The Living Constitution

Primary Sources

"No society can make a perpetual constitution, or a perpetual law."

—Thomas Jefferson

TURN AND TALK

Why did the Framers make it so difficult to change the Constitution?

Frame: The Framers made the process hard because they wanted people to ________.

Guarantees of Basic Freedoms

Even as the states were debating whether to adopt the Constitution, many people worried about the government’s power over its citizens. They did not want the government to repeat the abuses that they suffered as colonists under British rule.

One of the first acts of the new Congress was the passage of a series of amendments, which were ratified by the states in 1791. These ten amendments, known as the Bill of Rights, aim to protect Americans’ basic freedoms against the power of the federal government.

The Bill of Rights

• • The First Amendment prohibits the government from establishing a state church, supporting religious practices, or showing preference for one religion over another. It prohibits Congress from restricting freedom of religion, freedom of speech, freedom of assembly, and freedom of the press; and protects the right to petition the government to remove the cause of grievances.
• • The Second Amendment guarantees the continued existence of state militias, thus ensuring the right of the people to bear arms.
• • The Third Amendment prohibits the government from forcing people to house soldiers in their homes, except according to law.
• • The Fourth Amendment protects citizens against unreasonable searches and seizure of their property.
• Amendments Five through Eight concern the rights of citizens who are accused of crimes.
• • The Fifth Amendment guarantees due process of law when a person is accused and tried for a crime. It also says that people do not have to give evidence in court that might hurt them and that they cannot be tried twice for the same crime.
• • The Sixth Amendment guarantees people a trial by jury in criminal cases and the right to a lawyer.
• • The Seventh Amendment guarantees the right to a jury trial in civil cases involving more than $20.
• • The Eighth Amendment prevents judges from setting excessive bail or handing out cruel and unusual punishments.
• • The Ninth Amendment says that the rights of citizens are not limited to only those described in the Constitution.
• • The Tenth Amendment grants that any powers not given in the Constitution to the federal government belong to the states.

militia: armed citizens who are called for service in times of emergency

due process: legal proceedings carried out according to established rules and principles

civil: relating to ordinary community life as opposed to criminal proceedings

bail: money given to secure the temporary release of an accused individual while he or she is awaiting trial

ANNOTATE

• Circle the five specific freedoms listed in the 1st Amendment.
• Underline the two amendments (6th and 7th) that specifically mention a "jury."
• Star the amendment that protects against "cruel and unusual punishments."

Primary Sources

"How will we be protected against unjust acts of government?"

—Patrick Henry

STOP AND JOT

How do Amendments 5-8 help protect citizens from "unjust acts"?

Frame: They ensure that people accused of crimes are treated ________.

Individual Rights Versus Majority Rule

The Bill of Rights is a powerful declaration of the rights of individuals. At the same time, the Constitution created a democracy based on the rule of the majority. According to majority rule, decisions are made by a majority vote, and the viewpoint of the minority is defeated. But when the will of the majority conflicts with individual liberties, which principle should be followed? The Bill of Rights has been at the center of some of the most important and controversial Supreme Court cases in our country’s history. In these cases the justices have had to struggle to find a balance between individual liberty and majority rule.

The Civil War Amendments

These measures were adopted shortly after the Civil War to protect the rights of former slaves.

• • The 13th Amendment ended slavery and forbade other forms of forced labor, except in prisons.
• • The 14th Amendment defined citizenship; its due process and equal protection clauses protect civil rights from infringement by the states.
• • The 15th Amendment prohibits any restrictions on the right to vote that are based on race, color, or having been a slave.

Later Amendments

Amendments 16 through 27 cover a variety of issues from an income tax to congressional pay raises.

• • 16th: Federal income tax.
• • 17th: Direct election of senators.
• • 18th: Prohibits alcohol sale/consumption.
• • 19th: Women's right to vote.
• • 20th: presidential/congressional terms.
• • 21st: Repealed Prohibition (Amd 18).
• • 22nd: presidential two-term limit.
• • 23rd: D.C. right to vote for President.
• • 24th: Prohibits payment of poll tax.
• • 25th: presidential disability/vacancy.
• • 26th: voting age at 18.
• • 27th: congressional pay raises.

repeal: to remove or cancel a law

ANNOTATE

• Circle the amendment (21st) that repealed a previous law.
• Underline the description of the 14th Amendment.
• Box the numbers of amendments that expanded voting rights.

STOP AND JOT

Why is the 14th Amendment's "equal protection" so important?

Frame: Equal protection ensures that states cannot ________.

Section Review

1. Defining Constitutional Terms

Write a brief definition for each of the following terms.

a. amend:

d. civil:

b. joint resolution:

e. bail:

c. due process:

f. repeal:

2. Reading a Chart

On the chart below, circle the amendments that expanded voting rights.

3. Reviewing the Main Ideas

Use complete sentences to write a brief answer for each question.

a. In what two ways can the Constitution be amended?

b. What fundamental rights are protected by the First Amendment?

c. How was the amendment process used to improve the lives of former slaves after the Civil War?

4. Understanding the Constitution

If you had an opportunity to add an amendment to the Constitution, what would you propose? Why?

Frame: I would propose an amendment that ________ because ________.