Ratification Debates Today

2nd and 4th Period The Roots of Americen Government Ratification Debates How amendments are proposed and ratified; brainstorm and justify the amendments. ARG 401, PPV 401

SWBAT will propose and defend potential constitutional amendments.

1. Elements of the Constitution The Constitution provides the basic framework for American government. It also guarantees the rights and freedoms that we, as Americans, sometimes take for granted. Everyday political life in the United States helps to underscore the role played by the Constitution in our system of government.

The Constitution is a three-part document, consisting of the Preamble, the articles, and the amendments. Although it may seem complicated, the Constitution is actually a relatively brief and straightforward document. It consists of about 7,400 words, making it approximately the length of this lesson. Adopted as the "law of the land" in 1788, it is the oldest written constitution still in use.

For more than two centuries, we have relied on the Constitution as the basis for our political system. It serves as both a practical outline for government and a symbol of our national way of life. Learning about the Constitution not only helps us understand the rights and freedoms we enjoy as Americans, but also gives us tools to defend those freedoms.

The Preamble Sets the Purpose The Constitution's opening paragraph, the Preamble, is a single, long sentence that defines the broad purposes of the republican government created by the Constitution. It begins with the phrase "We the people," signifying that power and authority in our system of government come from the people, not the states.

The Preamble goes on to set various goals for the nation under the Constitution. These goals are expressed in a series of key phrases.

Form a more perfect union. The framers of the Constitution wanted to ensure cooperation among the states, and cooperation between the states and the national government.

Establish justice. The framers hoped to create a system of government based on fair laws that apply equally to all people.

Ensure domestic tranquility. The framers wanted government to ensure peace and order.

Provide for the common defense. The framers wanted the government to protect the nation against foreign enemies.

Promote the general welfare. The framers hoped the government would ensure the well-being of its citizens.

Secure the blessings of liberty to ourselves and our posterity. The framers hoped to guarantee freedom for Americans, both at present and in future.

The Articles Establish Our National Government The main body of the Constitution consists of seven articles. These seven articles are further divided into sections and clauses. The first three articles establish the three branches of government—legislative, executive, and judicial—and define their powers. These articles lay out the basic structure of the national government.

The four remaining articles of the Constitution cover various subjects, including relations among the states, the supremacy of national law, and the amendment process.

Article I Establishes the Legislative Branch The first article sets up Congress as the lawmaking body in government. It describes the two chambers of Congress, the Senate and the House of Representatives, as well as the election, terms, and qualifications of their members. It also sets guidelines for rules and procedures in each chamber. This is the longest article in the Constitution, reflecting the founders' belief in the importance of the legislature in a representative democracy.

Section 8 of Article I lays out some of the main powers granted to Congress. These powers are both enumerated and implied. Enumerated powers are those that are specifically listed in the Constitution, such as the power to collect taxes, coin money, and declare war.

Implied powers are those that the legislature can claim as part of its lawmaking responsibility. This claim to implied power stems from Clause 18 of Section 8, which says that Congress can "make all laws which shall be necessary and proper" for carrying out its duties. This Necessary and Proper Clause is also known as the Elastic Clause, since it can be "stretched" to cover a variety of issues and circumstances.

Section 9 of Article I lists powers denied to Congress. Among these denied powers are the suspension of habeas corpus and the granting of titles of nobility. Habeas corpus is the right of accused persons to be brought before a judge to hear the charges against them. The ban on titles of nobility reflects the principle that "all men are created equal," as expressed in the Declaration of Independence. Banning nobility also guaranteed that the government would continue to be run "by the people, for the people" and not by an elite class.

Article II Establishes the Executive Branch The executive branch is led by the president and vice president. As it does for members of Congress, the Constitution describes the election, terms of office, and qualifications of these executive officers. It also defines the powers of the president, which include the power to command the armed forces, to make treaties, and to appoint other executive officials.

