Changes

In this class we focus on the Bill of Rights, with a review of the judiciary.  When the U.S. Constitution was ratified in 1788, there was concern by many Americans that the document did not have enough protections against ever-growing government power.  These concerns were well-placed, and many today on both sides of the political spectrum complain about how powerful and overbearing government has become.

In this class we focus on the Bill of Rights, with a review of the judiciary.  When the U.S. Constitution was ratified in 1788, there was concern by many Americans that the document did not have enough protections against ever-growing government power.  These concerns were well-placed, and many today on both sides of the political spectrum complain about how powerful and overbearing government has become.

The original Constitution established the basic structure of the federal government, but included very few protections for individual rights.  Advocates of the Constitution, including Alexander Hamilton and James Madison, insisted that special safeguards for individuals against government power was unnecessary, because the Constitution granted only limited powers to the new federal (national) government.  This new "United States" government could not infringe on individual rights because the Constitution did not give it the power to so infringe.  But as the ratification debate ensued in various states, particularly the then=large states of Virginia, New York, and Massachusetts, supporters of the Constitution had to promise they would quickly amend the Constitution with a "Bill of Rights" to prevent the new United States government from growing too powerful.

The original Constitution established the basic structure of the federal government, but included very few protections for individual rights.  Advocates of the Constitution, including Alexander Hamilton and James Madison, insisted that special safeguards for individuals against government power was unnecessary, because the Constitution granted only limited powers to the new federal (national) government.  This new "United States" government could not infringe on individual rights because the Constitution did not give it the power to so infringe.  But as the ratification debate ensued in various states, particularly the then-large states of Virginia, New York, and Massachusetts, supporters of the Constitution had to promise they would quickly amend the Constitution with a "Bill of Rights" to prevent the new United States government from growing too powerful.

The first Congress after ratification of the Constitution, and after the election of George Washington as the first President, convened in New York City.  (Washington, D.C., did not exist yet.)  One of its first official acts, on March 4, 1789, was to pass ten amendments as a "Bill of Rights" and then send it to the states for ratification, so that it could become part of the U.S. Constitution.  Here is what this Act was:

The first Congress after ratification of the Constitution, and after the election of George Washington as the first President, convened in New York City.  (Washington, D.C., did not exist yet.)  One of its first official acts, on March 4, 1789, was to pass ten amendments as a "Bill of Rights" and then send it to the states for ratification, so that it could become part of the U.S. Constitution.  Here is what this Act was:

{{cquote|The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress}}

{{cquote|The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress}}

In simple terms, the primary method is that two-thirds majority of Congress must first pass the amendment, and then three-quarters of the State legislatures must approve it, in order for it to become part of the Constitution.  There are other ways to amend the Constitution, such as two-thirds of the States calling for a constitutional convention (like the original constitutional convention), but that has never been done.  Many oppose ever calling a Constitutional Convention (Con Con), because it would likely do what the original Constitutional Convention did:  rewrite the entire Constitution.  There are not any more George Washingtons to preside over it, or Alexander Hamiltons to guide it.

In simple terms, the primary method is that two-thirds majority of Congress must first pass the amendment, and then three-quarters of the State legislatures must approve it, in order for it to become part of the Constitution.  There are other ways to amend the Constitution, such as two-thirds of the States calling for a constitutional convention (like the original constitutional convention), but that has never been done.  Many oppose ever calling a constitutional convention (Con Con), because it would likely do what the original Constitutional Convention did:  rewrite the entire Constitution.  There are not any more George Washingtons to preside over it, or Alexander Hamiltons to guide it.

So the Bill of Rights was passed by at least a two-thirds vote of the House of Representatives, and then at least a two-thirds vote of the U.S. Senate, and by the end of 1791 (more than two years later) it was ratified by at least three-quarters of the States.

So the Bill of Rights was passed by at least a two-thirds vote of the House of Representatives, and then at least a two-thirds vote of the U.S. Senate, and by the end of 1791 (more than two years later) it was ratified by at least three-quarters of the States.

Some amendments passed by more than two-thirds of both chambers of Congress were unsuccessful in obtaining approval by three-quarters of the States (38 States is three quarters of 50 States today).

