Constitution Amendments, Bill of Rights, and Judiciary Act of 1789

Antifederalists opposing the Constitution

• Antifederalists had sharply criticized the Constitution for not having a Bill of Rights.

• Many states had ratified the Constitution under the condition that a Bill of Rights be included.

Amendments to the Constitution

• Two possible routes to amendments:

  • A new constitutional convention requested by \frac{2}{3}{\text{ of the states}} (has never happened).

  • A two-stage process: \frac{2}{3}{\text{ vote by both houses of Congress}} and ratification by \frac{3}{4}{\text{ of the states}} (has happened on 18 separate occasions; we now have 27 Amendments).

• Federalists feared that another constitutional convention might reverse their victory.

• James Madison drafted and submitted amendments to Congress.

• Madison's draft was based largely on George Mason's Bill of Rights in Virginia.

Bill of Rights (First ten amendments) – adopted in 1791

• Provides safeguards for core principles of America.

  • Amendment I: Freedom of speech, religion, press, petition & assembly.

  • Memory aid: RAPPS — Religion, Assembly, Press, Petition, Speech.

  • Amendment II: Right to bear arms.

  • Amendment III: Troops may not be arbitrarily quartered on the people.

  • Amendment IV: Unreasonable searches and seizures forbidden.

  • Amendment V: The individual is guaranteed certain rights when on trial and the right to life, liberty and property.

  • Amendment VI: Right to a fair and speedy trial in criminal cases.

  • Amendment VII: Right to a trial in civil cases (lawsuits against other citizens).

  • Amendment VIII: Excessive fines and unusual punishments are forbidden.

  • Amendment IX: The people retain rights not enumerated in the Constitution.

  • Amendment X: X is listed, but the content is not detailed in this transcript.

Judiciary Act of 1789

• A. Organized the Supreme Court with a chief justice (John Jay) and five associates.

• B. Organized federal district and circuit courts.

• C. Established the office of attorney general.

• D. Fatal provision: the law stated the Supreme Court could force presidential appointments of judges; this provision would be overturned in 1803.