Constitutional Amendments

Amendment I Freedom of Religion, Speech, Press,

Petition and Assembly (1791) Protects the civil liberties

of AmericansRWE: Freedom to organize a meeting in your

home to protest a community curfew….

But that doesn’t mean you threaten your government with armed resistance

Amendment II Right to KEEP and BEAR Arms Often debated over two different meanings:

Founders established right to allow states to have militias.

Or, founders may have wanted to protect the right of individuals

to have weapons.

RWE:

Amendment III Quartering Troops

Right to privacy in your home Showed disgust with housing of British troops in

private homes.

RWE– Your family farm is NOT Used for military

Maneuvers

No Troops

allowed to live

HERE!

Amendment IV Searches and Seizures

“Reasonable cause” , deemed so by a judge Warrant issued upon probable cause

RWE Were the search and

seizure aspects of the

Patriot Act Constitutional?

Amendment V Rights of the Accused

1. Grand jury must formally charge a person with committing a crime

2. Person may be tried only once for a crime Double Jeopardy

3. May refuse to answer questions on the grounds that the answers may incriminate the accused

“I plea the Fifth” 4. Members of the Armed Services are subject to military law 5. Eminent Domain- Private Property may be taken for public use but

with “Just Compensation” RWE:

Amendment VI Right to a Speedy, Fair Trial Speedy = not being held in jail for punishment

prior to trial– not in jail waiting for 4 years for the trial

Public Trial– North Korea—citizens are “railroaded to prison”

Fair = Open to the public, and Jury hears evidence on both sides

Legal counsel must be provided for defendants If someone cannot afford a lawyer one will be provided for

them. (Public Defenders) RWE: Explain what part of Miranda warnings is this ……

You have the right to a

Speedy Fair Trial!

Amendment VII Civil Suits Common law, civil cases where a person is

suing another for more than $20 dollars a jury trial is provided.(or the defendant may ask for a judge) (Now it is @$1,400)- Money is different

RWE: Erin Brokovich – choice of Judge or Jury in a civil trial -Not just Judge Judy

on a bad day.

Amendment VIII Bail and Punishment Bail nor punishment will be excessive, cruel

or unusual RWE:

Amendment IX Powers reserved to the people Peoples’ rights are not limited to those

directly stated in the Constitution You have many other rights NOT listed in

the Constitution– RWE: Such as where to live, to marry or not, job you choose, etc.

Amendment X Powers reserved to the states Powers not assigned in the Constitution

(Fed) are reserved to the States or the people.

RWE: States do… Driver’s License, Marriage License etc.

Amendment XI Suits against states Law suits against states must be tried in

State Courts “Keep states disputes

out of Federal Court”

RWE #11 Indian Head Rock sits in a city maintenance garage in Portsmouth, Ohio

Amendment XII Election of President and Vice President Both are elected on the same “ticket”

Amendment XIII Abolition of Slavery “Reconstruction Amendments” Emancipation Proclamation couldn’t free ALL slaves as Property

RWE: #13 Several nations in Africa still trade slaves Question: Are Prisoners who’s labor is

purchased by contractors a form of slavery?

Amendment XIV (14) Rights of Citizens

1. Penalized the Southern States that refused all citizens the right to vote

2. Keep confederate leaders out of office3. Forbid payment of Confederate debts4. Ensured payment of Civil War debts

Citizenship defined All persons born in the United States, including

former slaves “Equal Protection of the Law”

#14 RWE Are ALL children born in the United States

naturalized citizens? Yes

Amendment XV (15) (1868)

Right to Vote Shall not be refused based on race, color,

servitude, income or intelligence

#15 RWE What about women? Could they vote in the

1800’s? Yes---- in some states. States like Wyoming with a lot of widower

cattle ranchers allowed women to vote as early as the 1870’s

Amendment XVI Federal Income Tax– (first passed by

Abraham Lincoln in the Civil War to pay for the heavy national war debt)

Amendment XVII Direct Election of Senators

1. People of each state voted directly on representatives

2. Vacancies were to be filled by the state governor until a new election

RWE: #17 Before the 17th Amendment…..

Senators were chosen by the state legislators--- This was seen by some as “the good ol’ boy system”

Today, they are elected directly by the people. Is this a good thing?

Amendment XVIII (18) Prohibition of Alcoholic Beverages

Prohibited the consumption, sale or transport of alcoholic beverages in the U.S.

RWE #18 The Temperance Movement

This was to lower crime in poverty stricken urban areas It was also perceived as an attack on urban German,

Italian and Irish Catholics in America. Cincinnati– German Breweries Closed What is “On the wagon, or Off the wagon” It led to….. More crime- bootlegers Speakeasies, Al Capone, Smugglers, etc.

Temperance Movement Wagons

Amendment XIX Women’s Right to Vote (1920) “Suffrage” Could NOT be prohibited

by the States.

#19 RWE States like Wyoming already allowed

women the right to Vote

Amendment XX “Lame Duck”

1. Shortened time between election of President and VP and inauguration (Election Nov.- Inauguration Jan. 20th instead of March)

2. New members of Congress elected in Nov. will hold their first session on Jan. 3rd

#20 Lame Duck- Stops Corruption What if an elected official (President) lost the election in

November and had all the way until March to stay in office– There would be NO Reason to do what is best for the people--- They would be “Self Serving”

They MUST answer to the people!!

Amendment XXI Repeal of Prohibition Amendment Only amendment used to

overturn another

amendment and to be

ratified by state conventions.

#21 But….. The Government collects...

Large Tax Revenues on these “Sin Taxes” Alcohol Gambling Tobacco

And…. Regulates these industries

Amendment XXII Presidential Term Limits Only 2 presidential terms can be served OR…. 10 total Years

The Precedent was set by the first President

George Washington--- The People wanted him to serve 2 terms but he wanted to be a citizen first- not a King

FDR– Franklin D. Roosevelt Served 4 terms until he died in 1945

Congress soon passed the 22nd Amendment after this

Amendment XXIII People living in Washington, D.C. have the

right to vote in Presidential elections Still without representation in Congress

#23 Protests in D.C. over representation

Is this Constitutional since D.C. was Carved out of 2 States in 1790?

Amendment XXIV Abolition of the Poll Tax Originally a tax paid to vote in elections in

Southern states

RWE #24-- Poll Taxes in the South Many people were poor sharecroppers

Amendment XXV Presidential Disability and Succession Vice President replaces President if he

dies, resigns or is impeached President appoints a VP if

there is a vacancy and it is

approved by congress.

RWE #25– Nixon Resignation Gerald Ford was the only President NEVER

ELECTED--- How?

Amendment XXVI Voting age 18 years old From 21

RWE #26 Why? In 1970--- A high school senior could be

drafted at age 18, go to Vietnam– serve 2 years of duty--- come home and NOT be old enough to Vote– Did this make sense?

Amendment XXVII Restraint of Congressional Salaries No congressional salary raises will take

affect until the next session.

#27 RWE Don’t you think Congress should be able to

vote themselves a Pay Raise? After all, they have the power of the purse!