US Constitution study guide: Difference between revisions

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* = the first ten amendments that were adopted as a group
* = the first ten amendments that were adopted as a group
* known collectively as the "Bill of Rights" (BOR)
* known collectively as the "Bill of Rights" (BOR)
* the BOR protect certain rights from "infringement" by the federal government
* the BOR protect certain individual rights from "infringement" by the federal government
* as originally enacted and interpreted by the Courts, the BOR did not apply to the states
* i.e., the BOR does not create those rights, it protects rights that already exist or that exist "naturally" (called "natural law")
* i.e., the BOR does not provide those rights, it protects rights that already exist or exist "naturally" (called "natural law")
* their principal author, James Madison, did not consider the amendments essential, but he understood the political need for them, as the anti-Federalists had made strong arguments for the need to protect the rights of the people and of the states from the central government
* their principal author, James Madison, did not consider the amendments essential, but he understood the political need for them, as the anti-Federalists had made strong arguments for the need to protect the rights of the people and of the states from the central government
* Madison feared that a general convention, called by the states per Article V, might take the opportunity for direct amendment of the Constitution, as opposed to merely adding the BOR
* Madison feared that a general convention, called by the states per Article V, might take the opportunity for direct amendment of the Constitution, as opposed to merely adding the BOR
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* the House approved 17 Articles, the Senate approved 12 of them, and the states ratified 10 of them as of Dec 15, 1791
* the House approved 17 Articles, the Senate approved 12 of them, and the states ratified 10 of them as of Dec 15, 1791
* one of the two remaining Articles was adopted on May 5, 1992 as the 27th amendment (regarding Congressional compensation)
* one of the two remaining Articles was adopted on May 5, 1992 as the 27th amendment (regarding Congressional compensation)
* as originally enacted and interpreted by the Courts, the BOR did not apply to the states
* see the 14th amendment for how that amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR)}}'''
* see the 14th amendment for how that amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR)}}'''