• Amendments to the United States Constitution

• The Bill of Rights First 10 Amendments

Scope of Federal Government Power 11th and 16th Amendments

• Federal Elections and Terms 12th, 17th, 20th, 22nd, and 25th Amendments

• Civil War Amendments 13th, 14th and 15th Amendments

• Suffrage Amendments 15th, 19th, 23rd, 24th and 26th Amendments

• Prohibition - 18th and 21st Amendments

Amendment 1. Guarantees our 5 GREAT BASIC FREEDOMS5 GREAT BASIC FREEDOMS. [“Civil Liberties” or freedom of expressions are the keystone of individual freedomkeystone of individual freedom.

a. Freedom of ReligionFreedom of Religion or not to have a religion. People may worship or not worship as they please.

The government cannot favor one religion over another [separation of church and State – no prayers or devotional reading from the Bible in school.]

b. Freedom of Freedom of speechspeech – this freedom is restricted if it harms others. We have laws against slanderslander [spokenspoken] or libellibel [written statementswritten statements] intended to damage one’s reputation.

Speech that offends the moral senseoffends the moral sense [obscenityobscenity] of others or speech that endangers the safety of the nation [military secrets] may be punished.

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c. Freedom of the PressFreedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazines. This freedom also protects our right to know. Obscenity cannot be sent through the mail but may be viewed in the privacy of your own house. There can be no no prior restraintprior restraint –stopping the spreading of news before they are published or broadcast.

d. Right to assembleRight to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful.

e. Right to petition government officialsRight to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.

Amendment 2. Right To Keep And Bear ArmsRight To Keep And Bear Arms The purpose was to prevent Congress from denying

States the right to have a militia of armed citizens. The States and federal government can regulate the possession and use of firearms by individuals.

Amendment 3. No Quartering of Troops In HomesNo Quartering of Troops In Homes This is absolute during peacetime; limited during wartime.

Amendments 4-8 protect the individual in dealing with the police and courts.

Amendment 4. Limits The Conditions Under Limits The Conditions Under Which Police May Search for and Seize Which Police May Search for and Seize Evidence Evidence and and People People [Privacy Amendment] [Privacy Amendment]

A. No “Fishing Expeditions”“Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause].

B. In most cases, a search or arrest warrantwarrant will be necessary. The warrant must describe the specific placespecific place to be searched and the persons or things to be seizedpersons or things to be seized.

C. A police officer may chase a suspect into his house may chase a suspect into his house & not secure a warrant& not secure a warrant (this would be probable cause).

D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be unlawful search or seizure cannot be used used at theat the trial trial. [Exclusionary Rule–has to be excludedexcluded]

Amendment 5. Rights of Accused Persons [5-8 have to do with “rights of the accused”“rights of the accused”]

A. A person can be triedcan be tried for a serious crimefor a serious crime only if he has been accusedaccused of of that crime by a grand jurythat crime by a grand jury.

B. No one may be tried twice tried twice for the for the same offensesame offense. [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense]

C. No one may be forced to testify against himselftestify against himself or his spouse. You don’t have to answer questions by the police or the courts. [Plead the “5Plead the “5th”th”]

D. No one can be deprived of life, liberty, or property without due process of lawdue process of law [fair and equal treatment under the law].

E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT EMINENT DOMAINDOMAIN [taking property for taking property for public use public use], it must pay a fair price.

New Cowboys stadiumNew Cowboys stadiummeant property losses.meant property losses.

So, if the jury foreman says?So, if the jury foreman says? There will be no 2There will be no 2ndnd trial. trial.

Can city officials who want to redevelop an area with pricey townhouses and an upscale mall, that is “promote “promote economic development” economic development” in a “distressed” “distressed” community?

In Kelo(Susette) v. City of New London[Connecticut] [2005], the justices decided, by a 5 to 4 majority, that the Constitution allows the government to seize property, not only for “public use” “public use” such as building highways, but also to “promote economic development” “promote economic development” in a “distressed “distressed community”community”. [Even though they didn’t think their community was distressed].

Amendment 6. Right To A Speedy TrialRight To A Speedy Trial

A. IMPARTIAL JURYIMPARTIAL JURY. You do not have to use a jury and can have the case transferred if it has received too much publicity.

B. Right to be told what crime told what crime you are accused of you are accused of.

C. Right to hear and question all witnessesquestion all witnesses against you.

D. The right to compelright to compel [require their testimony] witnesses to appear at a trial to tell your side of the story.

E. Right to a lawyer.Marcia ClarkMarcia Clark

Amendment 7. Jury Trial In Civil Cases [not a criminal matter – but where one person sues another] Applies to all disputes in excess of $20disputes in excess of $20.

Amendment 8. No Excessive Bail or FinesNo Excessive Bail or Fines, or

“Cruel and Unusual Punishment”“Cruel and Unusual Punishment” [like torture and beheading] [The Court of Military appeals has abolished an old Navy punishment of 3 days on bread and waterbread and water as both cruel and unusual]

Tar and Tar and Feathering Feathering TheThe

““Rack” Rack”

Amendment 9. Unenumerated RightsUnenumerated Rights – The Constitution does not describe all of our rights. This amendment guarantees those fundamental rights not those fundamental rights not enumeratedenumerated. Courts can’t define all your rights

but that doesn’t mean you don’t have them.

Amendment 10. Limits The Power Of The Federal Limits The Power Of The Federal GovernmentGovernment. Powers not granted to the U.S., nor prohibited to it by the States are given to the States or the people. But what are they? State and federal governments have fought over what this means. In 1860, Southern States thought they had the right to quit the Union, starting the Civil WarCivil War. The Union victory cemented the supremacy of federal powersupremacy of federal power.

