...Bill of Rights and Amendments Salvatore Coco HIS/301 AUGUST 15, 2013 Christina Winn Bill of Rights and Amendments Although the Constitution was written primarily to define and represent the ideals and dreams of men for freedom of life; liberty, and the pursuit of happiness, there were many imperfections because of the compromises required to get the document ratified by the states involved. Amendments to the Constitution were added to correct these deficiencies, including the Bill of Rights and the first 10 amendments. However, the Bill of Rights still did not adequately address the issues of slaves. Amendments 13, 14, and 15 were added in an attempt to fulfill the gaps left by the original 10. These amendments were also a precursor to future amendments addressing civil right issues during the Civil Rights movement. How and Why Amendments are added to the Constitution The Constitution was approved in 1788, including Article V stating how amendments would be added. Amendments were needed either as an improvement, a correction, or an addition. There are two ways to pass an amendment although only one has ever been used. The first method takes two-thirds of the house and Senate and three-fourths of the states to have a proposed amendment ratified. The second method, although never used requires a Constitutional Convention to be called by two-thirds of the House...
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...History 301 / United States Constitution Joseph Richardson As Americans we are given certain “freedoms” that other countries are not entitled to have. In 1787 the United States Constitution went to effect and included the Bill of Rights that provides us with our freedoms. Each of these amendments is very important to the way we live in today’s society and play an important role in our lives. The Constitution and the Bill of Rights is the foundation for our country and the Amendments it includes gives our citizens their individual rights. The Constitution is what separates us from any other country. Certain Amendments were able to pave the way for all groups of individuals to have equal rights. The Constitution is a living document and was created that way to keep growing and changing to evolve with the American people. Our founding fathers understood that times would change the United States would grow and have different issues then our forefathers had. Because they understood this when they created the Constitution of the United States which included article V. Article V of the United States Constitution states that whenever two thirds of both houses decides an amendment is necessary they can propose it. A proposed amendment becomes part of the Constitution after it is ratified by three fourths of the 50 states. An amendment means a change, addition, correction or alteration to the current Constitution. The reason our Constitution has amendments is because our country is constantly...
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...The constitution of Bangladesh has so far been amended sixteen times. These amendments and and numerous proclamation orders have been responsible for bringing in profound changes in the original character of the document. The first, second, third and fourth amendments were made by AWAMI league government of seikh mujibur rahaman, the fifth through martial law regulations and the Bangladesh national party, sixth by BNP, 7th, 8th, 9th and 10th by JATIYA party, 11th, 12th, 13 and 14th by BNP. The 15TH and 16th amended by AWAMI league. The major amendments are as follow: First Amendment The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the Constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. A new Article 47A was also inserted, making certain fundamental rights inapplicable in those cases. Second Amendment The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act: amended Articles 26, 63, 72 and 142 of the Constitution; replaced Article 33; and inserted a new part (Part IXA). Provision was made through this amendment for the suspension of certain fundamental rights of citizens during an emergency. Third Amendment The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. This amendment altered Article 2 of the Constitution to give...
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... | | |College of Humanities | | |HIS/301 Version 6 | | |U.S. Constitution | Copyright © 2012, 2010, 2008, 2006, 2005, 2004, 2003, 2002, 2000, 1997, 1994 by University of Phoenix. All rights reserved. Course Description This course is an introduction to the historical, political, philosophical, and economic roots of the U.S. Constitution. It first reviews the philosophical arguments of the Federalists and the Anti-Federalists, those that supported and opposed ratification of the Constitution. The course then examines milestone Supreme Court decisions and the Court’s evolving interpretations of the Constitution. This course focuses on the first ten amendments of the Constitution, known as the Bill of Rights, and the issues of slavery and civil rights as seen through major court decisions. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document...
