The Bill of Rights & the 17 Amendments to the US Constitution

Amending the Constitution –Art. 5

Amending the Constitution Allowed by Article 5 of the Constitution Amendments may be proposed by:

› Congress (2/3 in both houses) National Convention (requested by 2/3 of

state legislatures) Amendments may be ratified:

› ¾ of all state legislatures special state convention in ¾ of all states

Bill of Rights Introduced by James Madison in 1789

by the request of Anti-federalists Came into effect in 1791 after ratified

by ¾ of the states Also known as the first 10 Amendments

to the Constitution

Amendment I Freedom of Religion (No gov’t

establishment of & free exercise) Freedom of Speech Freedom of Assembly (to meet) Freedom of the Press Freedom to Petition the

Government for redress of grievances

Amendment II Right to bear arms Right of States to maintain an

armed militia for its own protection

Amendment III No quartering of troops in any

house without the consent of the owner

Amendment IV Right to be free of search and

seizureYou may only be search or

arrested if the police have a warrant

Reinforced by the Exclusionary Ruledeveloped by the Supreme Court, disallowing as evidence anything obtained through a violation of the 4th amendment

Amendment V Cannot be tried for a serious federal crime without indictment from a Grand Jury No double jeopardy Right to remain silent (no self-

incrimination) Cannot be deprived of life, liberty or

property without due process Private property cannot be taken by

government without just compensation (eminent domain)

Amendment VI Right of the accused to a speedy and

public trial before an impartial jury Accused must be informed of charges and

have the right to cross-examine hostile witnesses

Right to require testimony of favorable witnesses (subpoena)

Right to be represented by an attorney at every stage of the criminal process

Amendment VII Right to a trial by jury in civil cases in

Federal court if the amount of money exceeds $20.

Right to a jury trial can be waived by both parties (bench trial—tried before a judge)

Amendment VIII Prohibits:

› Excessive bail› Excessive fines› Cruel & unusual punishment

Amendment IX Unenumerated rights The fact that many civil rights are

expressly set forth in the Constitution does not mean that there are not others retained by the people.

Amendment X Powers reserved for the people All powers the Constitution does not

grant to the federal gov’t & not expressly forbidden to the States belong to the the States and people of each State

Amendment XI -1795 States cannot be sued by another State

or foreign country or by citizens of otherStates or by its own residents.

Repealed part of Article III section II ofthe Constitution

Amendment XII -1804

Election of the President and Vice President

Changes part of Article II section 1 Each elector in the Electoral College casts

two ballots now: one for President andone for Vice President.

(Before, the person with the 2nd highest number of votes was elected Vice President)

Amendment XIII -1865

Forbids slavery or involuntary servitude inthe United States

-except as punishmentfor a crime.

Amendment XIV -1868 Defines citizenship

› Any person who is born or naturalized in the U.S.› You are a citizen in the state where you live.

No State shall deprive a U.S. Citizen of life,liberty or property, without due process of law.

No State shall deny to any person equal protection of the laws.› Removes the 3/5 clause from Article I Section II

Amendment XV -1870 No one can be denied the right to

votebecause of race, color or “previouscondition of servitude.”

Amendment XVI -1913

Creates federal Income Tax› Before this amendment, only the states could tax an individual’s income

Amendment XVII -1913 Senators elected by popular vote

instead of by State legislatures If vacancy occurs, governor must call a

special election.› The governor may appoint a replacement

for the remainder of the term if the state legislature authorizes that step.

Amendment XVIII -1919

Prohibition of the production, possession, sale, distribution and importation of intoxicating liquors

Later repealed by the 21st amendment

Only amendment to be repealed

Amendment XIX -1920 Women’s vote – Right to vote

cannot bedenied on the basis of sex.

Amendment XX -1933 Changes date for start President’s/VP’s

term to Jan 20th Moved start of Congress’ term to

January 3rd

Lame Duck Amendment

Amendment XXI -1933 Repeal of the 18th Amendment (End of

Prohibition)

Amendment XXII -1951 Two term limit for President If President succeeded to the

Presidency in the last half of the previous presidency, maximum term limit 10 years.

Amendment XXIII -1961

Added Presidential Electors for the District of Columbia –Washington D.C.

Maximum the same number of Electors for the least populous State (3)

Amendment XXIV -1964

No one may be denied the right to vote in any federal election for not paying any poll tax or other tax.

Amendment XXV -1967

Provision for presidential succession Provided for the replacement of the V.P. when

there is a vacancy. (President nominates, subject to majority

vote of both Houses of Congress President can make written declaration to

Senate pro tem and Speaker of the Housethat he is incapacitated, temporarilyrelieved by Vice President until he deliversrescindment letter.

Amendment XXVI -1971

Voting age reduced from 21 to 18› A State may enact a lower age to

vote.

Amendment XXVII -1992

Limits Congress’ control over its wages bydelaying implementation of any increase until after the next regular Congressional election.