...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 Senate approve of the proposal and send it to the states for a vote and then three-fourths of the states must affirm the proposed amendment. Congress has set a term of seven years for ratification. The second...
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...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 and take the students through the various paths to the addition of an amendment to the Constitution. 7) DISTRIBUTE the tent foldable activity page and show the class how to fold it correctly. 8) PROJECT the Whose Job Is It ? Active Review Transparency, revealing one at a time. 9) ASK students to show the correct branch on their tent and note the correct...
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...means being able to hit your target. If I have a 'hot button' issue, this is definitely it. Don't even think about taking my guns. My rights are not negotiable, and I am totally unwilling to compromise when it comes to the Second Amendment” (Badnarik, 2014). Is Gun Control the management of firearms that will help reduce the criminals from using these weapons? The Gun Control Act of 1968 became the primary federal law regulating firearms. The citizens began feeling that this act was due to the violence and assassinations of President John F. Kennedy, Robert Kennedy and the Rev. Martin Luther King Jr. As the country came to grips with the senseless tragedies of these notable people they could not help but think: does this effort really prohibit convicted felons, drug users and the mentally ill from buying guns? And just because this act raised the purchasing age to 21 years old, has it stopped the death of children from guns. In 1993, The Brady Handgun Violence Prevention Act was created; to mandate the prevention of gun sales to people without a background check. And eighteen years after this act being created the Brady Law has had over 156 million background checks with rejection numbers soaring to nearly a million. When looking at these numbers, how does it compare to the tragedies some have faced? In 2007, 294 million firearms were in circulation in the U.S.: further breakdown is 106 million handguns, 105 million rifles, and 83 million shot guns (Frank, 2013). And with...
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...The Constitution of the United States by James Madison, Alexander Hamilton, Benjamin Franklin, George Washington and 35 others With a Side-by-Side Translation in Simple English by ELizabeth Claire, MA TESOL Editor, Easy English NEWS The Constitution in Simple English ©2010 Elizabeth Claire, Inc. 1 A Note from Elizabeth Claire Thank you for your interest in the Constitution. It is the foundation for the government of the United States. The Constitution was written in 1787. This was four years after the U.S. signed a peace treaty with Great Britain. This peace treaty gave the thirteen British colonies their independence. They formed a new country, the United States of America. The men who wrote the Constitution are called our “Founding Fathers.” Some of them were: George Washington, James Madison, Alexander Hamilton, Gouveneur Morris, and Benjamin Franklin. The Founding Fathers took ideas from many places. They took parts from their state constitutions. They took parts of Britain’s Magna Carta. They studied the governments of ancient Greece and Rome. They got ideas from philosophers such as Thomas Hobbes, John Locke, Charles de Montesquieu and Thomas Paine. They used some ideas from Iroquois Indians union of tribes. Cover painting; “The Signing of the Constitution” by Chandler Howard Christie hangs in the House of representatives...Courtesy TeachingAmericanHistory.com 2 The Constitution in Simple English ©2010 Elizabeth Claire, Inc Fifty-five delegates...
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...In 1975 the District of Columbia pass the Firearms Control Regulations Act which prohibited guns at home from being functional firearms and also made it nearly impossible to own a gun. This created conflict with the second amendment in the constitution, which states “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.” It can be seen this law D.C. passed violates the constitution due to citizens not being able to have a functional firearm at their home. This caused the case of District of Columbia v. Heller to arise. Dick Anthony Heller, a police officer in D.C., applied for a one-year license that he would use to own a handgun at his place of residence. He was then denied the license. Heller sued D.C. on the account of not upholding his second amendment right. The district court’s response was it was not valid and it was dismissed. It was appealed by Heller and The U.S. Court of Appeals for the District of Columbia decided that making people have...
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...Roles and Functions of Laws Kevin Ivery Law 421 November 10, 2014 Nikki Chtaini Roles and Functions of Laws As I have learned throughout my years of attending some form of public education, there has always been a governing body that has instituted some type of law that people and business must abide by. Traces of law that has govern authority can be traced all the back to the beginning of time. The functions and the role of law for business and society differ now in the 21st century. With the endorsement of the 10th amendment, Federal and state powers were separated, which lead to the birth of the Commerce and Supremacy Clause were born. Businesses have headquarters located worldwide and perform services at remote locations. The company I work for is no different and must abide by the law set forth by the government. 10th Amendment On December 15, 1971 the ratification of the 10th Amendment of the Constitution was put into place to separate the Federal and State Government. According to "Findlaw" (2014), "The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people." The delegates of that time were assured that the new Federal Government could not enforce powers that they did not have. The Tenth Amendment also assured the State delegates that when needed they would be able to exercise the reserve power that was granted...
