40 to 50 minutes what’s not in the bill of rights · 2020. 5. 5. · handout 2 what’s not in...

Developed by Annette Boyd Pitts, Executive Director, The Florida Law Related Education Association Inc. Copyright 2013.

What’s Not in the Bill of Rights Topics addressed

P Overview of the U.S. ConstitutionP The Bill of RightsP Constitutional amendment process

Time needed: 40 to 50 minutes or less if modified

Overview: Participants will be introduced to the first 10 amendments to the U.S. Constitution and the process for amending the Constitution. Participants will con-sider proposing a 28th amendment to the U.S. Constitution. This is a great presen-tation for Constitution Week.

Group size: Intended for adult civic/nonpartisan groups and may be implemented in a variety of settings including dinner meetings for groups of varying sizes. While a group of 30 is ideal, this presentation can be given with much larger groups.

Materials needed: PowerPoint Chart paper Small red sticky dots (two per group) Paper for participants to write at tables Handouts (1-4)

Equipment: Computer for PowerPoint, projector and screen. Contact your event coordinator. Bring web-based materials on a flash drive or have Internet access on site. Materials are available at www.floridabar.org/judicialindependence. Preparation: Review presenter’s guide of “What to Do and Not to Do.” Review and become familiar with the PowerPoint and handouts so you can

breeze through the slides without reading. Make copies of handouts for distribution.

Getting Started: As participants are being seated, ask them to list on the paper at their tables five rights that everyone has in this country.

40 to 50 minutes required

Needed:Laptop and projector for PowerPoint

Warm-up activity:

Name 5 rights we have in the United States

5 minutes

Begin presentation

Review purpose for

Constitution and Bill of Rights

Once the presentation begins and everyone is seated, make sure everyone in the audience has completed this warm up exercise. Show screen two of the Power-Point and discuss generally what is included in a constitution. Expand upon the purposes of a constitution and how/why the U.S. Constitution was developed.

The amendments: Focus on the amendments to the U.S. Constitution. Ask how many rights are in the Bill of Rights. Appropriate answers should be the first 10 amendments to the U.S. Constitution. Let participants know that although today we know the Bill of Rights as the first 10 amendments to the U.S. Constitution, there were actually 12 amendments proposed to be included in the Bill of Rights. The Bill of Rights was later added as a compromise to ensure the U.S. Constitution would be ratified.

Handout 1: Without discussing the rights in the Bill of Rights yet, distribute Hand-out 1 and ask participants to review the 12 proposed amendments to be included in the Bill of Rights. Individually, ask participants to determine which 10 amend-ments were approved originally to be included in the Bill of Rights. Ask participants to work independently and place a check mark by each amendment they think is in the Bill of Rights today.

Small group exercise: In groups of five have participants review their responses and agree as a group on the 10 rights in the Bill of Rights. Allow five to ten min-utes. While the groups are working, post chart paper with the 12 rights listed. At the conclusion of the group work, hand out two red dots per small group. When everyone has finished, each group should place their red dots on the chart paper next to the two amendments (one dot per amendment) that they believe are not included in the Bill of Rights. (Do not allow participants to examine the Bill of Rights before or during this activity!)

Handout 2: After all groups have placed their dots on the two rights they believe are not included in the Bill of Rights, discuss with participants their decisions. Distribute pocket Constitutions (or Handout 2) and highlight the ratified/approved amendments that were included in the Bill of Rights. Highlight the two amend-ments that were not ratified to be in the Bill of Rights. The PowerPoint provides details on their fate.

Amending the Constitution: Briefly review the process for amending the U.S. Constitution. Ask if it should be easy or difficult to change the Constitution. Empha-size that the U.S. Constitution has existed for more than 220 years.

Full group discussion: Proceed to the Thumbs Up or Thumbs Down component of the PowerPoint. Introduce this section by telling participants that more than 10,000 proposals to amend the U.S. Constitution have been introduced since its inception. Announce each proposed amendment that appears in the PowerPoint and ask participants to consider if the proposal passed and is in the U.S. Constitu-tion or if it failed and is not. (Note to presenter: All of the examples used failed so the correct answer would be Thumbs Down for all proposals in the PowerPoint. You can add others as well.) Let participants know that while approximately 10,000 amendments have been introduced, far less than 1 percent of them have been approved/ratified.

Handout 1: Which 10

of these 12 amendments were ratified?

Have audience answer first

individually then in small groups

Highlight the 2 amendments not included using

chart paper and red dots

Allow 5 minutes

Handout 2Review the

first 10 ratified amendments

Reviewprocess for amending

Constitution

Thumbs up or thumbs down?

