The Amendments. Constitution Unit

Transcription

1 The Amendments Constitution Unit

2 Amending the Constitution The United States Constitution was written in 1787 and ratified in 1788 The country s founding fathers knew that over time, the Constitution may need to be changed

3 Amending the Constitution The United States Constitution is difficult to change Article Five outlines how changes, called amendments, can be made There are two methods that can be used to amend the Constitution

4 Amending the Constitution Amendments can be made by a two-thirds vote of both the U.S. House of Representatives and Senate followed by ratification of three-fourths of state legislatures (38 states today) To this day, this has been the only method used to amend the Constitution

5 Amending the Constitution Amendments could also potentially be passed if two-thirds of the states (at least 34 states today) call for a convention for the purpose of amending the constitution AND if amendments proposed at such a convention are later ratified by three fourths (at least 38) of the states legislatures

6 The Bill of Rights The Bill of Rights is the collective name given to the first ten amendments to the U.S. Constitution The Bill of Rights: Guarantees personal freedoms Limits the government s power Reserves some power to the states and to the people

7 The first amendment protects: Freedom of religion Freedom of speech Freedom of the press Freedom of assembly Right to petition the government for a redress of grievances Ratified December 15 th, st Amendment

8 While these rights are protected, they can be limited For example: Free speech can be limited in cases of slander or obscenity Freedom of the press may be limited for reasons of national security during wars 1 st Amendment

9 2 nd Amendment Text of the 2 nd amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Ratified December 15 th, 1791

10 2 nd Amendment The 2 nd amendment is one of the most controversial amendments today The Supreme Court has ruled that the right to bear arms belongs to individuals, but has also ruled that the right can be limited and regulated

11 3 rd Amendment The third amendment puts limits on the quartering of soldiers in private homes without the owner s consent during peacetime The third amendment was in response to anger over the British using colonists homes Ratified December 15 th, 1791 British Major General William Howe, who led the capture of Philadelphia during the American Revolution

12 4 th Amendment Protects against unreasonable search and seizure Requires a warrant to be obtained, supported by probable cause, for searches to occur Ratified December 15 th, 1791

13 5 th Amendment Ratified December 15 th, 1791 Protects individuals from having to testify against themselves in a criminal court case Instead of giving testimony that may hurt them, a person can say I plead the fifth

14 5 th Amendment Also in the 5 th amendment, the double jeopardy clause states that a person may only be tried once for the same offense Also guarantees due process of the law as well as compensation for any property taken for public use

15 6 th Amendment Guarantees the: Right to a speedy and public trial Right to an impartial jury Right to be informed of the nature of accusations against you Right to confront and question witnesses against you in court Ratified December 15 th, 1791

16 7 th Amendment Guarantees the right to a trial by jury Also prevents courts from overturning a jury s decision Ratified December 15 th, 1791

17 8 th Amendment Prohibits the federal government from imposing: Excessive bail Excessive fines Cruel and unusual punishments Ratified December 15 th, 1791

18 9 th Amendment The 9 th amendment deals with rights not mentioned in the Constitution Essentially, just because some rights are mentioned in the constitution does not mean the government can deny rights that are not in the constitution Ratified December 15 th, 1791

19 10 th Amendment The 10 th amendment states that the powers in the Constitution are for the federal government Powers not given to the federal government are reserved to the states or to the people Ratified December 15 th, 1791

20 11 th Amendment Ratified February 7 th, 1795 Was in response to a court case (Chisholm v. Georgia) that ruled states could be sued in federal court This amendment established that states could only be sued in state courts The United States Supreme Court

21 12 th Amendment Both Thomas Jefferson (left) and Aaron Burr (right) had the same number of electoral votes in the election of 1800 Ratified June 15 th, 1804 Was in response to the disputed election of 1800 Required members of the electoral college to vote for president and vice president separately instead of casting two votes for president

22 13 th Amendment Abolished slavery throughout the United States Ratified December 6 th, 1865 The 13 th, 14 th, and 15 th amendments were passed following the Civil War and are known as the Reconstruction Amendments After his reelection in 1864, Abraham Lincoln made the passage of an amendment to end slavery a top priority

23 14 th Amendment Ratified July 9 th, 1868 Established that every person born or naturalized in the United States was a citizen Also established that all citizens are entitled to equal protection under the law

24 14 th Amendment The 14 th amendment also includes a due process clause that prohibits the government from depriving persons of life, liberty, or property without legal justification

25 15 th Amendment Former slaves voting in New Orleans Prohibits governments from denying the right to vote based on race, religion, or previous condition of servitude Previous conditions of servitude made it so former slaves could not be denied the right to vote because they had once been slaves Ratified February 3 rd, 1870

26 16 th Amendment Authorized a tax on income Overturned an 1895 Supreme Court decision that ruled income taxes were unconstitutional Ratified February 3 rd, 1913

27 17 th Amendment Established the direct election of United States Senators by the people The United States Senate chamber in 2010 Before the 17 th amendment, senators were elected by state legislatures

28 17 th Amendment The United States Senate chamber in 2010 A risk of corruption, electoral deadlocks, and lack of representation during vacancies led to the passage of the amendment Ratified April 8 th, 1913

29 18 th Amendment Established the prohibition of alcoholic beverages in the United States Declared the production, transportation, and sale of alcohol to be illegal Ratified January 16 th, 1919

30 18 th Amendment As a result of the 18 th amendment: Police, courts, and prisons were overwhelmed with new cases Organized crime and corruption grew The amendment would later be repealed

31 19 th Amendment Prohibits denying any citizen the right to vote based on their gender Gave women the right to vote nationwide Ratified August 18 th, 1920

32 20 th Amendment Known as the lame duck amendment Reduced the length of time between elections in November and the start date of presidential and congressional terms Barack Obama taking the oath of office

33 20 th Amendment Established January 3 rd as the date when congressional terms start and January 20 th as the date when presidential terms start Ratified January 23 rd, 1933 Barack Obama taking the oath of office

34 21 st Amendment Repealed the 18 th amendment, ending the nationwide prohibition on alcohol It is the only amendment to repeal another amendment Ratified December 5 th, 1933

35 Established presidential term limits Following Franklin D. Roosevelt s election to an unprecedented fourth term, the 22 nd amendment limited presidents to two terms in office Ratified February 27 th, nd Amendment Franklin Delano Roosevelt

36 23 rd Amendment Gave three electoral votes to citizens of Washington D.C. Prior to this amendment, Washington D.C. residents had been unable to vote for president Ratified March 29, 1961

37 24 th Amendment Prohibits federal and state governments from placing a poll tax or other type of tax on the right to vote Ratified January 23 rd, 1964 A 1917 receipt of payment for a poll tax

38 25 th Amendment President Richard Nixon would resign from office in 1974 Clarifies the succession procedure if the president is removed from office, dies, or resigns Confirmed that when a president dies, the vicepresident becomes the new president, rather than a vice-president acting as president

39 25 th Amendment The amendment also established that if the position of vice president becomes vacant, the president may appoint a new vice president Ratified February 10 th, 1967 President Richard Nixon would resign from office in 1974

40 26 th Amendment Lowered the voting age in federal and state elections to 18 Passed during the Vietnam War; 18 was the age at which men could be drafted for military service Ratified July 1 st, 1971

41 27 th Amendment Prevents members of Congress from receiving an increase in salary until after the next election has been held Was originally proposed as a part of the Bill of Rights on September 25 th, 1789 Ratified a record 202 years, 7 months, and 12 days after it was proposed on May 7 th, 1992