The Amendments

1
The Amendments

• Chapter 3 Section 4
• Pages 84 - 90

2
Bill of Rights

• When the Constitution was adopted, some state
  constitutions had bills of rights.
• Although the Bill of Rights originally applied
  only to the national government, almost all its
  provisions have been applied to the states
  through a series of Supreme Court decisions.

3
The 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
  people peaceably to assemble, and to petition the
  Government for a redress of grievances.

4

• Freedom of religion separation of church and
  state
• The First Amendment protects freedom of speech
  freedom of the press.
• In the U.S., the press is not subject to prior
  restraint government censorship of information
  before it is published or broadcast.

5
Freedom Within Limits

• Laws prohibit slander and libel
• Slander false speech intended to damage a
  persons reputation
• Libel similar to slander but applies to written
  or published statements
• Endangering the nations safety by giving away
  military secrets or calling for the violent
  overthrow of the government are not protected

6

• The First Amendment protects the right to
  assemble in groups hold meetings
• Courts have ruled governments can require groups
  to obtain permits before holding meetings and
  demonstrations
• The amendment protects the right to criticize
  government officials and their actions

7
The Second Amendment

• Originally intended to prevent the national
  government from repeating actions that the
  British had taken
• Seems to support the right for citizens to own
  firearms
• It does not prevent Congress from regulating the
  interstate sale of weapons

8
The Third Amendment

• Prohibits the government from forcing people to
  provide shelter for soldiers in their homes.
• Congress may require a homeowner to house
  soldiers but only under conditions clearly
  spelling out by law.

9
The Fourth Amendment

• Protects the right to privacy
• Authorities must have a specific reason to search
  a premises or to seize evidence or people
• A search or arrest must be based on probable
  cause
• A search or arrest also usually required a
  search warrant or an arrest warrant

10
The Fifth Amendment

• No one can be tried for a serious crime unless a
  grand jury has decided there is enough evidence
  to justify a trial
• A person who is found innocent of a crime may not
  be tried again for the same offense
• No one may be forced to testify against himself
  or herself
• The government may not deprive a person of life,
  liberty, or property without due process of law

11

• The Fifth Amendment defines the governments
  right of eminent domain the power of government
  to take private property for public use such as
  to build a highway. The government must pay a
  fair price for the property taken and must use it
  in a way that benefits the public

12
The Sixth Amendment

• Protects the rights of individuals charged with
  federal crimes to defend themselves in a court
  trial.
• The Supreme Court also ruled that these rights
  apply to people charged with crimes subject to
  state courts

13

• The Sixth Amendment also gives important rights
• The right to a speedy, public trial by an
  impartial jury
• Accused persons have the right to know the
  charges against them, so they can prepare a
  defense
• Accused persons also have the right to hear and
  question all witnesses against them and the right
  to compel witnesses to appear at the trial and
  testify in their behalf

14
The Seventh Amendment

• The right to a jury trial in federal courts to
  settle disputes about property worth more than 20

15
The Eighth Amendment

• Prohibits excessive bail
• Prevents judges from ordering someone convicted
  of a crime to pay an excessive fine
• Bans cruel and unusual punishment for crimes

16
The Ninth Amendment

• States all other rights not spelled out in the
  Constitution are retained by the people. This
  prevents government from claiming that the only
  rights people have are those listed in the Bill
  of Rights

17
The Tenth Amendment

• This amendment was intended to reaffirm the
  relationship between the national and state
  governments. People and state have rights that
  the national government may not assume

18
Other Amendments

• The 27 amendments fall into 3 major groups
• Amendments 1-12 are in the first group
• Amendment 11 (1795) prohibits a state from being
  sued in federal court by citizens of another
  state or of another country
• Amendment 12 (1804) provides for the Electoral
  College to use separate ballots in voting for
  president and vice president

19
Civil War Amendments

• The second group includes Amendments 13, 14, 15
• The Thirteen Amendment (1865) outlaws slavery
• The Fourteenth Amendment (1868) was originally
  intended to protect the legal rights of freed
  slaves and their descendants. Today it protects
  the general citizenship by prohibiting a state
  from depriving any person of life, liberty, or
  property without due process of the law

20

• The Fifteenth Amendment (1870) prohibits the
  government from denying a persons right to vote
  on the basis of race

21
The Later Amendments

• The third group were all added in the twentieth
  century
• The 16th Amendment (1913) gives Congress the
  power to levy taxes
• The 17th Amendment (1913) states that people,
  instead of legislatures, elect U.S. senators
• The 18th Amendment (1919) prohibits the
  manufacture, sale, or transportation of alcoholic
  beverages

22

• The 19th Amendment (1920) guaranteed women the
  right to vote
• The 20th Amendment (1933) sets new dates for
  Congress to begin its term and for the
  inauguration of the president and vice president
• The 21st Amendment (1933) repeals the 18th
  Amendment but continued to ban the transport of
  alcohol into any state where its possession
  violated state law

23

• The 22nd Amendment (1951) limits presidents to
  a maximum of two elected terms
• The 23rd Amendment (1961) allows citizens
  living in Washington, DC to vote for president
  and vice president (DC has three presidential
  electors)
• The 24th Amendment (1964) prohibits poll taxes
  in federal elections

24

• The 25th Amendment (1967) establishes a process
  for the vice president to take leadership of the
  nation when the president is disabled. It also
  sets procedures for filling a vacancy in the
  office of the vice president
• The 26th Amendment (1971) lowers the voting age
  in both federal and state elections to 18

25

• The 27th Amendment (1992) makes congressional
  pay raises effective during the term followed
  their passage