The Amendments

Amending the Constitution

• Two ways to propose.

1. Pass Congress with 2/3rds vote

2. Call for Constitutional convention by 2/3rds of states

• Two ways to ratify

1. Pass 3/4ths of state legislatures

2. 3/4ths states in National Convention

19th Amendment History

• Women’s suffrage

History

• The Constitution was written in the summer of 1787.

• Before the Constitution could be adopted it had to be ratified by the states.

• The biggest concern was the lack of protection against the government

• James Madison promised that a “Bill of Rights” would be added after the Constitution was ratified.

• That promise helped to get the Constitution ratified.

• The first 10 amendments to the Constitution, known as the “Bill of Rights” , were ratified in December of 1791.

• The rights are designed to protect the people from the government.

First Amendment

• First Amendment: 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.

Second Amendment

• Second 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.

Third Amendment

• Third Amendment: No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Fourth Amendment

• Fourth Amendment: The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What does the 4th Amendment protect?

• Privacy

• It protects our persons, houses, papers and effects against unreasonable searches and seizures.

Reasonable Expectation of Privacy

• This applies to everywhere in which we can reasonably expect to have privacy

• Homes, phone calls, cars, backpacks, etc.

• It is an unreasonable search if a person has a reasonable expectation of privacy and the government lacks probable cause.

• Drug dog “sniff”

• Garbage?

What is probable cause?• A good reason to believe that a crime has

been committed or there is evidence to be found.

• More than a hunch but less than absolutely sure.

• Must be something articulable

• articulable : capable of being expressed, explained, or justified

What is Reasonable Suspicion?

• More than nothing but less than probable cause

• Enough to investigate further and can hold someone for a limited amount of time.

• Not enough to search

Exclusionary Rule

• Any evidence obtained illegally can’t be used in court.

What is a warrant?

• A warrant is permission from a judge to search

What must a warrant include?

• “What” is being searched for and “Where” police can search

when is a warrant needed?

• A warrant is always needed to search a home

How do police obtain a warrant?

• Police present probable cause to a judge and that judge then grants a warrant.

4th Amendment in Schools

• Schools fall under to doctrine of “In loco Parentis” which means “In place of the parents”

• For many years the thought was If parents can search a student then so can school officials; school officials were not bound by the 4th Amendment.

Student Search Cases

New Jersey v. TLO (1985)

• Allowed students to be searched by school officials with reasonable suspicion.

• Probable Cause is not required

• Searches can’t be “excessively intrusive in light of the age and sex of the student and the nature of the infraction”

Using the TLO and other knowledge, determine if the

following searches were legal.

Scenario #1

• Police do a drug dog sniff of cars in the high school parking lot. After a dog gets a “hit” on a car police search it, finding marijuana. The student was arrested.

Scenario #2

• A book bag was left in the commons after school was out. A janitor opened the bag and found a handgun along with papers that identified the owner of the book bag. The student was arrested for the having a gun in school.

Scenario #3

• During class a cell phone rings. The teacher asks for the phone and the student takes the phone out of her bag and gives it to the teacher. The teacher looks at the recent calls to determine who the call came from. Was this search legal?

Scenario #4

• A teacher is on following Twitter and sees that a student is setting up drug sales at school. The Tweet said: “Be in locker room 5th with $ for weed”. Based on that information, the male student was searched by the female principal when he came to school the following day. The search revealed marijuana in the pocket of his jeans. Was this search legal?

Scenario #5

• A student was caught texting during a test. The teacher took the phone away. The teacher then read the texts that were sent and received during class. The texts indicate that the student is sending questions from the test to a student in another section of the class. Both student were punished. Was this search ok?

Scenario #6

• A student is caught texting in class and the teacher takes away the phone. After class the teacher looks through the pictures and videos on the phone and finds pictures and video the clearly show the student consuming alcohol at a party the previous weekend. Because the student is in football the student is suspended from the team. Was this search legal?

Scenario #7

• A teacher is grading papers at his desk as students are working in a study hall. A phone goes off and when the teachers looks up he sees a student quickly reach into his bag, the ringing stops. The teacher asks for the phone but the student refuses so the teacher takes the bag and searches it. No phone was found but a note threatening another student was. The student was disciplined for the note.

Safford Unified School Dist. V. Redding (2009)

• Searches can’t be “excessively intrusive” in light of the age and sex of the student and the nature of the infraction”

• Backpack?

• Outer Clothing?

• Strip Search?

Fifth Amendment

• Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

What is meant by indictment of a grand jury?

• Indictment is an official charge

What is double jeopardy?

• A person can’t be tried twice for the same crime

What does “witness against yourself” mean?

• A defendant can never be forced to answer questions by police or even in court

• Confessions can’t be coerced• Coercion: the use of express or implied

threats of violence or reprisal or other intimidating behavior that puts a person in immediate fear of the consequences in order to compel that person to answer questions

Why are the Miranda Rights required?

