The Enduring Constitution: A Document for All Time

1. Section 2 at a Glance An Enduring Document • The Constitution is an enduring document that has the ability to grow and change over time. • The Constitution includes a formal process for adding amendments to the Constitution. • The Constitution has been amended 27 times. The first 10 amendments are known as the Bill of Rights.

2. An Enduring Document Main Idea The Constitution is both a product of its time and a document for all time. It can be changed as society’s needs change. Reading Focus • How did Jefferson and Madison differ in their views on amending the Constitution? • Why might the Constitution be called a document for all time? • By what processes can the Constitution be amended? • What types of amendments have been added to the Constitution over the last 220 years?

3. A Constitution for All Generations

4. Jefferson and Madison on Amending the Constitution Madison’s views • Madison felt laws and constitutions grow in authority and acceptance the longer they go unchanged • Worried that changing Constitution too often could split the country into factions • Feared sectional rivalry would leave the nation prey to foreign powers and influence • Madison feared periods of chaos might occur between periods of revision Jefferson’s views • Jefferson felt Constitution should not be changed on a whim but could be changed as society and circumstances changed • Believed in each generation as “a distinct nation,” with the right to govern itself but not to bind succeeding generations • Jefferson made his arguments in exchange of letters with fellow Virginian James Madison

5. Reading Check Summarizing Why was Madison opposed to frequent changes to the Constitution?

6. Reading Check Summarizing Why was Madison opposed to frequent changes to the Constitution? Answer(s): He felt that the Constitution would gain authority the longer it went unchanged and that changing it too often could split the country into factions.

7. A Document for All Time • Original Constitution a product of its time — Reflects wisdom and biases of the Framers; relatively few changes in over 220 years — Survived the Civil War, presidential assassinations, and economic crises to become world’s oldest written constitution • Original document not perfect — Perpetuated injustices with compromises permitting slavery and the slave trade — States given power to set qualifications for voting; women, nonwhites, and poor people denied right to vote — Decisions reflected societal attitudes of the times • Ability to incorporate changing ideas of freedom and liberty keeps document relevant to each new generation since 1789

8. Reading Check Drawing Conclusions What makes the U.S. Constitution an enduring document?

9. Reading Check Drawing Conclusions What makes the U.S. Constitution an enduring document? Answer(s): It has lasted for more than 220 years with few changes.

10. The Amendment Process • Gives Americans the power to change the Constitution • Is difficult in order to prevent momentary passions and prejudices of the majority from violating the rights of the rest of the citizens • Might threaten the democratic structure of the government Article V • Describes process for amending the Constitution • States that amendments must first be proposed, then ratified, or approved • Provides two ways of proposing and two ways of ratifying Different paths • Two-step process required ratification by the states and so restricted power of Congress to change the Constitution • Ensured that any change would reflect national will • Supported principle of popular sovereignty

11. Supermajority required • Each step in process requires supermajority—a majority that is larger than a simple majority • Difficult process would weed out frivolous amendments Proposing an Amendment Two ways can be proposed: • by Congress, with the approval of at least two-thirds of the House and two-thirds of the Senate • by delegates at a national convention that is called by Congress at the request of at least two-thirds of the state legislatures Facts • All of the amendments to the Constitution have been proposed by Congress • Required number of states for a national convention has been nearly reached twice • Convention supporters have never persuaded the last few needed states

12. Ratifying an Amendment • Congress sends proposed amendment to 50 states for ratification; states can ratify in two ways—Congress determines which way is to be used • To be voted on by state legislatures; at least three-fourths of state legislatures must approve an amendment • Citizens elect delegates to conventions called in each state specifically to consider the amendment; passage requires approval by conventions in at least three-fourths of the states. Issues of convention • Wording of Article V does not specify if convention is limited to proposing only the amendment it was called to consider • Nonspecific wording could allow rest of Constitution to be opened for reconsideration and change • Problem—convention could propose amendment to repeal First or Fourteenth Amendments that provide foundation for many rights enjoyed today • Method of national convention has remained unused

14. Rise and fall of prohibition Reformers • 1800s and early 1900s: WCTU and Prohibition Party campaigned to outlaw alcoholic beverages • Argued drinking alcohol led to idleness, violence, and increase in crime Example • Passage and repeal of amendment on prohibition good example of ratification methods • Prohibition—ban on production, transportation, and sale of alcoholic beverages Eighteenth Amendment • 1917: Responding to public demand, Congress proposed amendment • 1919: Enough state legislatures had ratified the proposal to make it the Eighteenth Amendment; but drinking alcohol not banned Prohibition unpopular • Lucrative trade in illegal alcohol; led to organized crime, political corruption, and violence • Groups of citizens led movement for reform; used many of same arguments

16. The Fate of Amendments • Changing the Constitution difficult • More than 10,000 attempts have been suggested or proposed • Only 33 amendments have been passed by Congress and sent to states for ratification • 27 amendments have been adopted • 6 have been rejected Twenty-first Amendment • Congress responded to new reform movement • Proposed to repeal prohibition and to give states power to regulate transportation and distribution of alcoholic beverages • To repeal a law—to cancel or revoke it by a legislative act • Only time method of ratification by state conventions of delegates elected specifically to vote on the issue used • 36 states ratified within the year; Amendment XVIII was repealed by Amendment XXI

18. Reading Check Summarizing What are the four ways of amending the Constitution?

19. Reading Check Summarizing What are the four ways of amending the Constitution? Answer(s): proposed by Congress and ratified by state legislatures; proposed by Congress and ratified by state conventions; proposed by national convention and ratified by Congress; proposed by national convention and ratified by state conventions.

20. More than 200 Years of Amendments • Process of adding to the Constitution began with the first ten amendments—the Bill of Rights; 17 more amendments added • Identify, support, and protect some of most important rights The Bill of Rights • Designed to protect specific individual freedoms • Various states offered up a total of 210 suggestions for amendments • 12 amendments drafted; Congress passed them and sent on to states • 10 of the 12 amendments were ratified; Bill of Rights adopted 1791 First Amendment • Restrictive; declares what federal government may not do • Intended to guarantee individual’s exercise of certain basic freedoms • First Amendment—right to practice religion freely, protects freedom of expression, and the right to ask the government to correct injustices

21. The Other Amendments • After Civil War amendments passed to ban slavery, to recognize all African Americans as U.S. citizens, and to give African American men various rights, including the right to vote • Not often enforced from 1877 to 1965 in the South; Jim Crow laws put into effect • Vigorous social reform; prohibition came and went • Popular election of senators; women granted right to vote • Constitution provides stable, flexible government Amendment Guarantees • 2nd gives right to bear arms • 3rd prohibits government from forcing citizens to quarter, or shelter, military troops in their homes • 4th protects individuals against unreasonable searches and seizures of private property • 5th and 6th guarantee due process of law; no self-incrimination; right to a speedy trial and the right to an attorney • 7th through 10th protect rights or powers that belong to the states and to the people

22. Reading Check Summarizing What are the five issues that constitutional amendments have addressed?

23. Reading Check Summarizing What are the five issues that constitutional amendments have addressed? Answer(s): guaranteeing basic personal freedoms and rights; states’ rights; status of African Americans; social issues: political issues