parties have converted the electoral college, the group that makes the formal selection of the nation’s President, into a “rubber stamp” for each State’s popular vote.

8. Custom  Unwritten custom may be as strong as written law  For example, for nearly one hundred and fifty years, the “no-third-term tradition” was a closely followed rule in presidential politics; the tradition began in 1796 when George Washington refused to seek a third term as President, and several later Presidents followed that lead. In 1940, and again in 1944, Franklin Roosevelt broke the no-third-term custom; he sought and won a third and then a fourth term in the White House and, as a direct result, the 22 nd Amendment was added to the Constitution in 1951... an informal rule became part of the written Constitution itself.

9. The Bill of Rights (1-5)  1. Freedom of Religion, Speech, Press, Assembly and Petition  2. The Right to Bear Arms  3. Quartering of Troops  4. Searches and Seizures The police can not search for or seize evidence or arrest persons without a warrant  5. Criminal Proceedings, Due Process, Eminent Domain A person can only be tried for a serious crime if he or she has been indicted by a federal grand jury No one may be subject to double jeopardy No one can be made to incriminate themselves The government can not take private property unless its for a legitimate public purpose

10. The Bill of Rights (6-10)  6. Criminal Proceedings Right to an attorney, a speedy trial, and an impartial jury  7. Civil Trial The right to a jury is guaranteed in any civil case in a federal court if the amount of money involved in that case exceeds $20 ○ O.J. Simpson trial  8. Punishment for Crimes Bail must be a reasonable amount related to the seriousness of the crime Punishment can not be cruel or unusual  9. Unenumerated Rights The fact that the Constitution sets out many civil rights does not mean they are your ONLY civil rights  10. Powers Reserved to the States Powers which are not expressly given to the national government or denied to the States, are by default, powers of the State

11. Activity  Find a partner; we will be working in the library  You and your partner will be assigned an amendment to research; it will not be one of the first ten  Research your amendment and take notes; you will be responsible for presenting your information to the class in order to prepare your colleagues for a quiz over the amendments