Some amendments passed by more than two-thirds of both chambers of Congress were unsuccessful in obtaining approval by three-quarters of the States (38 States is three-quarters of the 50 States today).

The most famous example of a proposed amendment that was never ratified was the so-called "Equal Rights Amendment" (ERA), which was supported by the leaders of both political parties, by all of the media, and passed Congress by almost unanimous votes.  The ERA stated:

The most famous example of a proposed amendment that was never ratified is the so-called "Equal Rights Amendment" (ERA), which was supported by the leaders of both political parties, by all of the media, and which passed Congress by almost unanimous votes.  The ERA stated:

:Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

:Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

:Section 3. This amendment shall take effect two years after the date of ratification.

:Section 3. This amendment shall take effect two years after the date of ratification.

After it swiftly passed legislatures in about 32 states, Phyllis Schlafly organized grassroots opposition to under the name "Stop ERA."  The implications of ERA, particularly when applied by liberal courts, were to prohibit allowing sensible differences between men and women.  If men were drafted into war, then women must be drafted into war.  Abortion, even taxpayer-funded abortion, would become law in order to ensure that women could end pregnancies and be just like men.  Marriage could no longer be limited to one man and one woman.  ERA would give vast new authority to federal courts, over issues that have always been handled by local state courts.  And so on.

After it swiftly passed legislatures in about 32 States, Phyllis Schlafly organized grassroots opposition to under the name "Stop ERA."  The implications of ERA, particularly when applied by liberal courts, were to prohibit allowing sensible differences between men and women.  If men were drafted into war, then women must be drafted into war.  Abortion, even taxpayer-funded abortion, would become law in order to ensure that women could end pregnancies and be just like men.  Marriage could no longer be limited to one man and one woman.  ERA would give vast new authority to federal courts, over issues that have always been handled by local state courts.  And so on.

In one of the most stunning political upsets in American history. ratification of ERA was halted at 35 States, 3 short of the 38 States needed to become part of the Constitution.  Congress even extended the deadline for ratification from 1979 to 1982, but no additional States passed it, and a few States even rescinded their prior passage of it.  On June 30, 1982, the last day of the ratification period set by Congress, Stop ERA group held a victory party in D.C. - which your instructor attended.

In one of the most stunning political upsets in American history. ratification of ERA was halted at 35 States, 3 short of the 38 States needed to become part of the Constitution.  Congress even extended the deadline for ratification from 1979 to 1982, but no additional States passed it, and a few States even rescinded their prior passage of it.  On June 30, 1982, the last day of the ratification period set by Congress, the Stop ERA group held a victory party in D.C. - which your instructor attended.

== Applying the Bill of Rights ==

== Applying the Bill of Rights ==

Answer the first five questions, and then two of the remaining three:

Answer the first five questions, and then two of the remaining three:

1. Suppose the police entered your home without a warrant, despite your objection, and searched your house.  Which part of the Constitution did the police violate (unless there was an exception, like an emergency)?  Explain briefly.

1.  What is your favorite part of the Bill of Rights?  Explain.

<br>2.  What is your favorite part of the Bill of Rights?  Explain.

<br>2.  Explain which amendments in the Bill of Rights protect the rights of defendants.

<br>3.  Explain which of the Bill of Rights protect the rights of defendants.

<br>3.  Should federal courts apply all the Bill of Rights, including the Establishment Clause, against state and local government?  Discuss.

<br>4.  Should federal courts apply all the Bill of Rights, including the Establishment Clause, against state and local government?  Discuss.

<br>4. Suppose the police entered your home without a warrant, despite your objection, and searched your house.  Which part of the Constitution did the police violate (unless there was an exception, like an emergency)?  Explain briefly.

<br>5.  Is there any new amendment that you like to see in the U.S. Constitution today, and what would be necessary to add it?

<br>5.  Is there any new amendment that you like to see in the U.S. Constitution today, and what would be necessary to add it?

<br>6.  Is it too easy or too difficult to amend the U.S. Constitution?  Explain, while mentioning the example of the ERA.

<br>6.  Is it too easy or too difficult to amend the U.S. Constitution?  Explain, while mentioning the example of the ERA.

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[[category:Homeschool Curriculum]]

[[category:Homeschool Curriculum]]