Which of these proposed

amendments did not pass?

Have full group give a thumbs up or thumbs down

Handouts 3 and 4: Distribute copies of the Constitution Outline (Handout 3) and Constitutional Amendment Proposal Form (Handout 4). Participants should reas-semble in their original small groups and work together to review the amendments to the U.S. Constitution.

28th Amendment: Each small group should brainstorm ideas they think should be included in the U.S. Constitution today and develop the wording for an amendment using the form provided.

Time for a vote: Have participants present some of their proposals to the full group. The full group can vote to approve or reject each proposal.

Debrief with the full group.

For additional information, contact Annette Boyd Pitts, at [email protected]. Permission is granted for Bar members to use this activity for educational presen-tations. Benchmark activities are available to be downloaded from The Florida Bar at www.floridabar.org/judicialindependence.

Handouts 3 and 4

In small groups review the 27 amendments to the U.S.

Constitution

Have each group come

up with a 28th

amendment

28?Debrief

proposals

VoteFull group can vote to accept or

reject each amendment

Handout 1

What’s Not in the Bill of Rights?

Directions: Identify the 10 amendments (from the 12 listed) that you believe were ratified

and included in the Bill of Rights. Put a check mark by each of the 10 selected

amendments. The list has been rearranged and is not in any specific order.

Amendment A

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual

punishments inflicted.

Amendment B

The powers not delegated to the United States by the Constitution, nor prohibited by it

to the States, are reserved to the States respectively, or to the people.

Amendment C

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.

Amendment D

The right of the people to be secure in their persons, houses, papers, and effects,

against unreasonable searches and seizures, shall not be violated, and no Warrants shall

issue, but upon probable cause, supported by Oath or affirmation, and particularly

describing the place to be searched, and the persons or things to be seized.

Amendment E

No law, varying the compensation for the services of the Senators and Representatives,

shall take effect, until an election of Representatives shall have intervened.

Amendment F

The enumeration in the Constitution, of certain rights, shall not be construed to deny or

disparage others retained by the people.

Amendment G

Congress shall make no law respecting an establishment of religion, or prohibiting the

free exercise thereof; or abridging the freedom of speech, or of the press; or the right of

the people peaceably to assemble, and to petition the Government for a redress of

grievances.

Amendment H

No Soldier shall, in time of peace be quartered in any house, without the consent of the

Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment I

In Suits at common law, where the value in controversy shall exceed twenty dollars, the

right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise

re-examined in any Court of the United States, than according to the rules of the

common law.

Amendment J

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public

trial, by an impartial jury of the State and district wherein the crime shall have been

committed, which district shall have been previously ascertained by law, and to be

informed of the nature and cause of the accusation; to be confronted with the witnesses

against him; to have compulsory process for obtaining witnesses in his favor, and to

have the Assistance of Counsel for his defence.

Amendment K

After the first enumeration required by the first Article of the Constitution, there shall be

one Representative for every thirty thousand, until the number shall amount to one

hundred, after which, the proportion shall be so regulated by Congress, that there shall

be not less than one hundred Representatives, nor less than one Representative for

every forty thousand persons, until the number of Representatives shall amount to two

hundred, after which the proportion shall be so regulated by Congress, that there shall

not be less than two hundred Representatives, nor more than one Representative for

every fifty thousand persons.

Amendment L

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a

presentment or indictment of a Grand Jury, except in cases arising in the land or naval

forces, or in the Militia, when in actual service in time of War or public danger; nor shall

any person be subject for the same offence to be twice put in jeopardy of life or limb;

nor 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.

*Any variations in spelling of certain words are based on the original spelling found in the

U.S. Constitution.

Handout 2

What’s Not in the Bill of Rights

Bill of Rights Ratified in 1791 – First Ten Amendments to the U.S. Constitution

Amendment I

Congress shall make no law respecting an

establishment of religion, or prohibiting the free

exercise thereof; or abridging the freedom of

speech, or of the press, or the right of the people

peaceably to assemble, and to petition the

Government for redress of grievances.

Amendment II

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

.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the

Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but

upon probable cause, supported by Oath or affirmation, and particularly describing the place

to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a

presentment or indictment of a Grand Jury, except in cases arising in the land or naval

forces, or in the Militia, when in actual service in time of War or public danger; nor shall any

person be subject for the same offence to be twice put in jeopardy of life or limb, nor 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.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by

an impartial jury of the State and district wherein the crime shall have been committed;

which district shall have been previously ascertained by law, and to be informed of the

nature and cause of the accusation; to be confronted with the witnesses against him; to

have compulsory process for obtaining witnesses in his favor, and to have the assistance of

counsel for his defense.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the

right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-

examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual

punishment inflicted.

