constitution Lesson 15 Lesson objectives Describe the two ways in which the Constitution can be amended Identify major categories of constitutional amendments Summarize why James Madison introduced the bill of rights ID: 641015
Download Presentation The PPT/PDF document "How have Amendments and Judicial Review ..." is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
How have Amendments and Judicial Review change the constitution?
Lesson 15Slide2
Lesson objectives
Describe the two ways in which the Constitution can be amended.
Identify major categories of constitutional amendments.
Summarize why James Madison introduced the bill of rights.
Take, evaluate and defend positions on the amendment process and judicial review.Slide3
How and why did the framers devise an amendment process?The constitution was created to and remain a framework of law.Not to be confused with ordinary laws.
George mason argued that amendments were necessary
“Amendments will therefore be necessary, and it will be better to provide for them, in an easy, regular and Constitution way than to trust to chance and violence.”Slide4
Amending the constitution is difficult
Making it difficult was by design
Not as difficult as the articles of confederation
Amendment process: Article V
Structure allows for two ways for proposal and ratification.Slide5
ProcessesProposal2/3 of both houses of Congress
Petition of 2/3 of the states calling for a special convention.
Congress has the power to decide how a proposed amendment will be ratified
Congress also has the power to determine how long state have to approve the amendment.
If the amendment is not ratified in that period of time, the amendment fails.
Ratification
¾ of state legislatures
¾ approval of special state conventions called consider ratification.Slide6
New ideas… Since 1789, nearly 10 K amendments proposed33 have gone to states for ratification27 survivedThe process of state legislatures calling a convention has never been used.Slide7
Types of constitutional amendments….Bill of Rights = First 10 amendments 179112 proposed…..10 accepted. One of the remaining two was passed in 1992 as amendment #27. Limits Congresses'’ ability to raise heir own salaries.
Fundamental changes
13, 14
th
outlawed slavery, define citizenship, impose equal protection and due process on the states
Give Congress expansive powers enforcement powers.
Argued to be like a 2
nd
constitutionSlide8
Expansion of suffrage6 Amendments that deal with suffrage/elections15: outlaws voting restrictions based on race.
19: outlaws voting restrictions based on sex
24: removal of poll taxes
26: allowed 18 year olds the right to voteSlide9
Overturning supreme courts decisions11th: Overturned the court case -- Chisholm v. Georgia -1793 expanded federal courts at the expense of state courts.
16
th
: Overturned the court case – Pollock v. Farmers’ Loan and Trust Co. – 1895 barred Congress from levying an income tax.Slide10
refinements12th Amendment: requires electors to make separate choices for President and Vice-President
20
th
Amendment: shortened the time between an election and when the President, Vice-President and members of Congress take office
Reflected Communication and travel changes
Public officials could arrive sooner to the nation’s capital
22
nd
Amendment limits the President to two terms
25
th
Amendment addresses gaps in Article II regarding death, disability, removal or resignation of the President.Slide11
Morality 18Th Amendment (1919)
1880’s Women’s Christian Temperance Union and the Prohibition Party argued the unhealthy influence on American Families.
Outlawed
the manufacture, sale and transport of alcohol
Private possession and consumption were not outlawed.
Ratified in 1919
21
st
Amendment (1933)
Repealed the 18
th
Only amendment that has been ratified using the state convention method.Slide12
Why a bill of rightsDisagreement over whether a bill of rights was needed.
Some believed that many rights were already contained in the Constitution.
Others pressed at all limits to obtain a bill of rights
8 wanted a states ensuring rights not given to the national government were reserved for the states.
7 wanted a guarantee of jury trial in civil cases
Others wanted religious freedom.
Jefferson pressed heavily for a Bill of RightsSlide13
Madison’s proposed changes;Sherman’s response
14 changes to Articles I and Article III
Changes by adding a prefix
Inserting changes into Article I, section 10
Sherman argued it was too early to begin rewriting the Constitution itself.
Concern that the ratification process might need to begin and again and could fail.
House agreed with Sherman and sent over a list of 17 amendments to the Senate to be added to the end as amendments
Senate reduced them to 12….10 were ratified.Slide14
Judicial reviewExpansion of the Constitution can occur through Judicial Interpretation.Marbury v. Madison
John Marshall, Chief Justice wrote the majority opinion – unanimous
Judges have the right to review and decide whether acts of Congress, the executive branch, state laws and even state constitutions violate the Constitution.
Power to declare the meaning of the Constitution
Power to determine whether the actions of government officials violate the Constitution.Slide15
Judicial review continued…Constitution does not establish or mention Judicial ReviewIt was assumed the Court would exercise such power
Originates in English Law
Most state courts exercise that power
Defended by Hamilton in Federalist 78
Marbury v. Madison “emphatically” asserted the Court had the “providence and duty to say what the law is”
Premises of Judicial Review
People exercised their power through ratification. The Constitution is a superior, paramount law that cannot be change by ordinary means.
Particular acts of Congress, the executive and states reflect a temporary view of what law is, whereas the Constitution is timeless.
The justices are in the best position to make the judgements of law, preserving the nation’s fundamental law and the true will of the people.Slide16
Judicial review was not universally accepted
Anti-federalists such as Brutus feared the Court would use it to eliminate the power of state courts.
Andrew Jackson argued against it…threatened not to enforce decisions he disagreed with.
Concerns with Judicial Review:
Judicial review is an act of sovereignty and should remain with the states
Judicial review could cause turmoil if the other branches of the government or the states disagreed with the Courts position.
Judicial review makes the Court equal with other branches of the government
Judicial Review is not infallible and only correctible with a Constitutional Amendment.