The Constitution, The Constitution, Bill of Rights Bill of Rights

& Other Amendments:& Other Amendments:A SummaryA Summary

Cliffs Quick Review, American GovernmentCliffs Quick Review, American GovernmentSofer, Hoffman and VossSofer, Hoffman and Voss

Wiley Publishing, Inc. 2001Wiley Publishing, Inc. 2001

Summary of the Summary of the ConstitutionConstitution

The Constitution was a The Constitution was a sparse document, providing sparse document, providing few details about how the few details about how the U.S. government would run U.S. government would run itself. It explained the itself. It explained the rough organization of the rough organization of the three branches, how they three branches, how they would interact with the would interact with the states, and how the states, and how the document could be document could be amended. Filling in the amended. Filling in the details was left to future details was left to future leaders.leaders.

(if they are unconstitutional.)

Preamble: The opening statement which lists the six goals for writing the

Constitution.

for the

the

Article IArticle I The longest article in the Constitution vests legislative The longest article in the Constitution vests legislative

power in the Senate and the House of Representatives. power in the Senate and the House of Representatives. It describes the organization of Congress and lists its It describes the organization of Congress and lists its specific powers, known as specific powers, known as enumeratedenumerated or or delegated delegated powerspowers. Through the . Through the necessary and proper clausenecessary and proper clause (also (also called the called the elastic clauseelastic clause), Congress can make laws ), Congress can make laws needed to carry out its enumerated powers. Article I needed to carry out its enumerated powers. Article I also lists the powers denied to Congress and the states.also lists the powers denied to Congress and the states.

Article IIArticle II This article deals with the executive branch and describes This article deals with the executive branch and describes

the election of the president and vice president, the the election of the president and vice president, the qualifications for holding the office, and the procedures if a qualifications for holding the office, and the procedures if a president can no longer serve. The powers of the president can no longer serve. The powers of the president include serving as commander in chief of the president include serving as commander in chief of the army and navy, making treaties, and with the “advice and army and navy, making treaties, and with the “advice and consent of the Senate,” appointing ambassadors, officials, consent of the Senate,” appointing ambassadors, officials, and Supreme Court justices. The president is required to and Supreme Court justices. The president is required to periodically report to Congress on the state of the union, periodically report to Congress on the state of the union, can propose legislation, and can call Congress into special can propose legislation, and can call Congress into special session.session.

Article IIIArticle III

This article establishes the Supreme Court and This article establishes the Supreme Court and authorizes Congress to establish lower federal authorizes Congress to establish lower federal courts. The types of cases the courts have courts. The types of cases the courts have jurisdiction over are given, and a provision is jurisdiction over are given, and a provision is made for the right to trial by jury. While not made for the right to trial by jury. While not specifically stated, the power of the courts to specifically stated, the power of the courts to declare a law unconstitutional is implied.declare a law unconstitutional is implied.

Article IVArticle IV The The full faith and credit clausefull faith and credit clause requires that the requires that the

legislative and judicial actions of one state be honored legislative and judicial actions of one state be honored by the other states. Additionally, a citizen of any state by the other states. Additionally, a citizen of any state has the same privileges as citizens of all the other has the same privileges as citizens of all the other states. Article IV also provides for adding new states to states. Article IV also provides for adding new states to the union, guarantees each state a republican form of the union, guarantees each state a republican form of government, and ensures protection against invasion or government, and ensures protection against invasion or domestic violence.domestic violence.

Article VArticle V

The process for amending The process for amending the Constitution is the Constitution is described. The states are described. The states are responsible for ratifying responsible for ratifying amendments.amendments.

Article VIArticle VI

The Constitution, the laws of the United States, and The Constitution, the laws of the United States, and treaties entered into by the United States are the treaties entered into by the United States are the supreme law of the land. This is known as the supreme law of the land. This is known as the supremacy clause.supremacy clause.

Article VIIArticle VIIApproval by conventions of nine states Approval by conventions of nine states

was required to ratify the Constitution.was required to ratify the Constitution.

