American Government Unit 3

How have Amendments and judicial review changed the Constitution? Lesson 15 Pages 105-110 How have Amendments and judicial review changed the Constitution? Objective: Describe the two ways in which the Constitution can be amended. Identify major categories of Amendments. Explain why James Madison introduced the Bill of Rights.

How and why did the Framers devise an amendment process? Framers intended the Constitution to be a framework of law. Not to be confused with ordinary laws and regulations or to be changed in response to transient whims. 1787– they knew society would change and the Constitution would need to be changed as well.

How and why did the Framers devise an amendment process? Amendment process is difficult! Article V: Proposed by 2/3 of the House OR petition by 2/3 of the states calling for a special convention Congress decides ratification approval of ¾ state legislatures OR ¾ special state convention called to consider ratification Congress also has the power to determine how much time the states of to approve the Amendment

How and why did the Framers devise an amendment process? Since 1789- more than 10,000 proposed Amendments have been introduced in Congress. Only 33 Amendments have gained enough votes to be submitted to the states for ratification. Only 27 have been ratified by the required ¾ of states.

What types of constitutional amendments have been adopted? Six Categories: Bill of Rights- 1791- 1st 10 Amendments James Madison proposed them in response to the debates surrounding the ratification of the Constitution. 1992- one of the original 12 Amendments proposed by Madison was ratified – became the 27th Amendment – limiting Congress’ power to raise its own salaries.

What types of constitutional amendments have been adopted? Fundamental Changes: 13th & 14th – goes to the core of the Constitution Outlawing slavery Defines citizenship Equal protection Due process Congress enforcement powers

What types of constitutional amendments have been adopted? Expansion of suffrage: increase right to vote or political participation 15th, 19th, 24th, 26th – prohibit states from denying franchise based on race, gender, age 18 or older, failure to pay poll tax or other tax. 17th- direct election of senators 23rd – gives residents of District of Columbia right to vote for President and VP

What types of constitutional amendments have been adopted? Overturning Supreme Court decisions: 11th – overturned Chisholm v. Georgia (1793) which improperly expanded the jurisdiction of federal courts at the expense of state courts. 16th – overturned Pollock v. Farmers’ Loan & Trust Company which barred Congress from levying an income tax.

What types of constitutional amendments have been adopted? Refinements: four Amendments address matters affecting Congress & the President that the Framers had not anticipated 12th – Article II Section 1 – requiring electors to make separate choices for president and vice president. Shortened time between an election and when president, VP and members of Congress take office. 22nd – limits President to two terms. 25th- gaps in Article II about what should be done on the death, disability, removal or resignations of the President.

What types of constitutional amendments have been adopted? Morality: 18th – prohibits the sale, transport, manufacturing of alcohol in the US. (1919) 21st- repealed the 18th Amendment. *Only Amendment ratified by using the state convention method. (1933)

Why was a bill of rights proposed for the United States Constitution? Near the end of the convention George Mason (VA), Elbridge Gerry (MA), Charles Pinckney (SC) argued for a Bill of Rights. Other delegates were not opposed to it, but believed the Constitution already contained many protections found in the BOR. Right to trial in criminal cases Habeas corpus No bill of attainder, no ex post facto No religious test to hold office

Why was a bill of rights proposed for the United States Constitution? Others argued for BOR: Thomas Jefferson, US minister to France George Washington- in 1st inaugural address supports BOR Madison promised BOR when he campaigned for the 1st Congress (HOR) Suggested 14 Amendments to Art I and II Add a prefix to Constitution Applying BORs to the sates

Why was a bill of rights proposed for the United States Constitution? Roger Sherman CT Argued against inserting statements of rights into the body of the Constitution. Too early to rewrite the Constitution again Whole ratification process would have to start over again and might not succeed. HOR- sent 17 Amendments to the Senate to be added at the end of the Constitution as a bill of rights. Senate reduced them to 12 States ratified 10 of the 12 in 1791

What is judicial review and why is it controversial? 1803- Marbury v. Madison Unanimous Supreme Court decision that judges have the power to decide whether acts of Congress, the executive branch, state laws and even state constitutions violate the U.S. Constitution. –Judicial Review. Not explicitly written in the Constitution. Both the federalist and Anti-Federalists assumed that the judicial branch would do this.

What is judicial review and why is it controversial? Marshall: Judicial Review rests on these premises: People exercise their sovereign power when they adopted Constitution – Supreme law- can’t be changed Acts of congress, executive and states reflect fleeting views of what law is Acts of congress, executive and states that are in conflict with Constitution need to be disregarded Judges are the best to declare what the Constitution means– free from politics.

What is judicial review and why is it controversial? Wasn’t immediately accepted by everyone. Fear that the federal courts (ones with the power of judicial review) could use this power to eliminate the power of the state courts. Arguments against judicial review: Legislatures are the repository of the peoples sovereignty, judicial review act of sovereignty- should reside in the states Lead to political turmoil if interpretation is refused Makes judiciary equal to or even superior to the legislature All offices of the gov’t take an oath to support Constitution- not needed Judiciary not infallible

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