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...Extra Credit: Law of the Land As we are taught all through our lives what we can and can’t do our enforced by someone. As children when we make a mistake the law is our parents for example if we steal our parents will punish us whether it be a spanking, standing in the corner, or some other type of punishment. As we become older and gather more liable for our actions our parents may still enforce some punishment and type of law but so will the state we live in. The state that you live also faces something higher and that is the federal government. Overall from the time we take our first step until we die, the ultimate decision maker of the land is the United States Constitution. The United States Constitution is the supreme power of the land. The document which contains some of the oldest laws of the United States was written on September 17, 1787. In the Constitution it contains the rights that each and every citizen of the United States of America are given. In the constitution it also stipulates how the federal and state government is run. In the document there are seven articles that each limits and keeps the government in check. In article one there are ten sections. The article states that congress shall contain a senate and a house of representatives. It also specifies the age, and requirements to become a senator and a representative. The article also stipulates how the bills may start in house but if about raising money must start in the House of Representatives...
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...authorities use to apply criminal laws. The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendment, and the Supremes Court understanding of the constitution are important for the study of criminal procedures (Zalman, 2008). The Federal Rules in criminal procedures ensure citizens’ rights to due process, right to a fair trial, right to equal protection, and right to lie, liberty, and property. Due process and crime control models play a major role in shaping criminal procedures. Both models hold some form of constitutional values required in the society we live in (Zalman, 2008). In this paper I will briefly discuss the similarities and the differences and how they have an effect on criminal procedure policies. Crime control model is known as the “presumption of guilt” model. This model assumes defendants are guilty, police and prosecutors are precise in their choices to arrest, apprehend, and prosecute suspects. As a result, the remaining steps in the criminal procedures become automatic and the investigative stages can be opposed (Zalman, 2008). Defendants are moved swiftly through the criminal justice system because he or he is presumed guilty until proven innocent in the court of law. Due process is based on the adversary law system, which believes an individual is innocent until proven guilty in the court of law. The adversary system prohibits law enforcement officers, attorneys, and judges from acting against a person who has not broken a law. Due process gives all people...
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...Bill of Rights and Amendments Paper Jessica Ruiz HIS/301 April 4, 2013 Ryan Tarr Bill of Rights and Amendments Paper The Constitution is a fundamental law, which describes how a strong government should work (Zink, 2009). The Framers had stated that America’s Constitution was a vast contribution to the governments practice, and offered a new form of government to the United States. The United States Constitution is also known as the ultimate law, which was created by our founding fathers to establish a strong governmental structure, to meet the needs of the people in our nation. The Constitution was created to protect the rights of the people and their freedom by enforcing laws on the individuals who did in fact hold power on a political level. The vision of the Framers of an appropriate government for American’s was incorporated in the Constitution known as the Bill of Rights. Amendments becoming part of the Constitution In the Constitution Article V reads, that there are two ways for an amendment to become a part of the United States Constitution. The first way is with a two third vote in both houses of Congress the House of Representatives and the Senate. Today the most common used method of the amendment process is the first way by having the Representatives and Senate vote. The second way is a convention that has been set up by two thirds of the state’s legislatures followed by ratification for the amendment (Patterson, 2009). The ratification process is...
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...A topic that has been hotly debated over the years and has become highly controversial is the second amendment to the constitution and its importance. The Second Amendment states that, “a well regulated militia, being necessary to the security of a free state, the right of the people to bear arms, shall not be infringed.” The interpretation of the “right of the people” shows that it protects the individual rights of the citizens to own guns. The second amendment is widely considered to be the most important amendment in the constitution for several reasons. It bestows the citizens with protection, defense, and it establishes greater hegemony for the nation as a whole. The second amendment grants protection to all law biding citizens. It protects them from criminals and even from the government. Owning a gun allows citizens to protect their property and themselves. For example, if a criminal knew for a fact that a certain house or a certain neighborhood had guns then he would surely think twice before breaking in or vandalizing their property. The second amendment gives the citizens protection with guns and therefore it discourages criminals from attacking the innocent. According to firearms expert Neil Schulman, firearms are the most effective way to protect your home from common criminals. As long as you learn how to use guns safely and take precautions to keep them out of the irresponsible hands of criminals, then the guns makes your home safer and could potentially save...
