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Questions to discuss in your study group:

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CHAPTER VI

Early Changes in the Constitution and Government

"The American Government is often spoken of as a government based on faith in majorities. . . . But the Government is never handed over to the absolute [complete] control of the majority.“

-Thomas M. Cooley.

No constitution or government can remain without changes. Time brings new needs. The wants of the people change. The Fathers of the Constitution intended that it should be used for many years. many years. But they knew that changes would be necessary.

THE WAYS OF CHANGING THE CONSTITUTION

The Constitution sets out two ways by which changes may be suggested. It also sets out two ways by which suggested changes may be approved by the people. These are listed in Article V of the Constitution.

A change or amendment must be suggested. It must be written out in good form. It must be prepared for a vote. Either House of the Congress may suggest an amendment. But two-thirds of the members in each House must approve it.

The Constitution was prepared by a convention. The people may prefer that a suggested amendment be prepared in a convention. The Constitution says, therefore, that amendments may be prepared in that way. If the legislatures of two-thirds of the States request it, the Congress must call a national convention to prepare a suggested amendment. Thus far, no amendment has been prepared by a national convention.

After a suggested amendment has been passed by the Congress, it must be ratified (accepted) by the States. The Congress may send it to the State legislatures. But the Congress may ask the States to hold special conventions to vote on the suggested amendment. Whenever three-fourths of the State legislatures or State conventions vote "yes," the amendment becomes a part of the Constitution.

Twenty-five amendments have been added to the Constitution of the United States. They were prepared and agreed upon by a two-thirds vote in both Houses of the Congress. All but the Twenty-first Amendment were sent by Congress to the State legislatures. They were

ratified in that way. But the Congress asked the States to call special conventions to vote on the Twenty-first Amendment. It was ratified by a vote of "yes" in the special State conventions.

THE BILL OF RIGHTS

The people who settled early in America loved their liberty. They were free to own property. They could marry and set up homes. They could worship God as they pleased. The people never allowed the governments of the colonies or of the States to destroy their rights. Each person had to

use his liberty in a way which would not hurt others. For every right there was a duty. Only by carrying out their duties could they enjoy these rights.

The Constitution did not include a statement of the rights of the people. Each State constitution contained a bill of rights. The Fathers of the Constitution thought that that was enough. Also, the Federal Government was to have only the authority given it by the clear words of the Constitution. The important thing, therefore, was to say what the Federal Government could do-not to say what it could not do.

We remember that some of the State conventions did not want to ratify the Constitution. They said that it did not require the Federal Government to respect the rights of the people. They wanted the Constitution to say that the new Government must respect their rights. Some of the State conventions would not ratify the Constitution until the other States agreed that a Bill of Rights would be added later.

The first Congress under the Constitution prepared a list of suggested amendments containing the rights of the people. All of the State legislatures ratified ten amendments by the end of 1791. These became the first ten amendments to the Constitution. They are called the "Bill of Rights." They say that the Federal Government cannot do certain things. They also say that there are certain rights that belong to the people. They are not limited to just citizens. Let us study some of the rights which are protected.

THE RIGHT TO CHOOSE ONE'S OWN CHURCH

The First Amendment says that the Federal Government shall not do certain things. It says that the "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."

We see, first of all, that our Government is to be kept separate from the church. In some countries the government had supported one church and had made trouble for those who refused to support it. Many people came to America in order to be free to choose their own churches. The First Amendment protects our right to join the church we please. We do not need to belong to a certain church in order to own property, to marry, to vote, or to be a public officer.

The First Amendment does not give a person the right to refuse to obey proper laws because his church does not believe in the laws. The Government may force a person to support it even though his church does not agree. The Government may order a person to join the army and fight for his country. The Government may force us to respect the flag of our Nation.

The chief purpose of this part of the First Amendment is to prevent the Federal Government from setting up a church and making all people support it. If the people want to keep the right to choose their own church, then the Government which protects the right must continue to exist. If there is no government, the right will be of no value. For this reason the people must obey all laws that are passed to keep enemies from destroying the Government. The duty is just as important as the right.

RIGHTS OF FREEDOM OF SPEECH AND OF THE PRESS

The First Amendment also says that the Federal Government cannot keep us from saying, writing, or printing anything we wish. We are free to enjoy these rights only so long as we do not hurt someone else. If we hurt people by saying or writing things that are not true, they may go to court against us.

The right of freedom of the press is also protected. This means that newspapers and magazines are free to print the different opinions of the people even if these opinions are not wise or correct. We believe that it is better to let the people read the different opinions than to allow our officers to say what may be printed. In a demoerey it is important that the people have full information on all questions. The officers must know the wishes of the people if they are to pass laws that the people need and want. What the press prints is one way the offers learn what the people want.

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