Upload
kim-eschler
View
782
Download
0
Embed Size (px)
Citation preview
BILL OF RIGHTS AND AMENDMENTS PAPER 1
Bill of Rights and Amendments Paper
Kim Eschler
HIS301
June 30, 2011
Michael Elderedge
BILL OF RIGHTS AND AMENDMENTS PAPER 2
Bill of Rights and Amendments Paper
The United States Constitution was ratified and made law September 17, 1789.
For Americas yet-to-be history the Framers knew the Constitution had to have a way to
grow and change with the people, and their needs. This paper will cover the
amendment process, the need for the Bill of Rights, how the Bill of Rights has affected
America, what the Bill of Rights have granted American’s, discuss the later
amendments, and what effect the later amendments have had.
Amendments.
In order for America to continue to grow and change with the needs of the
people, the Constitution was created with an amendment process in Article V. Article V
gives two ways in which the Constitution can be amended; first is by a two-thirds vote
from both the House or Representatives and the Senate, it must be ratified by 38 of the
50 states. To date this is the only method that has been used. Second method is to hold
a Convention called for the sole purpose of amending and two-thirds of the state
legislatures must attend. Then it must be ratified by three-fourths of the state
legislatures.
The Constitution.
The Framers of the Constitution were specifically concerned with creating a
charter for a working government, of the people, for the people, but the Constitution
covered very few rights for the American citizen. During the secret convention of 1787,
there was some opposition to the Constitution because it was viewed as not having
enough protections for Americas’ rights. “A bill of rights is what the people are entitled to
against every government on earth” Jefferson, T (1787).
BILL OF RIGHTS AND AMENDMENTS PAPER 3
Including an agreement to add immediately the Bill of Rights, gave way for the
Constitution to be ratified. James Madison argued that a declaration of rights for the
American people would help the judiciary branch protect individual rights. “They have
given the right of man and fair discussion, and explained them in so clear and forcible
manner as cannot fail to make a lasting impression” Washington, G. (1791).
The Bill of Rights.
The Bill of Rights has affected countless court cases on individual rights.
Communities and states can become involved to push moral or financial standards on
others, and the Bill of Rights stops neighbors, states, and the federal government from
infringing on the rights of an individual.
The Bill of Rights protects the civil liberties that Americans are granted with
citizenship, but it also gives America something to strive to be. The Bill of Rights is an
ideal, a powerful statement of what America is trying to be.
Amendments beyond the Bill of Rights.
The Bill of Rights accounts for amendments one through ten. Each of the
additional 17 amendments has come about because of clarification needed for the
original mechanics of the first three articles or to ensure civil rights. Amendments 11,
16, and 24 are for clarifications of Article III. Amendments 12, 17, 20, 22, 25, 26, and 27
are for further clarification of Articles I and II. Amendment 23 is further clarification of
Article I. Only six amendments are to provide or clarify civil rights, those are
13,14,15,18, 19, and 21. Amendment 18 is the only one ever repealed.
A deeper look at amendments 13,14, and 15, also known as the Reconstruction
Amendments. After the Civil War in early 1865 amendment 13 to abolish slavery, was
BILL OF RIGHTS AND AMENDMENTS PAPER 4
found to be lacking in clarification of what happened to the freed slaves, and the 14th
amendment was proposed in 1866, to allow all slaves citizenship. After this the rights for
freed Black men came into question, the 15th amendment was created, that race would
not bar anyone from the right to vote.
Effects of the Constitutional Amendments.
The amendments beyond the Bill of Rights have each come when needed for the
political and changing human rights that America has faced in the past 224 years.
Rights have been granted; laws passed and recalled when they were no longer
applicable for the climate of what Americans wanted for themselves. Clarifications for
the running of the United States government, what should happen in case of
emergencies and representation of all citizens have come from a government for the
people, by the people.
Conclusion
Article V of the United States Constitution provides for America to change. The
Framers knew that a simple document that was black and white could not govern a
people for all time. Our Constitution is alive; it grows with America, and allows changes
to be made allowing it stay relevant.
BILL OF RIGHTS AND AMENDMENTS PAPER 5
References
National Archives (2011) The Constitutional Amendment Process. Retrieved on June
22, 2011 from http://www.archives.gov/federal-register/constitution/
UMKC School of Law (2011) Article V: Amending the Constitution. Retrieved on June
22, 2011 from http://law2.umkc.edu/faculty/projects/ftrials/conlaw/articlev.htm
US Constitution.net (2011) The United States Constitution. Retrieved on June 16, 2011
from http://www.usconstitution.net/const.html#Preamble.