How have amendments and
Judicial Review changed the
Constitution
 James
Madison appointed to head the
committee to create the Bill of Rights
 12 amendments proposed
 10 adopted


2 consolidated
The other would be amended into the
Constitution at a later date
1
2
3
4
5
6
7
8
9
10
Right to Free Expression
Right to Bear Arms
Rights Against Quartering Troops
Rights Against Unreasonable Searches and Seizures
Rights of Due Process
Rights to a Fair Trial
Rights to Common Law/Civil Trial
Rights Against Cruel and Unusual Punishment
Rights Reserved to the People
Rights Reserved to the States
 Right
to Free Expression
 Speech

SPRAP
 Right


Press Religion Assembly Petition
to Bear Arms
?? Well regulated militia
?? Right of the Citizens to keep and bear arms
 Rights
Against Quartering Troops
 4th
– Right Against Unreasonable Search and
Seizure

 5th

 6th

 7th

 8th

Need a warrant
– Right to Due Process
Double Jeopardy, Due Process, Eminent Domain, Grand Jury
- Right to a Fair Trial
Speedy, Counsel, Confront the witness, Jury Trial
– Right to Common Law/Civil Trial
$20, jury trial
– Right Against Cruel & Unusual Punishment
Bail, Humane Punishment (punishment fits the crime)
RIGHTS RESERVED
9th – The People
* Believed they couldn’t list all possible rights
* Feared other rights would be abused
10th – The State
* Feared Federal government would overpower states
* Reserved all but EXPRESSED POWERS to states



Framers intended the Constitution to be and to remain the
fundamental framework for the government/law
They did recognize that society and conditions would change in
the future and so the Constitution might need to be able to be
changed as well
Amending the Constitution made, intentionally, difficult




2/3rds of BOTH HOUSES or by petition of 2/3rds of the states
3/4ths of all states legislatures or special state conventions
Congress can set a time limit for amending process
More than 10,000 amendments have been proposed in Congress


33 have made it out of Congress and to the states for ratification
27 have been ratified and have become Amendments
 Bill


of Rights (1-10)
Many consider these to be part of the original
Constitution
12 original amendments sent – 10 ratified
 Fundamental



Slavery outlawed
Citizenship defined
Equal Protection under the law
 Expansion


Change (13, 14)
of Suffrage (15,19,24, 26)
Cannot deny right to vote based on race, sex, age or
failure to pay
Direct election of Senators
 Overturning
Supreme Court Decisions (11, 16)
11 – expanded the jurisdiction of the federal courts
 16 – overturned the ban on Congress levying an income tax

 Refinements




(12, 20, 22, 25)
12 – electors’ 2 voted now one for president, one for vice-president
20 – shortened time between election and taking office
22 – limits president to 2 terms/10 years)
25 – made official what would happen upon the death, disability,
removal or resignation of the president
 Morality
(18, 21)
18 – Prohibition – outlawed the sale, manufacture, transportation of
alcohol
 21 – repealed prohibition






Many (including G. Mason) argued for a bill of rights at the
constitutional convention
Many believed it unnecessary, as the Constitution already
contained many checks on power
Anti-Federalists argued the need of a BILL OF RIGHTS, saying a
lack of any guarantee of rights invited tyranny
James Madison proposed a bill of rights when he ran for a seat
in the first Congress. He introduced many rights to Congress.
The Senate reduced the list to 12. The States ratified 10 of the
12. This became what is known as the BILL OF RIGHTS


Marbury v. Madison: Unanimous Supreme Court ruling that
illustrates the power of the Supreme Court to decide whether
acts of Congress, the Executive branch, state laws or even state
constitutions violate the US Constitution. This power is known
as JUDICIAL REVIEW
Judicial Review is not mentioned specifically in the
Constitution, but both the Federalists and Anti-Federalists
assumed the Supreme Court would exercise Judicial Review (as
to their writings). The concept rests on the following premises:




The people exercised their sovereign power when they adopted the Constitution as
the superior, paramount law that cannot be changed by ordinary people
Acts of Congress, the Executive and the states are fleeting when compared to the
Constitution
Acts of Congress, the Executive and the states that conflict with fundamental law are
not entitled to enforcement and must be disregarded
Judges are in the best position to declare what the Constitution means. By striking
down laws and acts, they preserve the nation’s fundamental law



JUDICIAL REVIEW not immediately or universally accepted
Some felt it invited an abuse of power by the Judicial branch
Some believes only the state’s Supreme Courts should rule on
state laws





Legislative branch was the peoples’ voice/sovereignty. Judicial review
could act against the will of the people
Judicial Review could lead to political turmoil if branches of government
or states refused to follow Supreme Court rulings
Judicial Review made the Supreme Court equal to or more powerful than
the legislature, even though they were not elected
Judicial Review unnecessary as all elected officials must swear an oath
to defend and protect the Constitution
Judge’s errors can not be reversed by ballot or by law. They could only
be changed thru constitutional convention
 In
4 groups, read about your case
 Answer the questions on the back
 Present to the class



Background of the case
Constitutional Issue/s
How do you think the Supreme
Court should rule? WHY?




How is the Constitution amended? What might be the
consequences if the Framers had not provided for the
Constitution to be changed?
What were the arguments for and against the inclusion of
the Bill of Rights?
Which of all the amendments made the country MORE
democratic? In what ways?
Describe the doctrine of JUDICIAL REVIEW. IN what ways
had judicial review proven to be controversial?