The Amendments

The Amendments

Constitutional government in the United States has changed over time as a result of amendments to the U.S. Constitution, Supreme

Court decisions, legislation and informal practices.

Bill of Rights #1-10

With freedoms come responsibilities

Exercise of freedoms may have consequences

1st Amendment

1st Freedom of Religion, Speech, Press, Assembly and Petition (1791) • Protection of religious thought and practice; separation of church and state; persons’ right to

speak, publish and otherwise express views; join others in public meetings, political parties, interest groups and other associations to discuss public affairs and influence public policy

• Exercised in regards to the rights of other persons

2nd Amendment

2nd Amendment Bear Arms (1791) • States have the right to maintain a militia; national and state government can and do regulate

private possession and use of fire arms

3rd Amendment

3rd Amendment Quartering Troops (1791) • Right to privacy in one’s home

• Private citizens do not have to house troops

4th Amendment

4th Amendment Search and Seizure (1791) • Individual right to privacy unless law enforcement has the proper warrant obtained with

probable cause for search and seizure

• Unadmissable evidence: evidence from unlawful search cannot be used in court

ο Reasonable suspicion: well- founded articulable suspicion of criminal activity based on officer training and experience; belief that a person is about to commit a crime (Person swerving in a car)

ο Probable cause: facts and circumstances sufficient to warrant a reasonable belief that the suspect is in possession of contraband or other evidence that would support an arrest (Fertive movement once stopped)

ο A person can be asked to step out of car and be searched

ο Reasonable suspicion; probable cause; unadmissible evidence; fertive movement

5th Amendment

5th Amendment Rights of Accused Persons (Criminal) (1791) • A person has to be indicted (charges listed) to be tried for a serious crime

• A person has the right to due process (federal government must act fairly and in accordance with established rules in all it does)

• No double jeopardy (you can’t be tried twice for the same crime) • A person is protected against self- incrimination (does not have to tell on self; spouse) • Eminent domain (the power of government to take private property for public use; government

must pay fair price for property and must use it to benefit the public)

6th Amendment

6th Amendment Right to Speedy, Fair Trial (Criminal) (1791)

*Miranda Rights

• Informed of charges

• Speedy trial; person cannot be held for an unnecessarily long time while awaiting trial

• Trial by impartial jury (can ask for judge trial)

• Favorable witnesses

• Cross examination of witnesses

• Right to an attorney

7th Amendment

7th Amendment Civil Suits (1791) • A trial by jury when dispute between persons for more than $20 occurs

• Can waive jury trial for bench trial (TV court)

8th Amendment

8th Amendment Bail and Punishment (1791) • Bail imposed must be reasonably related to the seriousness of the crime

• Forbids punishment that is too harsh for the crime

9th Amendment

9th Amendment Powers Reserved to the People (1791) • People have unenumerated (too many to number) rights

• People hold other rights that may not be set in the Constitution

10th Amendment

10th Powers Reserved to the States (1791) • All powers not granted to the national government belong to the States

11th Amendment

11th Amendment Suits Against the States (1795)

•A lawsuit brought by a citizen or foreign nation against a state must be tried in state court, not federal court

12th Amendment

12th Amendment Election of President and Vice President (1804) • Changed procedure to elect President and Vice President

13th Amendment

13th Amendment Abolition of Slavery (1865) • Ended slavery in America

• Prohibits making a person perform personal services due to debt

• Those imprisoned can be forced to work

• The draft is not a violation of amendment

14th Amendment

14th Amendment Rights of Citizens (1868) • Citizenship defined; Citizenship by birth or naturalization

• Due process (state government must act fairly and in accordance with established rules in all it does)

• Number of the members of House of Representation reduced if citizens denied the right to vote

• Barred from state or federal offices for insurrection (Confederate leaders)

• Equal Protection Clause (states can’t discriminate against, draw unreasonable distinctions between persons/citizens)

• Important to civil rights

5th Amendment

Due Process Federal government must treat all citizens the

same

14th Amendment Due Process

State government must treat all citizens the same

Civil Liberties= Freedoms we have Civil Rights= Protection from the government

15th Amendment

15th Amendment The Right to Vote (1870)

• All citizens have the right to vote

ο Denial tactics: poll tax, literacy tests, white-only primaries

ο During time of amendment, extended suffrage to African American men

• Enforcement powers

16th Amendment

16th Amendment Income Tax (1913) • Congress can levy an income tax

17th Amendment

17th Amendment Direct Election of Senators (1913) • Senators elected by voters of each state

• Special election or government (Governor) appointment if vacancy

18th Amendment

18th Amendment Prohibition (1919) • Citizens cannot produce, transport alcohol in the United States

• Overturned by 21st Amendment

19th Amendment

19th Amendment Woman Suffrage (1920) • Women have the right to vote

20th Amendment

20th Amendment Lame Duck Amendment (1933) • Shortened time between presidential election and inauguration; March 4th to January 20th

• End “lame-duck” sessions of Congress; Congress hold its first session soon after the November election on January 3rd

• If president-elect dies before taking office, the vice president-elect become president

• Congress may pass legislation to deal with a presidential candidate (or vice presidential election) who dies while an election is being decided in the house

21st Amendment

21st Amendment Repeal of Prohibition Amendment (1933)

22nd Amendment

22nd Limit on Presidential Terms (1951)

• Presidential term is 2 terms lasting 4 years in length

• Anyone who succeeds to presidency and serves for more than two years of the term may not be elected more than one more time

23rd Amendment

23rd Amendment Presidential Electors for the District of Columbia (1961) • 3 electoral votes for D.C.

24th Amendment

24th Amendment Abolition of the Poll Tax (1964)

25th Amendment

25th Amendment Presidential Disability Succession (1967) (217)

• Vice President becomes president if president dies, resigns or is removed from office

• The president will appoint a new vice president with the approval of Congress

• Replacement if President informs Congress in writing that he or she cannot carry out duties of the office; Vice President becomes acting President

• President can be replaced without consent if the majority of the cabinet and Vice President informs Congress; Vice President is acting President; 21 day investigation by Congress before reinstating President or making other decisions about position

26th Amendment

26th Amendment Eighteen Year Old Vote (1971)

27th Amendment

27th Amendment Restraint on Congressional Salaries (1992) • Congress cannot vote for an increase in pay in the current session; increases take effect in

subsequent sessions of Congress

Chunking The Amendments: Bill of Rights Amendments

The Bill of Rights was drafted in response to the national debate over the

ratification of the Constitution of the United States.

#1-10

Chunking The Amendments: Reconstruction Era Amendments

The Reconstruction Era prompted Amendments 13, 14 and 15 to address the

aftermath of slavery and the Civil War.

Chunking The Amendments: Progressive Era Amendments

Amendments 16, 17, 18, 19 responded to calls for reform during the Progressive

Era.

Chunking The Amendments: Suffrage Amendments

Four amendments have provided for extensions of suffrage to disenfranchised groups.

#15, 19, 24, 26

Chunking The Amendments: Presidential Amendments

Five amendments have altered provisions for presidential election, terms, and

succession to address changing historical circumstances.

#17, 20, 22, 23, 25

Chunking The Amendments: Unique Historical Circumstances Amendments

Amendments 11, 21 and 27 have addressed

unique historical circumstances.