Constitutional Constitutional AmendmentsAmendments

AmendmentsAmendments

► Changes to the constitution can only be Changes to the constitution can only be accomplished through the amending process.accomplished through the amending process.

► The first ten amendments are called the Bill of The first ten amendments are called the Bill of Rights.Rights.

► They place strict limitations on how the They place strict limitations on how the national government can use its power.national government can use its power.

► Later amendments gave rights to other groups Later amendments gave rights to other groups and some changed how the government and some changed how the government operates.operates.

►Only 27 amendments in 221 yearsOnly 27 amendments in 221 years

The First AmendmentThe First Amendment

►Democracy must contain citizens who Democracy must contain citizens who are able to express ideas.are able to express ideas.

►The first amendment protects freedom The first amendment protects freedom of religion, speech, press, assembly, of religion, speech, press, assembly, and right to petition the government.and right to petition the government.

First Amendment Rights in the First Amendment Rights in the NewsNews

►Cartoon Controversy

Freedom of ReligionFreedom of Religion

►Congress cannot establish an official Congress cannot establish an official religion.religion.

►““Separation of Church and State” Separation of Church and State” keeps religion out of politics.keeps religion out of politics.

►Two important clauses are the Two important clauses are the establishment clauseestablishment clause and the and the free free exercise clauseexercise clause..

►Religion cannot be a basing factor in Religion cannot be a basing factor in America.America.

Establishment ClauseEstablishment ClauseGovernment Cannot Promote Government Cannot Promote

ReligionReligion

How many amendments are How many amendments are there?there?

1.1. 3030

2.2. 1010

3.3. 2727

4.4. 2525

Establishment Clause - Establishment Clause - GovernmentGovernment

►CansCans Teach about Teach about

religions in school religions in school Allow voluntary Allow voluntary

prayer in many prayer in many examplesexamples

Transport Transport students to a students to a religious schoolreligious school

Read Bible for Read Bible for culture or literacy culture or literacy contentcontent

►CannotCannot Set a state Set a state

religionreligion Government Government

cannot order a cannot order a prayerprayer

Teach religious Teach religious doctrine in the doctrine in the schoolschool

Pay seminary Pay seminary teachersteachers

Teach creationismTeach creationism

Free Exercise of ReligionFree Exercise of Religion

What are the first 10 What are the first 10 amendments called?amendments called?

1.1. The PreambleThe Preamble

2.2. The ArticlesThe Articles

3.3. The Bill of RightsThe Bill of Rights

4.4. The Personal FreedomsThe Personal Freedoms

Free Exercise – A personFree Exercise – A person

►CanCan Choose whatever Choose whatever

religionreligion Lead a prayer in Lead a prayer in

most examplesmost examples Ask questions Ask questions

about religions about religions Worship who ever Worship who ever

you wantyou want

►CannotCannot Break the law and Break the law and

claim it is claim it is religious beliefreligious belief

Raise children Raise children without educationwithout education

Deprave children Deprave children of basic needsof basic needs

Freedom of SpeechFreedom of Speech

► ““Congress shall make no laws . . . abridging Congress shall make no laws . . . abridging the freedom of speech”the freedom of speech”

All of the following are a freedom All of the following are a freedom protected by the 1protected by the 1stst Amendment Amendment

except:except:1.1. Freedom of ReligionFreedom of Religion

2.2. Freedom to bear armsFreedom to bear arms

3.3. Freedom of assemblyFreedom of assembly

4.4. Freedom to petitionFreedom to petition

Freedom of SpeechFreedom of Speech

►People are free to say what they want People are free to say what they want with a few exceptions.with a few exceptions.

►Lying about a person is called slander Lying about a person is called slander and is a crime. and is a crime.

►Giving military secrets to other Giving military secrets to other countries is called treason.countries is called treason.

►Freedom of speech has evolved into Freedom of speech has evolved into freedom of expression.freedom of expression.