Amendment IX

The enumeration in the Constitution of certain rights shall not be construed to deny or

disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to

the States, are reserved to the States respectively, or to the people.

* Any variations in spelling of certain words are based on the original spelling found in the

U.S. Constitution.

Ratified December, 1791

Note: The two amendments that were not ratified as part of the Bill of Rights were

as follows:

1. After the first enumeration required by the first Article of the Constitution, there shall be

one Representative for every thirty thousand, until the number shall amount to one

hundred, after which, the proportion shall be so regulated by Congress, that there shall be

not less than one hundred Representatives, nor less than one Representative for every forty

thousand persons, until the number of Representatives shall amount to two hundred, after

which the proportion shall be so regulated by Congress, that there shall not be less than two

hundred Representatives, nor more than one Representative for every fifty thousand

persons.

2. No law, varying the compensation for the services of the Senators and Representatives,

shall take effect, until an election of Representatives shall have intervened. (Ratified later in

1992 as the 27th Amendment)

Handout 3


Parts of the U.S. Constitution

The Preamble l The 7 Articles l The 27 Amendments

The Preamble

The Preamble is the one-paragraph introduction to

the Constitution.

Here are the words which are written in the

Preamble:

We the People of the United States, in Order to form a more perfect Union,

establish Justice, insure domestic Tranquility, provide for the common defense,

promote the general Welfare, and secure the Blessings of Liberty to ourselves and

our Posterity, do ordain and establish this Constitution for the United States of

America.

The Articles (7)

Article 1 – The Legislative Branch

The longest Article in the U.S. Constitution with 10 sections, Article 1 creates the Congress

to make laws; divides Congress into a Senate and House of Representatives; establishes

eligibility requirements for each office; lists some powers of Congress; and places limits the

legislative branch.

Article 2 – The Executive Branch

Outlines that executive power will be vested in a president and vice president; establishes

terms of office and roles of the president; names eligibility requirements for the office of

President; outlines the obligations and powers of the president; provides for removal from

office upon impeachment.

Article 3 – The Judicial Branch

Establishes judicial power which shall be vested in one supreme Court; authorizes Congress

to establish inferior federal courts; determines tenure of judges; outlines jurisdiction;

defines treason.

Article 4 – The States

Outlines the duties states have to each other, as well as those the federal government has

to the states; addresses the admittance and/or creation of new states to the Union

Article 5 – Making Amendments

Process for proposing and ratifying amendments to the United States Constitution

Article 6 – Supreme Law of the Land

Supremacy Clause; the Constitution is the highest law of the land

Article 7 – Ratification

The Constitution was officially established when nine out of 13 states approved the

document.

The 27 Amendments

1. Freedom of religion, speech, press, assembly, petition

2. Right to bear arms

3 Quartering of troops

4. Search and seizure

5. Due process, double jeopardy, self-incrimination

6. Speedy and public trial by impartial jury; right to be informed of the nature and cause

of the accusation; right to be confronted with witnesses against the accused; right to

counsel

7. Civil trials; Common law suits

8. Excess bail or fines, cruel and unusual punishment

9. Rights named in the U.S. Constitution do not negate rights not listed

10. Powers reserved to states, or the people

11. Lawsuits against a state

12. Election of president and vice president

13. Abolition of slavery

14 Due process, equal protection, privileges of citizens

15. Voting rights not to be denied to citizens because of race

16. Federal income tax

17. Composition of the U.S. Senate and Election of U.S. Senators

18. Prohibition

19. Voting rights not to be denied to citizens on account of sex/gender

20. Commencement of Presidential and Congressional terms

21. Repeal of prohibition (18th Amendment)

22. No person shall be elected to the office of President more than twice; President limited

to two terms (not to exceed a total of ten years in office)

23. Presidential vote (electors) for the District of Columbia

24. Abolition of poll tax in federal elections

25. Presidential succession

26. Voting rights are not to be denied to citizens 18 years of age or older

27. Congressional compensation and pay raises

*Any variations in spelling of certain words are based on the original spelling found in the

U.S. Constitution.

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A public education program of The Florida Bar

Developed by The Florida Law Related Education Association, Inc. www.flrea.org


WHAT IS A CONSTITUTION?


What is a Constitution?

