Rights and Amendments

How and why do amendments become part of the Constitution?

The U.S. Constitution in Article V provides two methods to proposing amendments. The First, Congress with approval of two-thirds of both houses, can propose amendments to states for ratification, the process used to the proposal of all twenty seven current amendments to the Constitution. The second step is if the legislatures of thirty-four percent that is if two-thirds of the states apply. Congress will call a convention to consider and propose amendments. These two methods then require approval of three-fourths of the states, which is thirty eight percent, to become part of the constitution. Why amendments? To apply changes to the original document.

What problems with the original document motivated the adoption of the Bill of Rights?

A stronger and centralized American government is what the original document called for. When the Constitution was first introduced, The Bill of Rights was written to eliminate the fear to Central government. The Bill of Rights adopted in 1791, its purpose to protect certain rights to the people.

What have been the effects of the Bill of Rights?

The Bill of Rights limited only actions taken by the federal government against people. The

Founders assumed citizens would be protected by their home states' constitution. For this reason, the

Bill of Rights did not strongly impact Americans' lives until the Fourteenth Amendment was passed.

The Fourteenth Amendment applied the Bill of Rights to state governments. In the twentieth century,

the role of the federal government shifted. As a result of the federal government's expanded role, its

Size, purpose, and significance have changed. The change also affected the national view of the Bill

Of Rights. The document that rarely affected American's lives soon after its ratification now takes

center stage in American society and politics. The Bill of Rights began with debate over its very

existence. Perhaps it is fitting that it still brings about questions and controversy today. Great mind

sometimes think alike, but the Bill of Rights protections ensure that law cannot make them do so

What problems with the original document, or changes in society, led to later amendments?

Thirteenth through Fifteenth Amendments, after a disastrous Election of eighty hundreds, efforts were made to amend the Constitution. The 12th Amendment was ratified in 1804. Article II, Section I of the original constitution Electoral Collage electors submitted single ballots with two names, no designation of president and vice president. The runner up would become vice president. Each state would have electors equal to the total of senators plus representatives. Almost immediately problems developed. In 1796 the system stopped a president and vice president from one party to another. The same number of votes was given to the two candidates from the same party. Giving the House of Representatives where each state would cast one vote. Failure of the original constitution plan was due to the emergence of partisan political activity.

The 12th Amendment

* Separate ballots are used for president and vice president

* The candidates with the greatest number of votes for each office will be elected if that number constitutes a majority of the total electors

* If a majority for the president is lacking, the House of Representatives shall vote by state from among the three highest candidates

* If a majority for the vice president is lacking, the Senate shall vote by state from among the two highest candidates

* The vice president must meet the same constitutional requirements as provided for the president.

The 22nd Amendment: Term limits for the Presidency

Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

Before this amendment was ratified, Franklin Delano Roosevelt was the first president to be elected to four terms. Until that time U.S. presidents had followed the example of President George Washington, who voluntarily limited his office to two terms. While the Constitution did not expressly limit the term of the president, Washington knew its system of checks and balances was designed to prevent an abuse of power. So though its letter did not forbid a third term, he felt its spirit did.

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4. Whenever the Vice President and a majority of either the principal officers

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