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...Guide Anatomy of the Constitution Time Needed: One class period Materials Needed: Student worksheets Copy Instructions: Preamble Activity Half Sheet (class set, divided) Student packet (three pages double-sided; class set) Preamble (Transparency) Whose Job Is It? (Transparency) Foldable Activity (class set) Learning Objectives. Students will be able to: explain the structure, function, and powers of the U.S. government as established in the Constitution identify the roles of the three branches of government describe the constitutional amendment process interpret the intentions of the Preamble of the Constitution. STEP BY STEP 1) ANTICIPATE by asking students where the government gets it’s instructions. How does Congress, the President, or federal judges know what to do? Give students a moment to think, then randomly call on students to share their thoughts. 2) DISTRIBUTE one reading packet to each student. 3) READ through the first two paragraphs on page one with the class. 4) DISPLAY the transparency, Breaking it Down: The Preamble and explain the statement, phrase by phrase. The students should add the annotations to their reading. Also note that people living in the 1700s had different rules about capitalization than we do today. 5) READ the rest of page one, continuing through page three with the class. Explain that you will go into greater detail on the amendment process on the next page. 6) READ the information about the amendment process on page four...
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...13, 2013 SHORT TITLE: FREEDOM OF SPEECH Freedom of Speech FIRST AMENDMENT PROTECTIONS Unit 2 Assignment Jerry Coleman LS305 Constitutional Law Prof. Judge J. Kent Kaplan University January 10, 2014 FREEDOM OF SPEECH FIRST AMENDMENT PROTECTIONS BY JERRY COLEMAN JANUARY 10, 2014 INDEX 1. COVER PAGE 2. TITLE PAGE 3. INDEX 4. PURPOSE 5. THEORY 6. FREEDOM OF SPEECH: UNALIENABLE RIGHT? 7. HISTORICAL PERSPECTIVE 8. CASE LAW 9. CURRENT LEGISLATION AND ITS EFFECT ON THE FIRST AMENDMENT 10. CONCLUSION’ 11. REFERENCES PURPOSE The purpose of this paper is to examine, limitedly, the incursion, by Congressional Acts, Judicial Interpretation via case law, and Executive Order of the First Amendment Protections of Free Speech of The Constitution of The United States. THEORY The Bill of Rights are the Foundation of the UNALIENABLE RIGHTS OF THE PEOPLE, in theory and original intent of the Framers, which neither the Federal Government nor the States may repose from the People. Neither shall the Judiciary. However, given to logical consideration, as applied by the Marshall Court, the Courts have Judicial Review Authority, rendering them, if not the best locale, definitely the most appropriate, for interpretation of the Rights thusly enumerated in The Constitution’s Bill of Rights (Amendments One thru Ten, specifically One thru Eight). However, it must needs be stated that Judicial Review...
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...“Amendment of Bangladesh Constitution and Basic Structure Doctrine” 25. Nov, 2010 Introduction: The Constitution of Bangladesh is the highest ruling of Bangladesh. It represents Bangladesh as a democratic republic nation where all the power is in the hands of Bangladeshi people[1] and characterizes basic political principles of the state and stands for the fundamental rights of citizens. It was approved by the Assembly of Bangladesh on November 4, 1972; it was exercised from December 16, 1972. The constitution stands as the most powerful evidence to state Bangladesh as a unitary, independent and Republic, founded on a struggle for national liberation, and that is how we achieve the People’s Republic of Bangladesh. It lays a strong foundation of nationalism, secularity, democracy and socialism as the essential ethics that stands for the Republic and declares the quest of a society that gives its citizens- the rule of law, fundamental civil rights and independence as well as fairness and evenhandedness, political, economic and social. The Constitution of Bangladesh was written by international personals and other experienced people. However, amendments during socialist one party and military rule in Bangladesh drastically changed the material and moderate democratic character of the constitution. In August, 2005, the Bangladesh High Court approved a pointer finding that states constitutional amendments in military ruling as unlawful and also unconstitutional, so completely invalid...
