Bill of Rights and Amendments

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Bill of Rights and Amendments
NAME...........
HIS/301
25 July 2013
Mark Durfee MBA, MA, M.Ed

* Bill of Rights and Amendments * The original U.S. Constitution did not contain a Bill of Rights. This was added at a later date at which time Amendments were also added. Since the creation of this original document there have been several alterations and additions to the Constitution. How these amendments are included and why they were, is vital to understanding the document as a whole. However, the problems of the original document prompted the inclusion of a Bill of Rights. The Bill of Rights has also affected the Constitution in multiple ways. The original document presented problems with changing society that led to later amendments of which the Thirteenth through Fifteenth Amendments are an example and the effects of these Amendments are evidence of justification. * The How and Why of Constitutional Amendments * Our Constitution can only be amended by the Authority provided in Article V of the Constitution. Article V allows that Congress can propose an Amendment that must pass with a two thirds vote in both houses or by a Constitutional Convention that is called for by two thirds of the State legislators ("National Archives", n.d.). Once this Amendment is approved of by two thirds, it is then officially sent to the States for ratification. Once the Amendment has been ratified by three fourths of the states is then becomes a part of the Constitution. The process for ratification is not written in detail however there has been a process established over time that is and has been used since the creation of the Constitution ("National Archives", n.d.). * The Constitution was set up to limit the power of Government however, when it was designed by the framers they left a means of alteration as they understood the need for our Constitution to adapt to changing times. Through Article V the framers designed a very thorough and effective means of limiting any frivolous alteration to the Constitution. This limitation keeps all changes limited to those that almost all can agree is a needed one. This power provided to Congress was also a means of limiting power to both of the other branches and leaving the States with power to influence the future of their country. The design of Article V came at the same time as a need for a Bill of Rights was expressed. As the original creators wanted to maintain the integrity of the original document of the U.S. Constitution it was decided that all changes and alterations would take the form of these Amendments that were passed by Congress and ratified by the states instead of just replacing the old. * The Original Document and the Bill of Rights * The Framers of the Constitution were split on multiple issues at the time that they drafted it. One of the issues that supporters of states’ rights expressed extreme dislike about is the lack of a Bill of Rights being included in the Constitution. Thomas Jefferson was a strong supporter of protecting people’s rights and he and many other Americans fought to have a Bill of Rights added to the Constitution. Jefferson argued that only a tyrannical government would try to prevent a Bill of Rights and that including a Bill of Rights in the Constitution would prevent a national government from taking away basic rights (Patterson, Chapter 2, 2009). These arguments among many others led to Madison presenting a Bill of Rights to the first congress of which ten were ratified soon after. This Bill of Rights effectively limits the Government from affecting certain areas of a person’s life. * Effects of the Bill of Rights * The primary effect of the Bill of Rights is its statement that the people of America consent to being governed; however they will not permit the government to have control in certain areas of their life that are listed and limited by the Bill of Rights. These base rights prevent the government from suppressing the voice of the people of America, no matter their size. They prevent the government from invading ones privacy of their home without extreme justification. These are all examples of how the Bill of Rights limits the federal government from enacting its power on the individual person. Although as times have changed so did the way the Constitution was interpreted and implemented which in turn led to Amendments. * * How Changing Society Prompts Amendments * When the Constitution was originally created there were issues that were still unresolved such as slavery and some individual’s rights to vote. These issues prompted the ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments. Each was designed to address an evolving issue of how our Nation was developing and the course of our future. These Amendments are also known as the Reconstruction Amendments as they were designed to unite the people of America together under equal law for all. * Thirteenth Amendment * The Thirteenth Amendment was simply designed to abolish slavery in the states which was implemented in 1865. This Amendment was a viable conclusion to the conflicts and arguments that had persisted since the creation of the Constitution. Should there have been no states without slavery and no people speaking out to end it this Amendment may never have come to be. * Fourteenth Amendment * The Fourteenth Amendment which was ratified in 1868 was intended to protect and ensure that the civil rights act passed in 1866 would stay valid. Ensuring that all people born in the United States would be citizens and given “full and equal benefit of all laws” ("Reconstruction: The Second Civil War", 1997). This Amendment is very detailed and has been the source of a lot of unforeseen issues. This Amendment has been a critical part of many trials and judicial proceedings which have spawned from these unforeseen issues. This Amendment also stated and forced the States and Federal governments to limit their power to abide by the Bill of Rights. * Fifteenth Amendment * The Fifteenth Amendment gave all male Americans the right to vote, thereby removing the previous restriction of race which limited voters to white males only. This was a major step on the road to the constitution as it is today. This amendment opened the second to last door for voting rights which only left women’s rights to vote which wasn’t until the passing of the nineteenth amendment in 1920 (Patterson, Chapter 2, 2009). * Nineteenth Amendment * With the passing of the Nineteenth Amendment all citizens of the United States were eligible to vote. This Amendment removed all gender related restrictions from voting. This was the final hurdle to providing equality rights to all Americans regarding voting. The effects of all of these amendments are still seen and felt in our modern times. * Effects of the Amendments * These Amendments commonly referred to as the Reconstruction Amendments, have thoroughly changed the way our Constitution is interpreted. These Amendments have led to the present where there are no slavery issues in the United States and all citizens, Black, White, Hispanic, Male, or Female have the right to vote. They have provided protection to the people from the Federal and State governments, which were not in place at the creation of the original Constitution (Patterson, Chapter 2, 2009). These Amendments are a central part of modern day life as they continue to provide protection to the American people in many forms to include their rights to a trial by jury and many others. * Continuing Evolution of the Constitution * As our Country continues to grow so will our Constitution thanks to those that created it As our governments continue to make adjustments to the Constitution as a group based off of future needs and unforeseen events our nation will continue strong. As long as the People’s rights continue to be upheld by our government, we as a people should encourage the growth of our Constitution to balance the changes in our future.

* References * National Archives. (n.d.). Retrieved from http://www.archives.gov/federal-register/constitution/ * * * Patterson, T. E. (2009). The American Democracy (9th ed.). Retrieved from https://ecampus.phoenix.edu/content/eBookLibrary2/content/eReader.aspx?assetMetaId=972de29b-d180-4689-8f49-21b4f77c72a3&assetDataId=1c1ba157-78e5-4862-a5e6-a8c2dbff3fbc&assetpdfdataid=3056982e-1479-412c-9afd-fd745432b6ed. * * Reconstruction: The Second Civil War. (1997). Retrieved from http://www.pbs.org/wgbh/amex/reconstruction/activism/ps_1866.html

References: * National Archives. (n.d.). Retrieved from http://www.archives.gov/federal-register/constitution/ * * * Patterson, T. E. (2009). The American Democracy (9th ed.). Retrieved from https://ecampus.phoenix.edu/content/eBookLibrary2/content/eReader.aspx?assetMetaId=972de29b-d180-4689-8f49-21b4f77c72a3&assetDataId=1c1ba157-78e5-4862-a5e6-a8c2dbff3fbc&assetpdfdataid=3056982e-1479-412c-9afd-fd745432b6ed. * * Reconstruction: The Second Civil War. (1997). Retrieved from http://www.pbs.org/wgbh/amex/reconstruction/activism/ps_1866.html