Constitutional Amendments

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Constitutional Amendments
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Amendments

• Changes to the constitution can only be
  accomplished through the amending process.
• The first ten amendments are called the Bill of
  Rights.
• They place strict limitations on how the national
  government can use its power.
• Later amendments gave rights to other groups and
  some changed how the government operates.
• Only 27 amendments in 221 years

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The First Amendment

• Democracy must contain citizens who are able to
  express ideas.
• The first amendment protects freedom of religion,
  speech, press, assembly, and right to petition
  the government.

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First Amendment Rights in the News

• Cartoon Controversy

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Freedom of Religion

• Congress cannot establish an official religion.
• Separation of Church and State keeps religion
  out of politics.
• Two important clauses are the establishment
  clause and the free exercise clause.
• Religion cannot be a basing factor in America.

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Establishment ClauseGovernment Cannot Promote
Religion
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How many amendments are there?

1. 30
2. 10
3. 27
4. 25

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Establishment Clause - Government

• Cans
• Teach about religions in school
• Allow voluntary prayer in many examples
• Transport students to a religious school
• Read Bible for culture or literacy content

• Cannot
• Set a state religion
• Government cannot order a prayer
• Teach religious doctrine in the school
• Pay seminary teachers
• Teach creationism

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Free Exercise of Religion
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What are the first 10 amendments called?

1. The Preamble
2. The Articles
3. The Bill of Rights
4. The Personal Freedoms

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Free Exercise A person

• Can
• Choose whatever religion
• Lead a prayer in most examples
• Ask questions about religions
• Worship who ever you want

• Cannot
• Break the law and claim it is religious belief
• Raise children without education
• Deprave children of basic needs

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Freedom of Speech

• Congress shall make no laws . . . abridging the
  freedom of speech

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All of the following are a freedom protected by
the 1st Amendment except

1. Freedom of Religion
2. Freedom to bear arms
3. Freedom of assembly
4. Freedom to petition

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Freedom of Speech

• People are free to say what they want with a few
  exceptions.
• Lying about a person is called slander and is a
  crime.
• Giving military secrets to other countries is
  called treason.
• Freedom of speech has evolved into freedom of
  expression.

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Free Speech An Individual Can

• Say any political belief
• Protest (without getting out of control)
• Say things about someone that are true
• Burn the flag
• Say racist and hate slogans
• Free speech means someone might say something you
  disagree with

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Freedom of Speech Personal Limits

• Threaten to blow up airplanes, schools or the
  president
• Sexual harassment
• Create too much social chaos
• Extremely crude language in a public form
• Disrespectful, vulgar language in schools
• Hate crimes

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Freedom of the Press

• Congress shall make no law . . . abridging . . .
  the freedom of the press.

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Freedom of the Press

• Freedom to communicate ideas.
• Printing lies about a person is called libel.
• The US government cannot ban information.

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Freedom of the Press The Press

• Can
• Print any political position
• Make fun of people, especially politicians
• Expose wrongs by the government
• Say things you might not agree with

• Cannot
• Libel intentionally injuring a persons
  reputation by false facts
• Disclose defense-security secrets
• Detail how to make a certain weapons

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Freedom of Assembly

• Congress shall make no law . . . Abridging . . .
  The people to peaceably assemble

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Freedom of Assembly

• Permits peaceful assemblies.
• People are permitted to join organizations.

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Freedom of Assembly An Individual

• Can
• Protest
• Parade (with a permit)
• Parade chanting hate slogans
• Gang members can congregate in public

• Cannot
• Protest by throwing rocks and breaking windows
• Hang out on private land against owners
  willloitering
• Teen curfew

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Petition the Government

• Congress shall make no law . . . Abridging . . .
  the people. . . to petition the government for a
  redress of grievances

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Right to Petition the Government

• Formal request.
• Our right to express our ideas publicly about the
  government.
• Representatives are not required to act on a
  petition, but if there is enough support, they
  will express the peoples ideas.

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Limits

• The 1st amendment does not allow Americans to do
  whatever they want.
• People must take into account the rights of the
  community.

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2nd AmendmentRight to Bear Arms

• A well-regulated militia, being necessary to the
  security of a free state, the right of the people
  to bear arms shall not be infringed.

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What is the debate with the right to bear arms?

• How much can the government keep guns from
  criminals and youth?
• In order to keep guns away from criminals, does
  that limit the right of law abiding citizens?

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Gun Debate Continued

• Thousands of people die every year because of
  guns
• Thousands of crimes are prevented because of guns

Shoes Represent Gun Deaths
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2nd Amendment in the News

• Obama and Guns
• Court on Gun Control

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Third Amendment

• The Government cannot force you to shelter
  soldiers in your home without your consent in
  time of war or peace.

