Unit 3, Part 2 U.S. Government

� � As soon as we ratified the U.S. Constitution ratified,

people began to discuss changing it. � Luckily, Article 5 set up a process for changing (or

AMENDING) the Constitution. In our history, we have ratified 27 Constitutional Amendments.

� According to the Article 5, there are 4 ways to amend the constitution (but we have only ever used two of the ways)

The Amendment Process

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4 Ways to Amend the Constitution

� � The first guys who wanted to change the U.S.

Constitution were the ANTI-FEDERALISTS. � They were worried that the Constitution didn’t

specifically list the people’s rights that the government couldn’t take away from them. They wanted these put in writing.

� These essential rights are explained in the first ten amendments – known as the BILL OF RIGHTS. They were ratified in 1791.

� These protections from government are often known as CIVIL LIBERTIES

The Bill of Rights

� �  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.

The 1st Amendment protects people‘s right to practice (or not practice) religion, to speak freely, to assemble

(meet), to address (petition) the government, and of the press to publish freely

The 1st Amendment essentially protects 4 things:

1)  Religion 2)  Speech 3)  Press

4)  Assembly

First Amendment

� � Reminder: We break the freedom of religion stuff up

into two distinct parts: � Establishment Clause: The government can’t establish

a national religion or show preference towards one �  Free Exercise Clause: The government can’t interfere

with your practice of religion � Thomas Jefferson said that the 1st Amendment set up

a “wall of separation” between the church and the government. That gets a little tricky – as we shall see – especially when it comes to church and school.

FREEDOM OF RELIGION

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� Engel v. Vitale (1962) – Can schools write a prayer to be recited by school children?

� School District of Bington Township, PA v. Schempp (1963) – Can the state of Pennsylvania mandate Bible reading in school?

� Lee v. Weisman (1992) – Can you have a prayer at a high school graduation?

� Santa Fe Independent School District v. Doe – Can students lead prayer at a high school football game?

Some First Amendment Court Cases dealing with the Establishment Clause

� �  A number of things, actually.

�  You can pray to yourself (as long as it is not disruptive to the educational process)

�  STUDENT religious groups can meet at a school facility if the facility is available for other groups (usually before and after school).

�  If schools rent facilities to other groups, they must do so for religious groups as well.

�  Religious instructors can’t come in to provide religious instruction, but students can be released from part of the day to receive this instruction elsewhere.

GENERAL RULE: THE ESTABLISHMENT CLAUSE MANDATES ACCOMIDATION OF ALL RELIGIONS AND FORBIDS HOSTILITY TOWARDS RELIGIONS from the government.

So what can you do at school regarding religion?

� � Although the Free Exercise Clause of the 1st

Amendment allows you to believe whatever you want regarding religion, it has put into place some restrictions on what you can and can’t practice regarding religious rituals. � Employment Division(Oregon) v. Smith (1988) – You

can’t legally smoke peyote as part of a religious ritual. � Reynolds v. U.S. – You can’t practice criminal actions

(i.e. bigamy), even if it is part of your religious beliefs

FREE EXERCISE CLAUSE

� � The 1st Amendment is pretty clear that the

government can’t keep you from expressing what you believe. Is that belief absolute? Well… not exactly. �  Schenck v. United States (1919) – Can your speech be

limited if it provokes “clear and present danger”?

FREEDOM OF SPEECH

� � Does your right to free speech only apply to your

words? Not really…. The Supreme Court has pretty consistently ruled that it can apply to your actions too…. We refer to this as SYMBOLIC SPEECH � Tinker v. Des Moines – Can a student wear an armband

to school to protest the Vietnam War? � Texas v. Johnson – Can you burn a flag to voice your

displeasure with the government? COMMERCIAL SPEECH does not always get the same protection. You can’t just say whatever you want on a commercial.

Symbolic Speech

� 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.

The 2nd Amendment protects the right to own guns. There is a debate whether this is a right that protects the state, or a right that protects

individuals.

Second 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.

The 3rd Amendment guarantees that the army cannot force homeowners to give them room and board.

This doesn’t seem like a big deal now, but the British

had been forcing colonists to let British soldiers eat and live in their homes. The third amendment reminds the government that your house is not the government’s

personal Holiday Inn.

Third 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.

The 4th Amendment deals with illegal search and seizure. It protects the people from the government

improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).

California v. Acevedo – Can an officer look in your car when he or she

pulls you over?

Vernonia School District v. Acton – Does a school drug test violate your 4th Amendment rights?

Fourth Amendment

� � In a CRIMINAL TRIAL, action is taken by the

government against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail.