Free Speech – An Individual Free Speech – An Individual CanCan

► Say any political beliefSay any political belief► Protest (without Protest (without

getting out of control)getting out of control)► Say things about Say things about

someone that are truesomeone that are true► Burn the flagBurn the flag► Say racist and hate Say racist and hate

slogansslogans► Free speech means Free speech means

someone might say someone might say something you something you disagree withdisagree with

Freedom of Speech – Personal Freedom of Speech – Personal LimitsLimits

►Threaten to blow up airplanes, schools or Threaten to blow up airplanes, schools or the presidentthe president

►Sexual harassmentSexual harassment►Create too much social chaosCreate too much social chaos►Extremely crude language in a public Extremely crude language in a public

formform►Disrespectful, vulgar language in schoolsDisrespectful, vulgar language in schools►Hate crimesHate crimes

Freedom of the PressFreedom of the Press

►Congress shall Congress shall make no law . . . make no law . . . abridging . . . the abridging . . . the freedom of the freedom of the press.”press.”

Freedom of the PressFreedom of the Press

►Freedom to communicate ideas.Freedom to communicate ideas.►Printing lies about a person is called Printing lies about a person is called

libel.libel.►The US government cannot ban The US government cannot ban

information.information.

Freedom of the Press – The Freedom of the Press – The PressPress

► CanCan Print any political Print any political

positionposition Make fun of people, Make fun of people,

especially politiciansespecially politicians Expose wrongs by Expose wrongs by

the governmentthe government Say things you might Say things you might

not agree withnot agree with

► CannotCannot Libel– intentionally Libel– intentionally

injuring a person’s injuring a person’s reputation by false reputation by false factsfacts

Disclose defense-Disclose defense-security secretssecurity secrets

Detail how to make a Detail how to make a certain weaponscertain weapons

Freedom of AssemblyFreedom of Assembly

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

Freedom of AssemblyFreedom of Assembly

►Permits peaceful assemblies.Permits peaceful assemblies.►People are permitted to join People are permitted to join

organizations.organizations.

Freedom of Assembly – An Freedom of Assembly – An IndividualIndividual

► CanCan Protest Protest Parade (with a Parade (with a

permit)permit) Parade chanting Parade chanting

hate sloganshate slogans Gang members Gang members

can congregate in can congregate in publicpublic

► CannotCannot Protest by Protest by

throwing rocks throwing rocks and breaking and breaking windowswindows

Hang out on Hang out on private land private land against owners against owners will—loiteringwill—loitering

Teen curfewTeen curfew

Petition the GovernmentPetition the Government

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

Right to Petition the Right to Petition the GovernmentGovernment

►Formal request.Formal request.►Our right to express our ideas publicly Our right to express our ideas publicly

about the government.about the government.►Representatives are not required to Representatives are not required to

act on a petition, but if there is enough act on a petition, but if there is enough support, they will express the people’s support, they will express the people’s ideas.ideas.

LimitsLimits

►The 1st amendment does not allow The 1st amendment does not allow Americans to do whatever they want.Americans to do whatever they want.

►People must take into account the People must take into account the rights of the community.rights of the community.

22ndnd Amendment—Right to Bear Amendment—Right to Bear ArmsArms

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

What is the debate with the What is the debate with the right to bear arms?right to bear arms?

►How much can the How much can the government keep government keep guns from criminals guns from criminals and youth?and youth?

► In order to keep In order to keep guns away from guns away from criminals, does that criminals, does that limit the right of law limit the right of law abiding citizens?abiding citizens?

Gun Debate ContinuedGun Debate Continued

► Thousands of Thousands of people die every people die every year because of year because of guns guns

► Thousands of Thousands of crimes are crimes are prevented prevented because of gunsbecause of guns

Shoes Represent Gun Deaths

22ndnd Amendment in the News Amendment in the News

►Obama and Guns►Court on Gun Control

Third AmendmentThird Amendment

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

Amendments #4-8Amendments #4-8Rights of the Accused Rights of the Accused

► Important to preserve freedomImportant to preserve freedom

Fourth AmendmentFourth Amendment

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

►Search and Seizure – Unreasonable, Search and Seizure – Unreasonable, but many exceptions todaybut many exceptions today

►Mapp v. OhioMapp v. Ohio

Fourth AmendmentFourth Amendment

►What does a What does a policeman need policeman need in order to search in order to search your home? your home? A warrant given A warrant given

to him by a judge to him by a judge Probable cause is Probable cause is

also neededalso needed

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

crime?crime?1.1. Ex Post FactoEx Post Facto

2.2. Bill of AttainderBill of Attainder

3.3. Habeas CorpusHabeas Corpus

4.4. ClotureCloture

Fifth AmendmentFifth Amendment► You cannot be tried for the same crime You cannot be tried for the same crime

twice—called “Double Jeopardy”twice—called “Double Jeopardy”► You do not have to testify against your self. You do not have to testify against your self.