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...How does a bill become a law? A bill becomes a law from a developed idea from a legislator, either a Representative or a Senator who decides to actually sponsor the bill. The Idea could be original or suggestions from a constituent, interest group, public official, or the Governor. Different lawmakers may be asked to join as a co-sponsor even if they are not of the same political party of the sponsor. Then the bill is drafted ad during that time, the nonpartisan Legislative Services Agency provides research as well as drafting assistance (How a Bill Becomes Law, 2003). After the idea is created the bill becomes introduced and a senator or a representative sends the bill, after introduced, to the clerk of the House or senate. This clerk then gives the bill a number as well as a title and then shifts it to the appropriate committee. The next step is for the committee to review and vote on the bill. The committee specializes in different areas and some of those areas are foreign relations or even agriculture as well as being made up of small groups of senators or representatives. After they discuss the disadvantages and the merits of the bill at a public hearing the committee may reject the bill and become tabled, meaning it is never discussed again. Or it may hold hearings to listen to facts and opinions make changes in the bill and cast votes. If most committee members vote in favor of the bill, it is sent back to the Senate and the House for debate (How a Bill Becomes Law...
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...stricter laws.The passing of new laws and regulations need to happen. Background checks can help reduce the number of criminals and mentally ill from acquiring guns. Furthermore, a ban on high-capacity guns should also happen. Regulate places in where people can buy and sell guns. But, others do not want not more laws to restrict them access to sport or self-defense. Also, since the right to bear arms is guaranteed by the Second Amendment. Existing laws has not stopped a curtain of problems with the current status of gun violence. The government needs to create stricter guns laws and regulations. A lot has happened since creation of the second amendment. The second Amendment was created to secure the people from tyrannical rule, and if it did happen the people could defend themselves(Heston). The...
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...Bill of Rights and Amendments Tahitia G. Brown HIS/301 May 17, 2012 Abeba Salter-Woods Bill of Rights and Amendments The original United States Constitution was ratified in 1787. However the current document by which all laws are governed was confirmed and made into law on September 17th of 1789. This document enabled the people some control over government, which was created not only for them by also by the said people. The Founding Fathers wrote the Constitution in a manner, that the text could evolve and mature just as the persons for which it was written. This paper will detail how and why amendments become a part of the constitution, problems which have arisen due to the original document motivating the adoption of the Bill of Rights and their effects. Further listing other issues arising, due to changes in society which have led to amendments thirteen, fourteen, and fifteen, and their affects (University of Phoenix, 2010). Amendments In Article V of the Constitution an amendment process was adopted to ensure that as changes in society occur, so should the document by which all inalienable rights and freedoms are explained in depth. The aforementioned article stipulates the ways in which the Constitution may be amended. The first is by a two-thirds vote from both the House and Representatives and the Senate and 38 of the 50 states must ratify the proposed amendment, which has been the only manner in which all...
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...authority to amend the Constitution of the United States is from Article V of the Constitution. When Congress proposes amendment, the Archivist of the United States, heads the National Archives and Records Administration, has the responsibility for administering the ratification under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor section 106b describes the ratification process. The Archivist and the Director of the Federal Register follow procedures and customs made by the Secretary of State, who performed these duties until 1950, and the Administrator of General Services, who served in this capacity until National Archives and Records Administration assumed responsibility as an independent agency in 1985 (The U.S. National Archives and Records Administration, 2012). The Constitution provides that an amendment can be proposed either by the Congress with a two-thirds majority vote in both House of Representatives and the Senate or by constitutional convention called for two-thirds of the State legislatures. None of the amendments of the Constitution have been proposed by constitutional convention. The Congress proposes an amendment as a resolution. The President does not have a constitutional role in the amendment process and the joint resolution does not go to the White House to be signed or approved. The original document is forward...
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...in Philadelphia in 1787 since this was when the supreme law of the United States was signed into action. This happening brought about the conclusion of an era in which the federal government was too weak and was replaced with one known driven by The Constitution, a piece of legislation that was adequate and fulfilled the needs of this newly formed country. As a prolonged and arduous war ended against one of the world’s greatest superpowers, the Continental Congress of the United States of America began drafting its first constitution in mid-1776, they became known as the “Articles of Confederation.” Less than a decade later an uprising led by Daniel Shays, a former revolutionary, arose when the people became discontent with the current conditions the country was in and blamed their dissatisfaction on the government. (Curtis) These farmers were in poor and in debt, and although the rebellion was swiftly crushed, it demonstrated how powerless the government really was and proved that imperative action was necessary to rectify the issues that were currently afflicting the young nation. The fact that the Articles of Confederation failed was actually a positive outcome, since it was held in place for 10 years it served as a good guideline for what was needed. It was a big risk since they had no idea if it was going to work out, but the founding fathers then went forward to draft a constitution that has served as the law for the last 200 years. This new constitution made the federal...
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