• Miranda v Arizona (1966)

When must you be informed of your Miranda Rights?

• Custody + Questioning = Miranda

• If Miranda rights weren’t read under these circumstances the police would lose the right to use WHAT YOU SAID.

• It doesn’t mean you are free to go.

What does “nor be deprived of life, liberty, or property without due

process of law” mean?

• Due process means that the government followed all the established rules

• Also means that the laws themselves must be fair

What does “nor shall private property be taken for public use

without just compensation” mean?

Eminent Domain

• The right of a government over the lands within its jurisdiction

• Two key elements – Public Use– Just compensation

Eminent domain

• Kelo v. City of New London (2005)

• City could take private land to sell to other private parties who will build because it will increase the tax revenue.

• The Supreme Court ruled it is allowed because it is for the “public good”

Sixth Amendment

• Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

6th Amendment Rights

• Speedy trial• Public Trial• Local trial• Impartial Jury• Informed of charges• Confront witnesses against us• Compulsory process• Assistance of Counsel

Gideon v Wainwright (1963)

Seventh Amendment

• Seventh Amendment: In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Eighth Amendment

• Eighth Amendment: Excessive Bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

What is bail and when is it excessive?

• Bail is money an arrested person pays for the right to leave jail.

• The purpose of bail is to get the defendant to return to trial.

How has cruel and unusual punishment been defined by the

courts?• If punishment “Shocks the Conscience of

the civilized world”

The Death Penalty and the 8th Amendment

How do we determine if a method of execution is cruel and unusual?

• If it does more than “merely extinguish the life”

• If it causes pain and then suffering.

Major Supreme Court decisions on the Death Penalty

• Furman v Georgia (1972)– Put into modern era

• Coker v. Georgia (1976)– Only for murder (not rape)

• Ford v. Wainwright (1986)– Can’t execute mentally insane

• Atkins v. Virginia (2002)– Can’t execute mentally retarded– Intellectually and developmental disabled

• Roper v. Simmons (2005)– Can’t execute a person if they were a juvenile when they

committed the crime

• Death penalty facts

• Death penalty chart

Non Death Penalty

• Prisons must have a minimum standard of care, conditions and protection.

Ninth Amendment

• Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

9th Amendment

• Means we have more rights than are listed in the Bill of Rights.

Tenth Amendment

• Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

10th Amendment

• Means that powers not given to the federal government are reserved for the states.

• Is the basis for Federalism.

Voting Amendments

Amendments 15, 19, 24 & 26

15th Amendment (1870)

• Voting can’t be denied because of race, color or previous condition of servitude (slavery)

• Also gave congress the power to enforce this through appropriate laws

• (Voting Rights Act of 1965)

24th amendment (1964)

• States can’t have poll taxes or other taxes that are used to prevent voting.

19th Amendment (1920)

• Can’t be denied the right to vote because of sex (gave women the right to vote)

26th Amendment (1971)

• Changed the voting age to 18 years of age.

Amendments 12, 22, 23, and 25

12th Amendment (1804)

• Cleared up some questions with the Electoral college– Electors vote to President and Vice President

separately.

• Changed the HR would choose from top 3 vote getters instead of top 5 if no majority is reached.

22nd Amendment (1951)

• Set term limits for the President (2 terms)

• Set maximum years a person could be President at 10

23rd Amendment (1961)

• Gave Washington D.C. 3 electoral votes

• (same amount as the smallest state)

25th Amendment (1967)

• Clears up some questions on Presidential succession

• VP takes over if President can’t fulfill duties.

• New President must appoint a new VP

• Specifics on how the position is filled if President is still alive.

Amendments 17, 20 & 27

17th Amendment (1913)

• Changed how we choose senators to an election by the people. (They had previously been appointed by state legislatures)

• Also cleared up how to fill vacancies in the senate.

20th Amendment (1933)

• Purpose of this amendment was to shorten the time between the election and when those elected officials take office– Starting date for new congress as Jan. 3rd

– Starting date for new President as Jan. 20th – Also, if the President elect dies before taking

office the VP elect is the new President.

27th Amendment (1992)

• Congressional raises don’t go into effect until the next congressional election.

The Rest

• Amendments 11, 13, 14, 16, 18 & 21

11th Amendment (1795)

• A lawsuit of a citizen or foreign nation against a state must be tried in the state, no federal court.

13th Amendment (1865)

• Ended slavery

14th Amendment (1868)

• Established that born in the US was an American citizen

• Dealt with some debt incurred during the Civil War

• Most importantly, it applied the Bill of Rights to the states

16th Amendment (1913)

• Allowed congress to pass an income tax.

• (this originated because in 1895 the Supreme Court declared a federal income tax unconstitutional)

18th Amendment (1919)

• Prohibition of alcohol

21st Amendment (1933)

• Repealed the 18th amendment (ended prohibition)