� In a CIVIL TRIAL, two or more people take each other to court because of a disagreement about something. Most often, the result is an award of money to be paid by one party to the other. Nobody goes to jail in a civil trial.

� Amendments 5 and 6 deal with CRIMINAL trials. � Amendment 7 deals with CIVIL trials.

Before we go any further, let’s make sure we know this…

� 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.

The 5th Amendment protects people from:

1)  Being held for committing a crime unless they are properly indicted by a Grand Jury*

2)  That they may not be tried twice for the same crime (Double Jeopardy) 3)  that you can’t be forced to testify against yourself “I plead the fifth…”

*A GRAND JURY is a group of people who meet together and decide whether or not there is enough evidence to prosecute a person for a federal

crime

Fifth 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.

The 6th Amendment guarantees: 1)a speedy trial

2) A trial by an impartial jury 3) The accused can confront witnesses against them 4) The accused must be allowed to have a lawyer.

Sixth Amendment

� � Seriously… You should know at least two of these

from U.S. History. � Miranda v. Arizona � Gideon v. Wainwright

5th and 6th Amendment Supreme Court 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 re-

examined in any Court of the United States, than according to the rules of the common law.

The 7th Amendment guarantees a jury trial in federal civil court cases. This type of case is normally no longer

heard in federal court.

Seventh Amendment

� Excessive bail shall not be required, nor excessive fines imposed, nor cruel

and unusual punishments inflicted.

The 8th Amendment guarantees that punishments will be fair, and not cruel, and that extraordinarily large

fines or unreasonable bail will not be set.

Often, when we talk about the 8th Amendment we start talking about the death penalty. Is the death penalty

cruel and unusual?

Eighth Amendment

� � Gregg v. Georgia – Do states have the right to use the

death penalty as a punishment? � Coker v. Georgia – What types of crime can the death

penalty be a punishment for?

8th Amendment Supreme Court Cases

� The enumeration in the Constitution, of certain rights, shall not be

construed to deny or disparage others retained by the people.

The ninth amendment sounds really confusing and complicated, but it isn’t. All it says is that Americans

have more rights than just the ones listed in the Amendments. Just because a right isn’t listed doesn’t

mean that it doesn’t exist.

Ninth 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.

The 10th Amendment is the subject of some debate, but

essentially it states that any power not granted to the federal government belongs to the states. This is to calm down people – like the Anti-Federalists – who worried

that the National government was getting too powerful.

Tenth Amendment

� � 11th Amendment: Deals with how the Supreme Court

handles cases between people of different states

� 12th Amendment: Explains that the President and Vice President are elected TOGETHER, and a Vice President must be eligible to become President

� 13th Amendment: Abolishes slavery in the United States

The rest of the Amendments…

� � 14th Amendment: Grants citizenship to former slaves.

Says that many of the rights you have on the national level apply to on the state level as well. It also clears up some issues regarding the Civil War

� 15th Amendment: States that race cannot keep someone from voting (allows male former slaves to vote)

� 16th Amendment: Sets up an individual income tax

� �  17th Amendment: States that U.S. Senators will be elected

directly by the people of each state.

�  18th Amendment: (PROHIBITION) Forbids the sale or manufacture of alcohol in the United States

�  19th Amendment: States that gender cannot keep someone from voting (women’s suffrage)

�  20th Amendment: (Lame Duck Amendment) Moves up the start time for new Presidents and Congress

� � 21st Amendment: REPEALS prohibition (makes the

18th Amendment null and void)

� 22nd Amendment: States that the President can only serve 2 terms (8 years)

� 23rd Amendment: Allows people living in Washington D.C. to vote for president

� 24th Amendment: Gets rid of the POLL TAX (tax for voting)

� � 25th Amendment: Clarifies the LINE OF

SUCCESSION (who becomes president if something happens to him) and explains what should happen if the president needs to temporarily give his powers up.

�  26th Amendment: Lowers the voting age to 18.

� 27th Amendment: U.S. Senators and Representatives cannot get a pay increase that they vote on until AFTER the next election.

� �  1) Speaker of the House of Representatives �  2) President Pro Tempore of the Senate �  3) Secretary of State �  4) Secretary of the Treasury �  5) Secretary of Defense �  6)Attorney General �  7) Secretary of the Interior �  8) Secretary of Agriculture �  9) Secretary of Commerce �  10) Secretary of Labor �  11) Secretary of Health and Human Services �  12) Secretary of Housing and Urban Development �  13) Secretary of Transportation �  14) Secretary of Energy �  15) Secretary of Education �  16) Secretary of Veterans Affairs �  17) Secretary of Homeland Security

Who becomes President next?