#109 Securing Rights

Bill of Rights depicted in cartoon format from 1971 Young Citizen teacher’s guide transparency. From Syracuse University via the U.S. Government Printing Office.

Opener:

• Class poll: List amendments 2-10 on the board and tally who chose which amendments in response to last night's discussion question:
  • “Aside from the First Amendment, which amendment in the Bill of Rights do you think is most significant for safeguarding civil liberties?”
• Share your response to the discussion question. Be sure to support your choice by drawing on evidence (past or present).

Background:

• As we have seen, the initial 1787 proposal for a Constitution lacked explicitly-defined civil liberties (protections for individuals from state power).
• Anti-Federalists were at their most persuasive in their critique of the Constitution on this point.
• The Constitution was ratified in several states with clear expectation that these rights would be added as a series of amendments:
  • The vote was especially the case in the large and influential states of Massachusetts, Virginia, and New York.
  • Two states, Rhode Island and North Carolina, refused to ratify the Constitution.

• The first federal elections were completed by January 1789 and Congress took up the Bill of Rights shortly after taking office.
• Congressman James Madison of Virginia selected 39 amendments drawn from the states that had Bills of Rights, one example being the Virginia Declaration of Rights (external link). In his search, Madison avoided amendments that would seriously compromise power of national government.

• The Bill of Rights followed the amendment procedure most commonly used to amend the Constitution:
  • First, pass a bill through both houses of Congress with by a two-thirds majority.
  • Then ratify the proposed amendments by three-fourths of state legislatures​.
• The chart to the right shows more ways the Constitution can be amended.

• Results:
  • 12 amendments were passed by Congress; 10 ratified quickly; 1 was not ratified until 1992 (27th amendment); 1 remained unratified.
  • The first 10 amendments came to be known as the Bill of Rights.

Close reading:

• Close reading is the intentional, focused interrogation of a short passage. This means looking carefully not just at the text as a whole, but each clause and even each word.
• For the purposes of this particular exercise, I suggest we:
  • Explain the meaning of significant words and phrases in each selected amendment, noting potential ambiguities. Focus especially on terms or phrases that are unclear or not a common part of English vernacular today.
  • Articulate—in our own words—the specific rights protected in each selected amendment. How might “strict” or literal interpretations differ from “loose” or broader understandings?
  • Identify connections between the ideas contained in the amendments and those in the Declaration of Independence.
  • Reflect on whether or not you believe this amendment should be included in the Bill of Rights.

Final thoughts:

• What rights would you add to this list as essential protections that citizens should be entitled to? Note: This might include or be in addition to the 17 later amendments—not all of which are guarantees of specific civil liberties.

Preview homework: Assignment #110.