Article III Establishes the Judicial Branch Article III creates the Supreme Court, the highest court in the land, while leaving Congress to create the lower courts. It defines the jurisdiction of the federal courts, specifying the types of cases that can be tried. It also guarantees the right to trial by jury in criminal cases and defines the crime of treason.

The Constitution has a three-part structure. The Preamble is the introduction to the document. The articles make up the body. The amendments are additions and changes made over time. The Constitution has a three-part structure. The Preamble is the introduction to the document. The articles make up the body. The amendments are additions and changes made over time.

The Constitution establishes a government of three branches, with separate powers for each branch. By dividing power, the framers hoped to ensure that no single branch would become too powerful. The Constitution establishes a government of three branches, with separate powers for each branch. By dividing power, the framers hoped to ensure that no single branch would become too powerful.

Article IV Concerns Relations Among the States Article IV has four sections, which make the following key points:

Full faith and credit. Each state must honor the laws and court decisions of other states.

Treatment of citizens. No state may discriminate against the residents of another state. It must treat them as it treats its own residents. States must return suspected criminals to the states in which they are wanted.

New states and territories. Only Congress can authorize the creation of new states. It also has power over territories and other jurisdictions of the United States.

Protection of states. The national government guarantees each state a republican form of government. It also promises to protect states from outside attack and, if requested, to help states put down internal rebellions.

Article V Describes the Amendment Process The framers understood that it might be necessary to make changes to the Constitution from time to time as circumstances changed. Article V spells out the ways such amendments can be proposed and ratified.

Article VI Makes the Constitution the Supreme Law of the Land Article VI covers several topics. It states that the national government agrees to repay all of the debts that were incurred under the Articles of Confederation. This was critical to ensure support for the new government.

It also states that the Constitution is the "supreme Law of the Land." This section, known as the Supremacy Clause, means that federal law supersedes all state and local laws. When the laws conflict, federal law reigns supreme.

In addition, it stipulates that all federal and state officials must take an oath swearing their allegiance to the Constitution. Also, no religious standard can be imposed on any official as a qualification for holding office.

Article VII Explains the Ratification Process Article VII stipulates that the Constitution would not take effect until ratified by at least nine states. Although the Constitution was signed by the framers on September 17, 1787, ratification did not occur until the following year.

Reading Check

Reading Check Section 1 - Elements of the Constitution Score: - Select the appropriate term for each blank.

The Preamble defines the broad purposes of the the republican governments Option 1: TrueOption 2: FalseChoose an answer. Article I establishes the Executive Branch Option 1: TrueOption 2: FalseChoose an answer. Article II allocates the power to command the armed forces, to make treaties, and to appoint executive officials Option 1: TrueOption 2: FalseChoose an answer. Article III defines jurisdiction and includes the Supremacy Clause Option 1: TrueOption 2: FalseChoose an answer.

Submit Restart Notes Unit/Lesson:

Lesson 4 - The United States Constitution Section:

Section 1 - Elements of the Constitution (p. 66 - 68)

1. Explain the purpose of each of the three main parts of the Constitution. Then, list an example from the Constitution that illustrates the purpose of each part. previewPaint brush iconDraw Show Answer Key

2. Explain the difference between enumerated and implied powers and describe how the Constitution establishes both. Start typing here... Show Answer Key

3. Discuss why each branch of government has a different set of responsibilities and powers. List at least two powers of each branch.

4. Amending the Constitution The framers never meant for the Constitution to provide a complete and detailed blueprint for government. As Alexander Hamilton noted in 1788, "Constitutions should consist only of general provisions: The reason is, that they must necessarily be permanent, and that they cannot calculate for the possible changes of things."

In general, the framers made broad statements and left it to political leaders to work out many of the specific details of governing. They also built in an amendment process, in Article V, that would allow for formal changes to the Constitution. They hoped that this flexibility would allow the Constitution and the government to endure.

The Amendment Process Is Not Easy Although the framers understood that amendments might be necessary, they did not want such changes to be taken lightly. For that reason, they made the amendment process difficult. More than 11,500 amendments have been introduced in Congress, but only 33 have been sent on to the states for ratification, and only 27 have been ratified.