Congress proposed 12 amendments in September Congress proposed 12 amendments in September 1789; three-fourths of the states approved ten of 1789; three-fourths of the states approved ten of them in December 1791, creating the Bill of them in December 1791, creating the Bill of Rights.Rights.

The Declaration of rights is like all other human blessings alloyed with some inconveniences...But the good in this

instance vastly outweighs the evil."  

"If we cannot secure all our rights, let us secure what we can."

Letter from Jefferson to James Madison, dated March 15, 1789

Amendment I prohibits the establishment of a Amendment I prohibits the establishment of a state religion and protects freedom of the press state religion and protects freedom of the press and speech and the rights to assemble and and speech and the rights to assemble and petition the governmentpetition the government

Amendment II guarantees the right to keep and Amendment II guarantees the right to keep and bear arms in the context of a state militia.bear arms in the context of a state militia.

New York State Militia 1861

Now Called The National Guard

Amendment III prohibits the stationing of troops in Amendment III prohibits the stationing of troops in homes without consent.homes without consent.

Two-hundred-thirteen years later, when Sgts. Matthew Friedline, left, and Greg Gittner prepared to deploy to Fort Dix, N.J., in response to the terrorist crisis, nobody thought for a moment about posting them with an area family. The Army reservists bivouacked at the Crowne Plaza Hotel at Pittsburgh International Airport

Amendment IV Protects against unreasonable searches Amendment IV Protects against unreasonable searches and seizures and requires and seizures and requires probable cause probable cause for search for search warrants.warrants.

Amendment V establishes a Amendment V establishes a grand jury grand jury to bring to bring indictments in capital or serious cases, protects against indictments in capital or serious cases, protects against double jeopardy double jeopardy ( a person cannot be tried twice for the ( a person cannot be tried twice for the same crime) and same crime) and self-incriminationself-incrimination (individuals cannot be (individuals cannot be forced to testify against themselves), and guarantees forced to testify against themselves), and guarantees due due process process and and eminent domain eminent domain (compinsation must be paid (compinsation must be paid for the private property taken for public use).for the private property taken for public use).

Amendment VI guarantees the right to a speedy Amendment VI guarantees the right to a speedy trial by an impartial jury in criminal cases, and to trial by an impartial jury in criminal cases, and to be informed about charges, and to have be informed about charges, and to have representation by counsel.representation by counsel.

Amendment VII provides for trial by jury in most Amendment VII provides for trial by jury in most civil cases. civil cases.

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.

Amendment VIII prohibits excessive bail or Amendment VIII prohibits excessive bail or

fines and cruel and unusual punishments.fines and cruel and unusual punishments.

Amendment IX does not deny people the rights Amendment IX does not deny people the rights not specifically mentioned in the Constitution.not specifically mentioned in the Constitution.

Amendment X gives to the states of the people Amendment X gives to the states of the people powers not granted to Congress or denied to the powers not granted to Congress or denied to the states.states.

Subsequent Amendments to Subsequent Amendments to the Constitutionthe Constitution

Since the enactment of the Bill of Rights, the Since the enactment of the Bill of Rights, the amendment process has been used sparingly. While amendment process has been used sparingly. While numerous amendments have been proposed in numerous amendments have been proposed in Congress, only a handful have gone to the states for Congress, only a handful have gone to the states for action. An additional 17 amendments to the action. An additional 17 amendments to the Constitution have been ratified over the last 200+ Constitution have been ratified over the last 200+ years. years.

Xl 1798 A state can Xl 1798 A state can not be sued by not be sued by individual’s in another individual’s in another statestate

XII 1804 Electors cast XII 1804 Electors cast separate votes for separate votes for president and vice president and vice presidentpresident

VS

president vice president

XIIIXIII 1865 Slavery 1865 Slavery abolishedabolished

XIVXIV 1868 Due process and 1868 Due process and

equal protection of the law equal protection of the law given to all persons born or given to all persons born or naturalized in the U.S.naturalized in the U.S.