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...issue, the United States Constitution was drafted and implemented across the territories. After the constitution was created, there was immediate pressure from anti-federalists who opposed constitutional ratification. This then gave birth to the Bill of Rights, which was to set limits on the government’s actions in regard to personal liberties. The Bill of rights is a collective name for the first 10 amendments to the United States Constitution. It was introduced by James Madison before the 1st United States Congress and then proposed to congress in September 25, 1789. The amendments were ratified on December 15, 1791 by congress. There originally were twelve amendments proposed, but only ten amendments made the final cut. Over time, amendments had been added totaling twenty-seven. The 10 amendments guaranteed a list of personal freedoms, reserving some powers to the states and public. They also put a limit to the government’s power in judicial and any other proceedings. The 10 original amendments are (1st) Freedom of speech, religion, and right to petition, (2nd) Right to bear arms, (3rd) Protection against quartering troops, (4th) Protection against unreasonable search and seizure, (5th) Rights in criminal cases, (6th) Right to a fair trial, (7th) Rights in civil cases, (8th) Bail, fines, and punishments, (9th) Rights retained by the people, and (10th) states’ rights. The basis and foundation of our criminal justice system are these 10 amendments. They keep structure and...
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...Beatrice Walker HIS/301 Professor Lopez-Schermer June 10, 2013 Our four fathers as a way of check and balances created the Constitution. They believed that a strong federal government was needed for the country to survive. The constitution is the base for all laws in the United States. It’s the highest law in the United States. The constitution can be changed, when it’s changed it’s called and amendment. Among the amendments are the bill of rights and the reconstruction amendments. In this paper I will discuss how and why amendments become part of the constitution, what were some problems with the original document that motivated the adoption of the bill of rights, the effects of the bill of rights and the reconstruction amendments and their effects. How and why do amendments become part of the constitution? When the constitution was written, the Framers knew that the constitution would and could be amended. Article V of the constitution tells how an amendment can become a part of the constitution. It takes two steps to add an amendment to the constitution. The first step is the proposal. An amendment can be proposed by either two-thirds vote in congress, which includes both the House of Representatives and the Senate. The second step is ratification; the amendment has to be ratified by wither three-fourths of the state legislatures or by state conventions in three-fourths of the states. An amendment can only be ratified after two-thirds of the House and...
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...THE CONSTITUTION OF SWAZILAND STATUTORY INSTRUMENTS 1968 No. 1377 AFRICA THE SWAZILAND INDEPENDENCE ORDER, 1968 Made 26th August 1968 Laid before Parliament 30th August 1968 Coming into Operation Immediately before 6th September 1968 At the Court at Balmoral, the 26th day of August 1968 Present, The Queen’s Most Excellent Majesty in Council Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act 1890 (a) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:— Explanatory Notes on the constitution of the Constitution. 1. The Constitution of Swaziland Act, No. 50 of 1968c came into force on the 12th September, 1968 and was abrogated on the12th April 1973 by a legislative instrument called the King’s Proclamation to the Nation, 1973. Section 3A of the Kings Proclamation to the Nation reads — “The Constitution of the Kingdom of Swaziland which commenced on the 6th September, 1968 is hereby repealed”. 2. The King’s Proclamation to the Nation contained thirteen (13) Decrees (confusingly sometimes referred to as “paragraphs”) and numbers 3, 4, 5, 6, 7, 8, and 10 declared or decreed that certain sections, Parts and Chapters of the “repealed Constitution” shall again apply, come into force, operate with full force and effect and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary...
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...Analysis of the Fifth Amendment Katrina Krolak, Katia Denis and Dan Mullen The University of Phoenix U.S. Constitution HIS 301 Georgia Mc Millen March 17, 2008 Introduction The Fifth Amendment provides for certain personal protections including the right to avoid self-incrimination and the potential for criminal convictions based on double jeopardy. The analysis of the Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference. The Fifth Amendment “No person 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.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page 1). The bill of rights was ratified on December 15, 1791 (Karnis Landy & Milkis, 2004, page 16). The ten amendments in the bill of rights were intended to limit the control of the new government on personal freedoms. The Fifth Amendment specifically protects the citizen from self-incrimination...