Establishes a plan of government or rule book for government

Serves as a contract between the people and the government

Sets forth the structure andfunctions of government

Lists some of the rights of the people

What else would you add?Developed by The Florida Law Related

Education Association, Inc, www.flrea.org

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What Does a Constitution Do?

• It limits power of the government• It assigns powers of the government• It organizes government• It establishes rule of law• It protects the rights of the people• Anything else?

• What is the difference between a Constitution and statutes? Should one be more general than the other?

Developed by The Florida Law Related Education Association, Inc, www.flrea.org


Fun Facts……

India has the longest written Constitution of any sovereign country in the world • 444 Articles, 12 schedules, 94

amendments


US Constitution is the shortest • 7 Articles and 27 Amendments


Federal v. State Constitutions

• Should there be different expectations for what is included in the U.S. Constitution v. the State constitutions?

• How should a federal constitution differ from a state constitution?


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The Hierarchy of Law

City and County Ordinances

State Statutes(laws)

State Constitutions

Acts of CongressFederal laws

United States Constitution

The U.S. Constitution is the “Supreme Law of

the Land.”

If there is a conflict between a lower law and a higher one, the higher

one “prevails”.


Parts of the US Constitution

If you were to dissect or cut upthe US Constitution into threemain parts and reassemble as a puzzle, what would be thethree main parts?

The Florida Law Related Education Association, Inc. Copyright 2011


Parts of the United States Constitution

• Preamble

• Seven Articles

• 27 AmendmentsThe Florida Law Related Education Association, Inc. Copyright 2011

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The Bill of Rights

• Today we know the Bill of Rights as the first ten amendments to the US Constitution.

• But, actually there were 12 amendments proposed instead of 10!!

• Today we will explore which amendments were ratified (approved) and are included in the Bill of Rights?



Rights

• Distribute the list of 12 proposed amendments to be included in the Bill of Rights. (Handout 1)

• All of these proposals were submitted but only 10 were ratified.

• Which amendments/rights do you think were approved?

• Individually, place a check mark by each amendment you think was ratified/approved to be included in the Bill of Rights.



The Bill of Rights

• Highlight the two amendments, from the original Bill of Rights, which were not included.


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The First Amendment

• Many of us recognize the First Amendment today which includes the right to freedom of religion, speech, press, assembly, and petition.


But was this really intended to be the First Amendment??


The Proposed First Amendment

• The First Amendment in the proposed Bill of Rights addressed the numbers of members of the House of Representatives and stated,


“ After the first enumeration required by the first article of theConstitution, there shall be one Representative for every thirtythousand, until the number shall amount to 100, after whichthe proportion shall be so regulated by Congress, that thereshall be not less than 100 Representatives, nor less than oneRepresentative for every 40,000 persons, until the number ofRepresentatives shall amount to 200; after which theproportion shall be so regulated by Congress, that there shallnot be less than 200 Representatives, nor more than oneRepresentative for every 50,000 persons.”

• But it did not receive enough support so it was never ratified.

“ After the first enumeration required by the first article of the Constitution, there shall be one Representativefor every thirty thousand, until the number shall amount to 100, after which the proportion shall be soregulated by Congress, that there shall be not less than 100 Representatives, nor less than oneRepresentative for every 40,000 persons, until the number of Representatives shall amount to 200; afterwhich the proportion shall be so regulated by Congress, that there shall not be less than 200 Representatives,nor more than one Representative for every 50,000 persons.”


Positive or Negative?

• If the real First Amendment had passed, it would have required that the size of the US House of Representatives be adjusted with every Decennial Census (every ten years).

• TODAY we could theoretically have over 6,000 members in the House based on one Representative per 50,000 persons as proposed.


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Interesting to note

• In 1790, the population of the United States was approximately 4 million.

• Today our population is approximately 311 million.

• With 435 House members today, each represents approximately 714,000 plus persons.



In the Articles of Confederation

• The Articles of Confederation (the first constitution of the United States) allowed only one vote per state. More than one delegate was allowed to participate but each state only had one vote in the legislative branch.

• How would you compare representation under the Articles of Confederation to the proposal of representation under the US Constitution?



The Second Proposed Amendment

• The second proposed amendment in the original Bill of Rights was not the right to bear arms (as it is today). The second proposed amendment addressed compensation of Senators and Representatives.

• Although it too was not ratified as part of the Bill of Rights, it has since become the 27thAmendment to the US Constitution.


