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The Constitution requires that any amendment must be approved at both the national and state levels. First an amendment is approved at the national level—usually by Congress—and proposed to the states. Then the states either ratify it or reject it.
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Congress may propose an amendment if it has been approved by a two-thirds vote in both the Senate and the House of Representatives. Congress proposed the 27 amendments that are part of our Constitution today.
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A national convention or assembly, may propose amendments. The convention must be called for by two thirds of the state legislatures. This method, however, has not yet been used.
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There are two ways for the states to ratify an amendment. The usual route is approval by three fourths of the nation’s state legislatures. The other method is approval by special conventions in three fourths of the states. Congress chooses which method will be used.
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In the case of the Bill of Rights, the amendment process began in Congress. James Madison spoke to fellow members of the House in June 1789. He declared that many Americans believed that the Constitution did not adequately protect their rights. Madison argued that Congress needed to propose a bill of rights. This would earn the people’s trust and lay a solid foundation for the new republic.
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The newly elected Congress, however, was impatient to begin passing laws. Madison urged Congress to prepare a bill of rights. By doing so, he declared, Congress would “make the Constitution better in the opinion of those who are opposed to it without weakening its frame … in the judgment of those who are attached to it.”
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Two months later, members of Congress began preparing the Bill of Rights. After some debate, they produced a list that drew on many earlier statements of individual rights. These statements included the Magna Carta, the English Bill of Rights, colonial charters, and state constitutions.The next issue was where in the Constitution to place the Bill of Rights. Madison wanted the rights within the articles of the Constitution to link them to limits already placed on the government.A majority of members of Congress voted to attach the list of rights to the end of the document. Some Congress members wanted the Bill of Rights at the end because they did not want to give them the same importance as the original Constitution.
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A committee of Congressmen wrote final versions of twelve amendments, including ten that protected citizens’ rights. Congress approved the amendments and proposed them to the states in September of 1789.The amendments were welcomed by people who distrusted the new government. Only two proposals failed: to enlarge the House and to limit when Congress might raise its salaries. By December 15, 1791, the states had ratified ten amendments protecting citizens’ rights. The Bill of Rights had become part of the Constitution.
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The first ten amendments to the Constitution were added to protect citizens’ rights against actions by the national government. The Bill of Rights did not change any principles in the Constitution. Instead, these ten amendments spell out basic rights that are protected under our form of government. These rights fall into three main categories: (1) individual freedoms, (2) protections against government abuse of power, and (3) rights of citizens accused of crimes.
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Freedom of the press has its limits. For instance, a newspaper is not free to libel, or print lies about, a person. Also, both freedom of speech and freedom of the press may be limited when what is said or written endangers the lives of citizens, as when a person falsely shouts “Fire” in a theater and causes a panic.Under the First Amendment, citizens also have the right to assemble, or meet together. For instance, a group may hold a demonstration to protest a new law as long as their demonstration is peaceful and does not violate the rights of other citizens.Any citizen or group of citizens has the right to ask a government representative to change a law, to make a new law, or to solve problems that arise in other ways. A citizen may make such a request by writing a letter, by sending an e-mail, by telephoning, or by sending a petition—a request signed by many citizens—to a representative in Congress.
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The 2nd, 4th and 5th amendment stem from the colonists' experience under the rule of England.
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Due process of law, a process by which the government must treat accused persons fairly according to rules established by law. People accused of crimes have rights under the Constitution.
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Double jeopardy, being placed on trial twice for the same crime.
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The Eighth Amendment protects accused persons from unfair treatment both before and after a trial. Instead of having to stay in jail until the trial, an accused person may be allowed to deposit with the court a certain amount of money—called bail. This money is a pledge that the person will appear at the trial.The Eighth Amendment forbids the amount of bail from being unfairly high. When the person appears at the trial, the bail is returned. This system protects the accused person from long-term imprisonment before being convicted of a crime. The Eighth Amendment also protects people from “cruel and unusual punishments.” Whipping, branding, and other physical punishments were common in England and America during the 1700s. The debate continues today over whether the death penalty should be considered “cruel and unusual punishment.”
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Freedom of the press, the right to publish newspapers, magazines, and other materials without governmental restriction.
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Freedom of speech, the right to express one’s opinions publicly.
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The first ten amendments to the Constitution are broad descriptions of rights. They were not intended to explain how those rights apply to every situation. Furthermore, sometimes certain rights have to be weighed against other rights.
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Usually cases involving citizens’ rights are first brought before local judges. If necessary, the decisions of these judges may be examined by higher courts, such as state courts. A few cases that start out in local courts eventually reach the United States Supreme Court. These cases often have far-reaching consequences for the nation.
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Case studies, which are descriptions of situations or conflicts, the issues involved, and the decisions made.
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Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. |
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Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. |
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. |
