How the constitution can adapt, change and stay relevant over two centuries. Flexibility and stability. Genius.

1. Changing the DocumentChanging the Document
The Amendment ProcessThe Amendment Process

2. Difficult, but not impossibleDifficult, but not impossible
• Realistically, theRealistically, the ArticlesArticles could not be changed.could not be changed.
• Why would it be necessary to change theWhy would it be necessary to change the
document that describes and shapes the gov’t?document that describes and shapes the gov’t?
• How to make the new Constitution flexible andHow to make the new Constitution flexible and
adaptable, but not unstable and whimsical?adaptable, but not unstable and whimsical?
• Make sure there’s lots of input…Make sure there’s lots of input…
• The process is built upon federalism – sharedThe process is built upon federalism – shared
federal and state power.federal and state power.
• Federal gov’t proposes, state gov’t ratifiesFederal gov’t proposes, state gov’t ratifies
• ∴∴ Constitution has remained stable yetConstitution has remained stable yet
adaptableadaptable

3. The Amendment Process [Article V]The Amendment Process [Article V]
All, except…All, except…
# 21# 21
Never used.
Why?

4. ““Informal amendment” of theInformal amendment” of the
ConstitutionConstitution
• Informal amendment is not mentioned in theInformal amendment is not mentioned in the
Constitution, but…Constitution, but…
• It consists of the day-to-day acts and decisions ofIt consists of the day-to-day acts and decisions of
government that interpret, adjust, fine-tune andgovernment that interpret, adjust, fine-tune and
“tweak” what the constitution means and how it“tweak” what the constitution means and how it
applies in specific waysapplies in specific ways
• The process is key to the Constitution’s flexibilityThe process is key to the Constitution’s flexibility
and adaptability.and adaptability.

5. How itHow it
works….works….• Every law passed by CongressEvery law passed by Congress
changes how the Constitution ischanges how the Constitution is
specifically appliedspecifically applied
• Every ruling by a federal courtEvery ruling by a federal court
changes what the Constitutionchanges what the Constitution
specifically meansspecifically means
• Every action by the PresidentEvery action by the President
and federal agencies adapts theand federal agencies adapts the
enforcement of theenforcement of the
ConstitutionConstitution

6. A Bill of RightsA Bill of Rights
• Consists of the first 10 AmendmentsConsists of the first 10 Amendments
• NOT granting of rights, but…NOT granting of rights, but…
• Specific limits on government power [“… shallSpecific limits on government power [“… shall
not…”]not…”]
• Added to the Constitution quickly to placateAdded to the Constitution quickly to placate
the Anti-Federalists who feared the new gov’tthe Anti-Federalists who feared the new gov’t
would eventually take the peoples’ rightswould eventually take the peoples’ rights
• Note similarities to English Bill of Rights 1689Note similarities to English Bill of Rights 1689
and Petition of Right 1628and Petition of Right 1628

7. The First Amendment ProtectionsThe First Amendment Protections
• RAPPSRAPPS
• ReligionReligion – the “wall of separation” between state and religion– the “wall of separation” between state and religion
– Establishment clauseEstablishment clause
– Free exercise clauseFree exercise clause
• AssemblyAssembly – freedom to meet and gather for peaceful purposes– freedom to meet and gather for peaceful purposes
• PetitionPetition – right to ask the government to take action– right to ask the government to take action
• PressPress – freedom to publish information wanted/needed by the– freedom to publish information wanted/needed by the
people.people.
– Watchdog on governmentWatchdog on government
– Established by the John Peter Zenger trial in VA colony, 1735Established by the John Peter Zenger trial in VA colony, 1735
• SpeechSpeech – right to speak your mind, literally or symbolically– right to speak your mind, literally or symbolically
– Based on freedom of thought [dangerous, but alternative is worse]Based on freedom of thought [dangerous, but alternative is worse]
– Fundamental to a working democracyFundamental to a working democracy

8. Your turn…Your turn…
• Summarize the next 9 amendments in one sentenceSummarize the next 9 amendments in one sentence
eacheach
• 22nd–nd–
right to bear armsright to bear arms
• 33rdrd
– cannot be forced to quarter troops– cannot be forced to quarter troops
• 44thth
- no search or seizure w/o warrant and probable- no search or seizure w/o warrant and probable
causecause
• 55thth
– rights of the accused– rights of the accused
• 66thth
– rights for a speedy and fair trial– rights for a speedy and fair trial
• 77thth
– right to trial in civil suit of $20 <– right to trial in civil suit of $20 <
• 88thth
– protection against excessive bail or cruel– protection against excessive bail or cruel
punishmentpunishment
• 99thth
– you have other rights not listed in the– you have other rights not listed in the
ConstitutionConstitution
• 1010thth
– reserved powers of the states– reserved powers of the states