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 1 st 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 2 nd 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 3 rd Amendment Quartering Troops (1791) Right to privacy in one s home Private citizens do not have to house troops
4th Amendment 4 th 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 5 th 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 6 th 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 7 th 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 8 th 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 9 th 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 10 th Powers Reserved to the States (1791) All powers not granted to the national government belong to the States
11th Amendment 11 th 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 12 th Amendment Election of President and Vice President (1804) Changed procedure to elect President and Vice President
13th Amendment 13 th 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 14 th 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 15 th 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 16 th Amendment Income Tax (1913) Congress can levy an income tax
17th Amendment 17 th Amendment Direct Election of Senators (1913) Senators elected by voters of each state Special election or government (Governor) appointment if vacancy
18th Amendment 18 th Amendment Prohibition (1919) Citizens cannot produce, transport alcohol in the United States Overturned by 21 st Amendment
19th Amendment 19 th Amendment Woman Suffrage (1920) Women have the right to vote
20th Amendment 20 th Amendment Lame Duck Amendment (1933) Shortened time between presidential election and inauguration; March 4 th to January 20th End lame-duck sessions of Congress; Congress hold its first session soon after the November election on January 3 rd 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 21 st Amendment Repeal of Prohibition Amendment (1933)
22nd Amendment 22 nd 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 23 rd Amendment Presidential Electors for the District of Columbia (1961) 3 electoral votes for D.C.
24th Amendment 24 th Amendment Abolition of the Poll Tax (1964)
25th Amendment 25 th 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 26 th Amendment Eighteen Year Old Vote (1971)
27th Amendment 27 th 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.