Article V lays out a two-step amendment process. Amendments can be proposed and ratified in four ways, as shown in the "Amending the Constitution" diagram. However, one method has been used almost exclusively over the years.

In this typical method, an amendment is first proposed by a two-thirds vote in both houses of Congress. The proposed amendment is then sent to the states, where it must be ratified by the legislatures of at least three-fourths of the states.

Only one amendment, the Twenty-first, which ended prohibition, was ratified in a different way. It was approved not by state legislatures, but by special conventions in three-fourths of the states.

The president has no formal role in the amendment process. The chief executive can support or oppose a proposed amendment but has no power to approve or block its passage. That power lies exclusively with Congress and the states.

Only one provision of the Constitution—the equal representation of states in the Senate—is not open to amendment. This point is made explicit in Article V: "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." This prohibition was meant to ensure that all states—even the smallest and least populated—would always have two seats in the Senate. This was a key compromise worked out during the writing of the Constitution.

The Constitution spells out four methods of approving amendments. All amendments except one have been proposed by Congress and ratified by the state legislatures. The one exception was the Twenty-first Amendment, which repealed the Eighteenth Amendment and ended the national ban on alcohol, known as prohibition. The Constitution spells out four methods of approving amendments. All amendments except one have been proposed by Congress and ratified by the state legislatures. The one exception was the Twenty-first Amendment, which repealed the Eighteenth Amendment and ended the national ban on alcohol, known as prohibition.

Some critics contend that the equal-representation provision is undemocratic. They point out that today over half the U.S. population lives in just nine states: California, Texas, New York, Florida, Illinois, Pennsylvania, Ohio, Michigan, and Georgia. Yet, just 18 out of 100 senators represent this half of the population.

Most people interpret the freedoms guaranteed by the First and Second amendments broadly. However, in reality, these freedoms are limited. Americans disagree on what each amendment in the Bill of Rights was meant to protect, as this cartoon shows. Most people interpret the freedoms guaranteed by the First and Second amendments broadly. However, in reality, these freedoms are limited. Americans disagree on what each amendment in the Bill of Rights was meant to protect, as this cartoon shows.

The First Ten Amendments: The Bill of Rights The first ten amendments to the Constitution— also known as the Bill of Rights—were proposed by Congress in 1789 and ratified by the states in 1791. The rights listed in the Bill of Rights outline the freedoms guaranteed to the people and the states.

First Amendment: Basic freedoms. Guarantees five basic freedoms: religion, speech, press, assembly, and petition.

Second Amendment: Right to bear arms. Protects the right to bear arms and form state militias. The national and state governments, however, claim the right to regulate firearms.

Third Amendment: Quartering of soldiers. Bans quartering of troops in private homes during peacetime. This was a key concern in the 1700s but has little relevance today.

Fourth Amendment: Search and seizure. Prevents unreasonable search and seizure. Police and other authorities have no right to search or seize property or people without just cause.

Fifth Amendment: Rights of the accused. Outlines the right to due processdue process of law and other legal protections. This amendment covers various rights of people accused of crimes. It also covers eminent domain, which is the process by which the government takes over private property. The amendment prevents property from being taken without just or fair compensation.

Sixth Amendment: Right to a fair trial. Guarantees the right to public and speedy trial by a jury in criminal cases. The accused also has other rights such as the right to call witnesses and to be represented by an attorney.

Seventh Amendment: Civil trials. Guarantees the right to jury trial in certain civil cases. A civil case, such as a lawsuit, is a type of case that does not involve criminal conduct.

Eighth Amendment: Bail and punishment. Bans excessive bail and punishment. The courts may not impose unreasonable bail, fines, or cruel and unusual punishment on those convicted of a crime.

Ninth Amendment: Rights retained by the people. Guarantees other rights not listed in the Constitution or Bill of Rights.

Tenth Amendment: States' rights. Reserves powers for the states and the people that are not specifically given to the national government.

