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John Pham

Mr.Anderson

Civics/Per.3

27 October 2017

28th Amendment

The U.S. Constitution established America's national government and

fundamental laws. It guaranteed certain basic rights for its citizens. These laws are

added to the Constitution through a process called amending the Constitution. The

Constitution was signed on September 17, 1787, by delegates of the Constitutional

Convention in Philadelphia, presided over by George Washington. The purpose of this

paper is to explain the process needed to amend the constitution, ratify an amendment,

or introduce a XXVIII amendment.

To formally amend a constitution, anyone can propose a law or a bill. However it

must be sent to a congressman who will propose it they wish to them two-thirds of

congress are needs to propose the amendment. Three-fourths of the states are needed

for the amendment to be ratified(NARA). After that it is the presidents decision if they

want to pass the bill or not, since the president has the ability to veto the bill. There are

also other methods to affect the constitution, but it wont change the constitution, such

as making laws. Up until now the amendment has been amended seventeen times,

since the Bill of Rights was ratified in 1791 which consisted of ten amendments.
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In total there are twenty-seven amendments now, Amendments I-Amendment

XXVII. For example Amendment XI where it states the judicial power of the United

States shall not be construed to extend to any suit, in law or equity, commenced or

prosecuted against one of the United States by citizens of another state, or by citizens

or subjects of any foreign state. (NCCS) Which means the authority of the federal court

is restricted so the can not use power above their means. Then there is also

Amendment XXVII which states No law varying the compensation for the services of

the Senators and Representatives shall take effect until an election of Representatives

shall have intervened (NCCS). Which restricts the change in salaries of senators and

representatives. So no change in compensation can be made until after the election is

done.

The Constitution was amended only seventeen times after the Bill of Rights was

ratified is because the amendment process is so hard. The framers made the

amendment process difficult in the first place, because once an amendment would be

passed it is there forever, it can not be removed. If the Constitution could be changed

easily, it would have little value. For anyone would change it at any given time. For

example, a corrupt President, or powerful political party could use amendments to play

to their political agendas. To solve these issues, our Founding Fathers made the

amendment process difficult to maintain the Constitution's value and keep corrupt or

powerful groups from using it to support their own agendas. So far it's work for more

than 200 years and many of us value the Constitution.

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The first amendment is the first of ten in the Bill of Rights. Amendment I states

that 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(NCCS). In short it means that the people have the freedom of speech,

press, and religion. As mentioned it was ratified in the Bill of Rights, but it was placed

her so the new American government could not abuse their power like Britain did to

them.

This amendment has affected me personally by letting me speak out and not

having to be afraid of anything. Giving me my basic right to freedom, religion, and press.

It affected America as a whole by guaranteeing the rights to freedom of speech and of

the press, to peaceably assemble and to petition the government for redress of

grievances. Affecting our daily lives by ensuring that as individuals in a free, democratic

society we have the freedom to voice our opinions, criticisms, objections and passions

largely free from government interference. The First Amendment protects a broad range

of public and personal expression on political, commercial, social and private matters.

Because of the First Amendment, we can post political signs in our yards, display

bumper stickers and vanity plates on our cars, and speak out at city council meetings.

These guarantees affect citizens everyday seeking to enjoy life, liberty and the pursuit

of happiness.(Magruder).
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If I were to have a twenty-eighth amendment it would state that, the Congress

shall have power to prohibit the physical desecration of the flag of the United States.

Amending the federal criminal code make the desecration of the flag to be prohibited:

destroying or damaging a U.S. flag with the primary purpose and intent to incite or

produce imminent violence or a breach of the peace, intentionally threatening or

intimidating any person, or group of persons, by burning a U.S. flag, or stealing or

knowingly converting the use of a U.S. flag belonging to the United States, or belonging

to another person on U.S. lands, and intentionally destroying or damaging that flag.

This should be made an amendment because no man especially a U.S citizen

should burn the American flag. Since it represents the country we live in. The flag is a

representation of America the people should protect it(Adequacy) because desecrating

the American flag would be the same as taking actions against America itself. Also, it

would be a disrespect to all those soldiers out there who are fighting for the sake of this

country.

People say that this amendment is a violation of the first amendment of freedom

of speech(ACLU). If this law were to pass freedom would not be able to survive if the

first amendment cannot be regulated. Also there are people who say that this

amendment may provoke people rather than diminish these acts. Like the eighteenth

amendment, the ban of alcohols production, transportation, and sales. It caused people

to buy and drink alcohol secretly and illegally. If this twenty-eighth amendment were to

be passed it may cause more people to burn the flag.

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However if this amendment violates the first amendment, isnt it also the right of

the people to speak out saying they want this amendment, because they care for their

country. So, why cant they fight to have their beliefs come true. Plus the idea that

someone is burning the American flag or specifically a U.S citizen would show that they

are possibly against the U.S in someway. So, shouldn't the U.S congress be able to act

against them. Also if you relate what happened in the eighteenth amendment to this

amendment, and knew more about the eighteenth amendment you would know that the

U.S resolved that problem already. So, why cant the U.S solve the problem for flag

burning.

There are many contradictories to this amendment as it does violate the first

amendments protection of freedom of speech. However as a country we should protect

our symbol, our flag. We should be honoring the lives of those protecting our country

and protecting what they are waiting to return to. The flag is the symbol of the country

and the country is what our soldiers defend.

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Citations

Amendments 11 - 27. National Center for Constitutional Studies,

nccs.net/online-resources/us-constitution/amendments-to-the-us-constitution/
amendments-11-27.

Constitution, constitution.laws.com/1st-amendment.

Constitutional Amendment Process. National Archives and Records Administration,

National Archives and Records Administration,
www.archives.gov/federal-register/constitution.

McClenaghan, William A. Magruder's American government. Pearson/Prentice Hall,

2006.

Reasons to Oppose the Flag Desecration Amendment. American Civil Liberties Union,
www.aclu.org/other/reasons-oppose-flag-desecration-amendment.

Why America needs laws against flag burning.,

www.adequacy.org/stories/2001.7.23.191419.121.html.