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Notes on video lecture:
The Bill of Rights
Notes taken by Edward Tanguay on December 6, 2014 (go to class or lectures)
Choose from these words to fill the blanks below:
bursts, missing, homesick, Progressive, Madison, modern, actors, Federalists, process, worried, changed, states, some, recommendation, attainder, listed, limited, today, Reconstruction, amendments, 1788, tyrant, 10, mundane, branches, unfair, facto, Mason, federal, degree, Englishmen, dangerous, power, twelve
Constitution was written in 1787 and ratified in
but that Constitution, the Founders constitution, isn't the one we live under
in part because of Supreme Court decisions on
how judges should apply old constitutional provisions to circumstances is a difficult question
the words of the Constitution are through amendments
our history with amendments has not been one of slow and steady change, but of activity, such as these three:
1. The Bill of Rights
the first amendments
2. The Amendments
followed the Civil War
3. The Era Amendments
Bill of Rights
the original Constitution was what we often think about most when we think of the Constitution: individual rights
the original constitution has protections for individuals
government cannot create ex post laws
no bills of
declaring someone guilty of a crime while denying that person due of law
but these are
lack of protections for individual was not because people were not concerned about them
the Americans had fought a war arguing that their rights as had been taken away
the reason the Constitutional Convention didn't add a set of individual rights to the original Constitution is a bit
they were getting
they ran out of time
every state already had a bill of rights to some
two groups
George Washington
Alexander Hamilton
James
pro-constitution
a strong national government that would have over the states
will protect us from other countries but also from the small-mindedness of state governments
make sure that states don't do anything to individuals
Anti-Federalists
Thomas Jefferson
George
Patrick Henry
argued that we needed a Bill of Rights
Federalists responded that government only had limited powers anyway and couldn't invade individual rights
other argued that a Bill of Rights would be
the government could claim that individuals had no rights other than the ones
ratifying the Constitution
5 states ratified
Massachusetts ratified with the that a Bill of Rights be added
4 of next 5 states do the same
so when Constitution does get ratified, the Bill of Rights is one of the first things congress does
draft a list of amendments
send them out to the states
there were
two didn't make it
the ten that did are now what we call the Bill of Rights
to understand the Bill of Rights, you can ask three questions:
1. what were the drafters about?
worried about the federal government
worried it would become a like King George did
2. how did they try to protect us?
gave government limited powers and divided these powers among the of government
gave individuals certain rights, this is what the Bill of Rights does
protects certain activities against interference from certain , usually the government
also protected state power
the important thing to remember about the Bill of Rights is that is applies only to the government
the drafters were not worried about what the states would do to their own citizens
in their minds, states were good and well-meaning
3. how has their solution worked out hundreds of years later?
the Framers thought we would have standing up against the federal government, but instead we have seen individuals stand up against states
corrected:
admendments
amendments
Massasschusettes
Massachusetts
Ideas and Concepts:
On the succinct writing style of the Bill of Rights, via tonight's Key Constitutional Concepts and Supreme Court Cases class: "The Bill of Rights was written in very crisp and compact language so that ordinary people could actually memorize it, the same way that people at that time memorized Scripture passages or memorized a favorite song. It was written to get into your head. It was purposely not written in legalese, precisely because it's a text from the people, for the people, addressed to the people."