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Constitutional Law by Yale 听课笔记(三)

宪法修正过程。

第一次大的修正称之为Bill of Rights, 1791年通过。后面的修正案大都集中在某一段时间。

Bill of Rights 修正案1-12 十八世纪末十九世纪初

Civil War Amendments/Reconstruction Amendments 修正案13-15 十九世纪中期,civil war后

The Progressive Era Amendments 修正案16-18  二十世纪初

详细的列表在这里:http://en.wikipedia.org/wiki/List_of_amendments_to_the_United_States_Constitution

Bill of Rights主要的诉求是:

The Bill of Rights enumerates freedoms not explicitly indicated in the main body of the Constitution, such as freedom of religion, freedom of speech, a free press, and free assembly; the right to keep and bear arms; freedom from unreasonable search and seizure, security in personal effects, and freedom from warrants issued without probable cause; indictment by a grand jury for any capital or "infamous crime"; guarantee of a speedy, public trial with an impartial jury; and prohibition of double jeopardy. In addition, the Bill of Rights reserves for the people any rights not specifically mentioned in the Constitution and reserves all powers not specifically granted to the federal government to the people or the States.

Civil War Amendments主要是告别奴隶制度:

Their proponents saw them as transforming the United States from a country that was (in Abraham Lincoln's words) "half slave and half free" to one in which the constitutionally guaranteed "blessings of liberty" would be extended to the entire populace, including the former slaves and their descendants.

Progressive Era Amendments更多是现代化的标志:

The Sixteenth Amendment gave the federal government the power to lay and collect an income tax regardless of the source of that income.

The Seventeenth Amendment provided for the direct election of Senators by the people rather than by the state legislatures as the original Constitution called for.

The Eighteenth Amendment prohibited the import, export, transport, manufacture or sale of intoxicating beverages.

The Nineteenth Amendment gave women the right to vote.

最有趣的就是妇女投票权了。毕竟是需要男人们投票来决定妇女有权投票。一开始是从稀缺妇女的 Wyoming Territory州开始,然后扩展到全国。

最后的二战后的修正则主要是一些对于民主的更深入理解,比如总统任期的限制。