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Amendments 4-8Rights of the Accused

• Important to preserve freedom

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Fourth Amendment

• Protects the people from the government
  improperly taking property, papers, or people,
  without a valid warrant based on probable cause
  (good reason).
• Search and Seizure Unreasonable, but many
  exceptions today
• Mapp v. Ohio

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Fourth Amendment

• What does a policeman need in order to search
  your home?
• A warrant given to him by a judge
• Probable cause is also needed

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What right means we have to be told of what we
are charged with in a crime?

• Ex Post Facto
• Bill of Attainder
• Habeas Corpus
• Cloture

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Fifth Amendment

• You cannot be tried for the same crime
  twicecalled Double Jeopardy
• You do not have to testify against your self. I
  plead the fifth
• You must have due process of law before you are
  convicted
• The government cannot take your land unless it
  pays. Eminent Domain
• Must be formally charged (writ of habeas corpus)

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Sixth Amendment

• Right to speedy trial by impartial jurymeaning
  not favoring either side
• You must be told of charges (habeas corpus)
• You must be provided a lawyer if you cannot
  afford one
• Gideon v. Wainwright
• Must be able to question all witnesses

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Class Discussion

• Why is the right to a speedy trial important?

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Seventh Amendment

• 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.
• Jury trials for certain civil trials.

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Eighth Amendment

• No excessive bail
• No cruel and unusual punishment

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Ninth Amendment

• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.
• Addresses rights of the people that are not
  specifically mentioned in the Constitution.
• Powers of the People

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Class Discussion

• Why did the Framers want to include Amendment IX?
• Whats its purpose in the Bill of Rights?

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Tenth Amendment

• States that any power not granted to the federal
  government belongs to the states or to the
  people.
• Restates the principle of federalism in the
  Constitution
• Reserved Powers

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Which amendments protect the rights of the
accused?

• 2, 4, 5, 6
• 4, 5, 6, 7
• 4, 5, 6, 8
• 5, 6, 8, 9

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11th and 12th Amendment

• 11th (1795) Places limits on suits against
  states
• Federal courts have limited jurisdiction over
  state courts
• 12th (1804) Revises procedures for electing
  president and vice president
• President and Vice President must be on separate
  ballot
• For instance, couldnt elect Biden instead of
  Obama in the Electoral College
• Who elects the President when there isnt a
  majority?

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What term refers to a courts ability to hear a
case?

• Original jurisdiction
• Jurisdiction
• Certiorari
• Stare Decisis

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Civil War Amendments 13th, 14th, 15th

• 13th Amendment (1865) Abolished slavery and any
  other forced labor.
• Exception punishment for a crime
• Ex. Chain gangs and clean up crews

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Civil War Amendments 13th, 14th, 15th

• 14th Amendment (1868) U.S. citizen is anyone
  born or naturalized in the U.S.
• Due to Black Codes in Southern States
• Equal protection of the laws
• Forbids states interfering with privileges and
  immunities of citizens of the U.S.
• Nationalization of Bill of Rights

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Civil War Amendments 13th, 14th, 15th

• 15th Amendment (1870) Prohibits the government
  from denying a persons right to vote on the
  basis of race.
• Still didnt help African Americans in Southern
  States due to literacy tests and poll taxes.
• Many would have to wait another 90 years to vote.

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16th and 17th Amendments

• 16th Amendment (1913) Establishes the right for
  the government to impose an income tax on
  citizens.
• 17th Amendment (1913) Direct elections for
  Senators.
• State legislatures were in charge of this before.
  Part of the Progressive movement.

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Class Discussion

• Where does most of the National government
  revenue come from? How about states?

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18th, 19th, 20th Amendments

• 18th Amendment (1917) Prohibition no more
  legal alcohol.
• Temperance Movement
• 19th Amendment (1920) Gave women the right to
  vote.
• 20th Amendment (1933) Ended lame duck
  officials. Moved the inauguration date from March
  to January.

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Class Discussion

• Do people need the national government to protect
  them from bad habits?

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21st, 22nd, 23rd Amendment

• 21st Amendment (1933) Overturned 18th
  amendment. Ended Prohibition. Only amendment to
  repeal another.
• 22nd Amendment (1951) Limits the President to 2
  terms.
• This was after FDR was elected to 4 terms.
• 23rd Amendment (1961) Gave Washington D.C.
  residents the right to vote for President and VP.

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Class Discussion

• What does the 22nd Amendment say about our view
  of the President?

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24th, 25th, 26th, 27th Amendments

• 24th Amendment (1964) Abolished Poll Tax
• Used to keep people with low incomes from voting
• 25th Amendment (1967) Established process for
  VP to take over as President and how to fill a VP
  void.
• Due to assassination of which President?
• 26th Amendment (1971) Lowered voting age to 18
  years old.
• 27th Amendment (1992) Congressional Pay raises.

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Class Discussion

• Why do you think the voting age was changed from
  21 to 18 years old?

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Which are the Civil War amendments?

• 12, 13, 14, 15
• 13, 14, 15
• 13, 14, 15, 16
• 12, 13, 14