Two Early Amendments Strengthened the New Federal Government The remaining amendments came about because of a widely recognized problem, as the result of a reform movement, or both. The first of these was the Eleventh Amendment, adopted in 1795, which protects states from lawsuits by citizens of other states or foreign countries. It was adopted after Georgia lost a Supreme Court case involving a suit brought by a South Carolina resident.

The Twelfth Amendment, ratified in 1804, changed voting procedures in the Electoral College to separate the vote for president and vice president. This became necessary after the 1800 election resulted in an Electoral College tie.

calendar Three Civil War–Era Amendments Extended Rights to African Americans The Thirteenth Amendment made President Lincoln's emancipation of slaves the law of the land. The Fourteenth Amendment overturned the Supreme Court's Dred Scott decision—which had denied citizenship to African Americans—by making all people born in the United States citizens with equal rights and protections. The Fifteenth Amendment was passed to protect the voting rights of freedmen during Reconstruction.

Four Progressive-Era Amendments Dealt with Social and Political Reforms The Progressive period of the early 1900s saw the ratification of four amendments, all designed to promote social and political reform. The Sixteenth Amendment allowed Congress to establish an income tax. Today, the income tax is the main source of revenue for the federal government.

The Seventeenth Amendment provided for the direct election of senators. Previously, senators were elected by state legislatures.

The Eighteenth Amendment instituted prohibition, banning the sale of alcohol, which was later repealed by the Twenty-First Amendment. The Nineteenth Amendment extended voting rights to women.

Four Twentieth-Century Amendments Addressed Governance The Twentieth Amendment changed the start date of presidential and congressional terms. Known as the "lame duck" amendment, it shortened the period in which officeholders who had not been reelected remained in office.

The Twenty-second Amendment limited presidents to two terms. This amendment was prompted by the election of Franklin D. Roosevelt to four terms. The Twenty-fifth Amendment describes the succession to the presidency in case of a president's death or disability, and how to fill a vacancy in the office of vice president.

The Twenty-seventh Amendment—the last to be ratified, in 1992—was first proposed 203 years earlier, along with the Bill of Rights. It states that any pay raise Congress votes for itself cannot go into effect until after the next congressional election.

Proponents of the ERA had introduced the amendment every Congress session from 1923 to 1972. However, the amendment was never ratified. In this 1970s photo, ERA supporters travel to Houston for a conference. Proponents of the ERA had introduced the amendment every Congress session from 1923 to 1972. However, the amendment was never ratified. In this 1970s photo, ERA supporters travel to Houston for a conference.

Three Civil Rights–Era Amendments Extended Voting Rights Between 1961 and 1971, three amendments expanded suffrage for different groups. The Twenty-third Amendment allowed residents of the District of Columbia to vote in presidential elections. As a result, district voters now elect three members of the Electoral College.

The Twenty-fourth Amendment banned poll taxes, which had been used to keep African Americans from voting in some states.

The Twenty-sixth Amendment lowered the voting age from 21 to 18. Ratified during the Vietnam War, the amendment was prompted by arguments that anyone who is old enough to go to war—that is, an 18-year-old—is old enough to vote.

Of all the amendments proposed by Congress but never ratified by the states, perhaps the most famous is the equal rights amendment (ERA). The ERA, first introduced in 1923, was intended to guarantee equal rights for women. The amendment was introduced in every session of Congress from 1923 to 1972, when it was finally passed and sent to the states for ratification. However, the ERA did not win ratification in the necessary three-fourths of the states.

Reading Check

Reading Check Section 2 - Amending the Constitution Score: - Match the Amendment to the proper description.

Fourteenth Amendment Fifteenth Amendment Eighteenth Amendment Nineteenth Amendment Twenty-second Amendment Twenty-third Amendment Twenty-fourth Amendment Twenty-sixth Amendment Submit Restart Notes Unit/Lesson:

Lesson 4 - The United States Constitution Section:

Section 2 - Amending the Constitution (p. 69 - 72)

1. Describe the most common method of amending the U.S. Constitution. Start typing here... Show Answer Key