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...An assignment on 15th amendment of the Bangladesh constitution. The 15th amendment of the Bangladesh constitution is perhaps the most debatable one in the post democratic era that follows the 1990 public upsurge against autocracy. The often pronounced justifications offered for this amendment is the ‘needs’ for returning to the spirit and contents of the founding constitution of 1972 of Bangladesh. Yet the 15th amendment rather accommodates some of the changes brought out by the 5th and 7th amendments, both made by the Martial Law regime and recently declared illegal and unconstitutional by the apex court of the country. 15th amendment, like most of the previous amendments, also largely failed to reflect comparative constitutional studies. Such study is considered essential for learning the experiences of constitutionalism in relevant jurisprudences and borrowing or adapting them in amending a nation’s own constitution. Although the 1972 constitution of Bangladesh was indigenous in part, the 1972 Constituent Assembly (led by Bangabandhu Sheikh Mujibur Rahman) enriched our constitution by the same process of borrowing and/or adapting from models and concepts of foreign constitutions. For example: collective responsibility of ministers to Parliament and functions of parliamentary committees were taken from UK system, the concept of fundamental principle of state policy from India and Ireland, the provisions of human rights and Judicial review from US constitutional jurisprudence...
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...of Rights and Amendments Paper Bill of Rights and Amendments Paper On September 17th, 1789 The United States Constitution was ratified and made law. The founders of United States Constitution had the foresight to give the constitution a way to grow and adapt with America’s needs, by including an amendment process to change or add to the rights of Americans. The amendment process has allowed America to continue growth and prosperity throughout the years and become one of the most powerful nations in the world. The amendment process will be covered in this paper along with the. The author of this paper will also look at later amendments to the constitution with an emphasis on amendments 13, 14 and 15 and the effects they had on America culture and society. The Purpose of Amendments The constitution was created with an amendment process in Article V to allow the document to adapt to changes in American society. According to article V of the Constitution an amendment can be passed by either a two-thirds vote in the House of Representatives and the Senate or by a convention where two-thirds of the legislatures meet over an amendment. After the Amendment is approved in the convention process it must then be ratified by 75% of the state legislatures (UMKC School of Law, 2013). Without the Amendment process the United States would have been bound by the same rules that applied back in the late 1700’s. The Amendment process has made it possible for the Constitution to change rather...
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...United States Constitution is the supreme law of the land. The very first 3 articles of the Constitution make the rules and separates each of the three branches of government. They are the legislative, executive and judiciary branches. This constitution was created on September 17, 1787 in Philadelphia, Pennsylvania. It took two years before becoming effective on March 4, 1789. The United States Constitution can be changed through the amendment process. The first ten amendments are known as the Bill of Rights. The First Amendment guarantees citizens the right to practice whatever religion they choose. Therefore, the government cannot interfere in an individual’s freedom of worship. This is an example of an individual's liberty from the government. Civil rights are the positive actions the government should take to make all Americans equal. Civil rights, specified in the 14th Amendment is also in the Bill of Rights. The question is; do we need the U.S Constitution to protect our civil rights and liberties? The Bill of Rights in the Constitution is provided in Article 5. With the Bill of Rights our liberties are protected. These ten amendments are laws that gives each individual the same law to follow. Without the Bill of Rights in the Constitution, the government cannot be trusted with our given rights. If the government could be trusted, the First Amendment wouldn’t be based on what the government cannot do because we have freedom; it is said right in the Constitution. With the...
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... The Bill of Rights are rights protected against the government only. They are certain basic rights of the people. They are civil rights and civil liberties that people have to obey because of the Amendments that were introduced by James Madison which makes The Bill of Rights very important and is part of American history. The Amendments are basically clauses that initiate some kind of protection for citizens here in the United States. James Madison became one of the leaders in the movement to ratify it. James Madison also became the leader in the new House of Representatives drafting many basic laws. He is called the “Father of the Bill of Rights” by writing the constitution Bill of Rights because he claimed that he had to help out the people. The Bill of Right plays a key role in the American law and government and remains vital symbols of the freedoms and culture of the nation. It was also writing for the personal freedoms limited the government power in judicial and other and some power to the states and the public. The Bill of Rights is an essential tool used by the justice and security system and plays in the fourteenth amendment it was a role in these system. The Due Process was found in the Bill of Rights in the fourteenth amendment. The Due Process Law was actually back in the 1700’s and it included among the restrictions on power to which King John acceded in the Magna Carta. It is also said that “No free man shall be seized or...
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