Both the 9th and 10th Amendments echo the theory of the social echo the theory of the social contractcontract; if the people have not agreed to delegate the powers, people still have them.

As people put the Constitution into practice, they found that the machinery of government did not work exactly the way its did not work exactly the way its designers had expected designers had expected. Slight changes were madechanges were made in the 11th and 12th Amendments.

Amendment 11. [1798] Removed From The Federal Courts Removed From The Federal Courts All Lawsuits By Individuals Against States. All Lawsuits By Individuals Against States.You can bring suit against any State by introducing the case in the courts of the State that is being sued.

Amendment 12. [1804] Changed The Electoral system Changed The Electoral system For Choosing The President & Vice President. For Choosing The President & Vice President.Originally, there was no distinction between candidates for president and vice president.

Civil WarCivil War Amendments Amendments – 13, 14, & 15 – wiped out slavery.

[13 – freedfreed the slaves; 14 – gave citizenshipcitizenship; 15 – gave right votevote]

Amendment 1313. [1865] Banned Slavery and Banned Slavery and Involuntary ServitudeInvoluntary Servitude.

Amendment 1414. [1868] Guaranteed Citizenship to Guaranteed Citizenship to the Freed slaves and Guaranteed Their Rights the Freed slaves and Guaranteed Their Rights..All citizens were to get “Due Process”“Due Process” [now was applied to the States] and “Equal Protection” of the laws.

Amendment 1515. [1870] Guaranteed The right Of Freed Guaranteed The right Of Freed Slaves To Vote Slaves To Vote.

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Amendment 1616. [1913] Income Tax Laws are LegalIncome Tax Laws are Legal.

Amendment 1717. [1913] Senators Will Be Elected By People, Senators Will Be Elected By People, Not LegislaturesNot Legislatures.

Amendment 1818. [1919] ProhibitionProhibition [Prohibited the manufacture, sale, or transportation of alcoholic beverages]

A. Prohibition didn’t stop drinkingProhibition didn’t stop drinking, or people from making and selling beer, wine, or whisky.

B. BootleggersBootleggers became rich by selling illegal liquor and bribing government officials. [In 1933, it was canceled by the 21st Amendment]

[This attempt to make public policy was a disasterdisaster. It lasted for 14 years (1919-1933). GangstersGangsters bootlegged liquor; people died from drinking homemade booze; and millions broke the law by drinking anyway.]

Amendment 1919. [1920] Women’s SuffrageWomen’s Suffrage [Right to votevote] In 1972, 218 women from 26 States were arrested for picketing the White House. 100 went to jail, some for months. Hunger strikes followed. The movement had began in 1873 by Susan B. Anthony.

Women had been voting in some State and local elections since 1869.

It took 133 years for women 133 years for women to get to vote to get to vote in national elections.

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UT studentUT student

Amendment 20. [1933] “Lame Duck Amendment”Lame Duck Amendment” A. Set new dates for the startstart of of termsterms for

Congress [January 3, instead of the first Monday of December following the election] and for the inaugurationinauguration of the President and Vice President [January 20, instead of March 4]

B. Defeated candidates were called “Lame Ducks”“Lame Ducks” suggesting that their political wings had been clipped. This shortened the time they could remain in office.

Amendment 21. [1933] Repealed Repealed the the 1818thth Amendment Amendment [Prohibition]

Amendments 22–26 deal with the presidency and with presidential elections.

Amendment 22. [1951] Two-term Limit For Two-term Limit For Presidents or Not More Than 10 YearsPresidents or Not More Than 10 Years.

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Amendment 23. [1961] Presidential Electors For Washington DCPresidential Electors For Washington DC.

A. People living in the nation’s capital could not vote in previous national elections.

B. This gave them 3 members of the Electoral College, the same number elected by each of the less populous States. They now could vote.

Amendment 24. [1964] Poll Tax Banned In Federal ElectionsPoll Tax Banned In Federal Elections A. Five States were still requiring a fee to vote.

Many thought this was discriminatory.

B. Poll taxes were banned in State and local elections in 1966. [It violated the “equal protection clause” of the 14th Amendment]

Amendment 25. [1967] Presidential Disability and SuccessionPresidential Disability and Succession A. Vice President SuccessionVice President Succession – President nominates a Vice

President and a majority of both houses must approve.

B. Presidential DisabilityPresidential Disability – this is decided by the Vice President & a majority of the Cabinet. They send a written proclamation to the President pro tempore of the Senate and the Speaker of the House. The Vice President takes over as acting President. When the president recovers, he sends a written declaration to the same officials. If there is a disagreement over his recovery, the Vice President and Cabinet sends a new declaration within 4 days of the President’s. Congress must decide by a 2/3 vote within 21 days.

AMENDMENT 24: ABOLITION OF POLL TAXES - 1964

• The right of United States citizens to vote in Presidential and Congressional elections will not be denied by reason of failure to pay any poll tax or other tax

1942 cartoon critical of Poll Tax

Amendment 2626. [1971] Voting Age is Lowered To 18Voting Age is Lowered To 18.

Who cannot voteWho cannot vote? [the insane, criminals and those dishonorably discharged from the armed forces]

Amendment 27. [1992] Congressional PayCongressional Pay.

No law changing the compensationchanging the compensation for the services of the Senators Senators and Representativesand Representatives, shall take effect, until an election of Representatives shall have intervened.

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TODAY’S CONSTITUTIONAL ISSUES

• Gun Control and the 2nd Amendment

• Death Penalty and Cruel and Unusual

• Prayer in Schools 1st Amendment

• Censorship & Free Speech• Terrorism and Seize and

Seizure rules – 4th• Term Limits for Congress• Campaign finance reform• Abortion and Due Process

rights – 5th