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Proposed in 1789 and Ratified in May 1992

• The 27th Amendment to the US Constitution reads just as it did in the proposal to the original Bill of Rights in 1789,

• “No law, varying the compensation for the services of the Senators or Representatives, shall take effect, until an election of Representatives shall have intervened.”



27th Amendment

• Longest running amendment effort in the history of the United States.

• Drafted and proposed in 1789 but not ratified until 1992.

• How did it happen?



STEPS IN THE AMENDMENT PROCESS


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Two part process

• Part One: Proposal Process

• Part Two: Ratification Process


• There are two parts to the constitutional amendment process. See Article 5 of the US Constitution.


Proposal process

• There are two ways spelled out in the US Constitution to propose an amendment.

• 1. The proposal must pass both Houses of Congress (House and Senate) by a 2/3 majority in each.

OR• 2. A Constitutional Convention must be

called by 2/3 of the legislatures of the States.



Ratification process

• The proposed amendment must next be approved, or ratified, by ¾ of the states.

• This may be done by passage through the state legislature or by a state convention. This may be specified in the text of the amendment.


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In or out?

• As a group, after each proposal is announced, either do a Thumbs Up or Thumbs Down if you think it passed or failed as an amendment to the US Constitution.



Thumbs up or down?

1947: the income tax maximum for an individual should not exceed 25%;



1971: American citizens should have the alienable right to an environment free of pollution

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1876: The forbidding of religious leaders from occupying a governmental office or receiving federal funding


1916: All acts of war should be put to a national vote. Anyone voting yes had to register as a volunteer for service in the United States Army


Thumbs up or down?

• 1914: Finding divorce to be illegal


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Did you know

• Approximately 10,000 amendments have been proposed in Congress since 1789.

• The success rate of an amendment to become part of the US Constitution is less than 1%.

• www.constitutionfacts.com



WHAT’S MISSING?


What’s Missing?

• Distribute copies of the summary of the outline and 27 amendments to the US Constitution. (Handout 3) What other ideas have failed over the years. What are some new ideas that may be under consideration?

• In groups of five, brainstorm ideas for a new amendment to the US Constitution.


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Constitutional Amendment Proposal

• As time permits, using the Constitutional Amendment Proposal Form, each group will come to a consensus on their idea to amend the US Constitution.

• As a full group, debrief and evaluate each proposal.



Proposed Ideas for 28th

Amendment

• After groups share their ideas for a 28th amendment, post this proposal which has been circulating throughout the country. Seek input.

• Proposed 28th Amendment to the United States Constitution:

• "Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and Representatives; and, Congress shall make no law that applies to the Senators and Representatives that does not apply equally to the citizens of the United States".



The Florida Law related education association, inc

• For additional programs, resources, and materials, contact

• The Florida Law Related Education Association, Inc.

• www.flrea.org• [email protected]


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Sources

• www.constitutionfacts.com

• www.usconstitution.net

• www.constitutioncenter.org

• www.archives.gov

• www.ourdocuments.gov

• Center for Civic Education. We the People…the Citizen and the Constitution. Calabasas, CA. 2009.


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Handout 4


Constitutional Amendment Proposal and Evaluation Form – Four Steps

1. Identify the list of ideas for amendments that your group has discussed:

Topics

2. Analyze the group’s selected proposal:

Proposal

Topic/Title:

What is the

problem the

amendment will

address?

Why should it

be included in

the U.S.

Constitution?

Problem:

Reason:

Content Analysis – Breaking it down

3. Insert language of the proposed Constitutional Amendment:

4. Answer questions about your proposed Constitutional Amendment:

Question Persuasive Response and Support or Reasoning

Is the problem addressed in this

proposal a problem at the

federal/national level?

Does the proposal support the

common good? Why or why not?

What is the potential financial

impact of this proposed

amendment?

Are there other ways to address

the problem such as through

legislation? Why or why not?

Who might support your

proposal and why?

Who might oppose your

proposal and why?

Based on your knowledge of the

U.S. Constitution, do you feel

this amendment is appropriate

and necessary? Why?

Is this proposal fair? Does it

violate anyone’s rights?

How will you convince other

members of Congress or states

to vote for your amendment?

benchmarks-whats-not-in-the-bill-of-rightswhats-not-in-the-bill-of-rights-handout-1whats-not-in-the-bill-of-rights-handout-2whats-not-in-the-bill-of-rights-handout-3whats-not-in-the-bill-of-rights-pp (2)whats-not-in-the-bill-of-rights-handout-4

40 to 50 minutes what’s not in the bill of rights · 2020. 5. 5. · handout 2 what’s not in...

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