XVXV 1870 Right to vote 1870 Right to vote cannot be denied because of cannot be denied because of race, color, or previous race, color, or previous condition of slavery condition of slavery

XVIXVI 1913 Federal 1913 Federal income tax established income tax established

XVII 1913 Direct election XVII 1913 Direct election

of Senators of Senators

XVIII 1919 ProhibitionXVIII 1919 Prohibition

XIX 1920 Women XIX 1920 Women given the right to votegiven the right to vote

XX 1933 Dates of XX 1933 Dates of presidential presidential inauguration and inauguration and opening of Congress opening of Congress

XXI 1933 Prohibition XXI 1933 Prohibition repealedrepealed

XXII 1951 President XXII 1951 President Limited to two termsLimited to two terms

XXIII 1961 Citizens of XXIII 1961 Citizens of District of Columbia District of Columbia given right to vote for given right to vote for presidentpresident

XXIV 1964 Prohibits XXIV 1964 Prohibits poll tax for voting poll tax for voting

D.C. hold 1st presidential vote.

XXV 1967 Succession XXV 1967 Succession of president or vice of president or vice presidentpresident

XXVI 1971 Minimum XXVI 1971 Minimum voting age set at 18voting age set at 18

XXVII 1992 Limits on XXVII 1992 Limits on when pay raises for when pay raises for members of Congress members of Congress can be enacted can be enacted (originally proposed (originally proposed Sept. 25, 1789)Sept. 25, 1789)

What amendments to the What amendments to the Constitution have people tried to Constitution have people tried to have passed in recent years, but have passed in recent years, but failed to do so?failed to do so?

WASHINGTON, June 27, 2006 — A proposed WASHINGTON, June 27, 2006 — A proposed Constitutional amendment to allow Congress to Constitutional amendment to allow Congress to prohibit desecration of the flag fell a single vote prohibit desecration of the flag fell a single vote short of approval by the Senate on Tuesday, an short of approval by the Senate on Tuesday, an excruciatingly close vote that left unresolved a excruciatingly close vote that left unresolved a long-running debate over whether the flag is a long-running debate over whether the flag is a unique national symbol deserving of special legal unique national symbol deserving of special legal

standing.standing. Resolution seeking to outlaw flag burning

Thursday, July 15, 2004Thursday, July 15, 2004 WASHINGTON (CNN) -- WASHINGTON (CNN) --

Efforts to pass a Efforts to pass a constitutional constitutional amendment that would amendment that would effectively ban same-effectively ban same-sex marriage failed in sex marriage failed in the Senate Wednesday the Senate Wednesday afternoon, but afternoon, but supporters vowed to supporters vowed to keep fighting for the keep fighting for the measure.measure.

The Equal Rights Amendment (ERA)The Equal Rights Amendment (ERA)The ERA's first section states "Equality of rights under The ERA's first section states "Equality of rights under the law shall not be denied or abridged by the United the law shall not be denied or abridged by the United States or by any State on account of sex." It was States or by any State on account of sex." It was intended to place into law the equality of men and intended to place into law the equality of men and women. It was sent to the states in March, women. It was sent to the states in March, 19721972. The . The original seven year deadline was extended to ten years. original seven year deadline was extended to ten years. It expired unratified in 1982.It expired unratified in 1982.

Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

The Washington DC Voting Rights The Washington DC Voting Rights AmendmentAmendmentGranted the citizens of Washington DC the same Granted the citizens of Washington DC the same full representation in Congress as any state, and full representation in Congress as any state, and repealed the 23rd Amendment granting the repealed the 23rd Amendment granting the District votes in the Electoral College (since it District votes in the Electoral College (since it would have been moot). Proposed in would have been moot). Proposed in 19781978, it , it

expired unratified in 1985.expired unratified in 1985.

AssignmentAssignment Now you propose a new amendment for the Constitution Now you propose a new amendment for the Constitution

that establishes a critical “right” not currently protected that establishes a critical “right” not currently protected by the document and explain why this “right” ought to by the document and explain why this “right” ought to be protected.be protected.

The EndThe End