“I plead the fifth”“I plead the fifth”► You must have You must have due processdue process of law before of law before

you are convictedyou are convicted► The government cannot take your land The government cannot take your land

unless it pays. – Eminent Domainunless it pays. – Eminent Domain►Must be formally charged (writ of habeas Must be formally charged (writ of habeas

corpus)corpus)

Sixth AmendmentSixth Amendment

►Right to speedy trial by impartial juryRight to speedy trial by impartial jury—meaning not favoring either side—meaning not favoring either side

►You must be told of charges (habeas You must be told of charges (habeas corpus)corpus)

►You must be provided a lawyer if you You must be provided a lawyer if you cannot afford onecannot afford one Gideon v. WainwrightGideon v. Wainwright

►Must be able to question all witnesses Must be able to question all witnesses

Class Discussion Class Discussion

►Why is the right to a “speedy” trial Why is the right to a “speedy” trial important?important?

Seventh AmendmentSeventh Amendment

►““In Suits at common law, where the In Suits at common law, where the value in controversy shall exceed value in controversy shall exceed twenty dollars, the right of trial by jury twenty dollars, the right of trial by jury shall be preserved, and no fact tried shall be preserved, and no fact tried by a jury, shall be otherwise re-by a jury, shall be otherwise re-examined in any Court of the United examined in any Court of the United States, than according to the rules of States, than according to the rules of the common law.”the common law.”

► Jury trials for certain civil trials. Jury trials for certain civil trials.

Eighth AmendmentEighth Amendment

►No excessive No excessive bailbail

►No cruel and No cruel and unusual unusual punishmentpunishment

Ninth AmendmentNinth Amendment

►““The enumeration in the Constitution, The enumeration in the Constitution, of certain rights, shall not be of certain rights, shall not be construed to deny or disparage others construed to deny or disparage others retained by the people.”retained by the people.”

►Addresses rights of the people that are Addresses rights of the people that are not specifically mentioned in the not specifically mentioned in the Constitution. Constitution.

►““Powers of the People”Powers of the People”

Class DiscussionClass Discussion

►Why did the Framers want to include Why did the Framers want to include Amendment IX?Amendment IX? What’s it’s purpose in the Bill of Rights?What’s it’s purpose in the Bill of Rights?

Tenth AmendmentTenth Amendment

►States that any power not granted to States that any power not granted to the federal government belongs to the the federal government belongs to the states or to the people. states or to the people.

►Restates the principle of federalism in Restates the principle of federalism in the Constitutionthe Constitution

►““Reserved Powers” Reserved Powers”

Which amendments protect the Which amendments protect the rights of the accused?rights of the accused?

1.1. 2, 4, 5, 62, 4, 5, 6

2.2. 4, 5, 6, 74, 5, 6, 7

3.3. 4, 5, 6, 84, 5, 6, 8

4.4. 5, 6, 8, 95, 6, 8, 9

1111thth and 12 and 12thth Amendment Amendment► 1111thth (1795) – Places limits on suits against (1795) – Places limits on suits against

statesstates Federal courts have limited jurisdiction over state Federal courts have limited jurisdiction over state

courtscourts

► 1212thth (1804)– Revises procedures for electing (1804)– Revises procedures for electing president and vice presidentpresident and vice president President and Vice President must be on President and Vice President must be on

separate ballotseparate ballot For instance, couldn’t elect Biden instead of For instance, couldn’t elect Biden instead of

Obama in the Electoral CollegeObama in the Electoral College

►Who elects the President when there isn’t a Who elects the President when there isn’t a majority?majority?

What term refers to a court’s What term refers to a court’s ability to hear a case?ability to hear a case?

1.1. Original jurisdictionOriginal jurisdiction

2.2. JurisdictionJurisdiction

3.3. CertiorariCertiorari

4.4. Stare DecisisStare Decisis

Civil War Amendments Civil War Amendments 1313thth, 14, 14thth, & 15th, & 15th

► 1313thth Amendment Amendment (1865) – Abolished (1865) – Abolished slavery and any slavery and any other forced labor.other forced labor. Exception Exception

punishment for a punishment for a crimecrime

Ex. Chain gangs and Ex. Chain gangs and clean up crews clean up crews

Civil War Amendments Civil War Amendments 1313thth, 14, 14thth, & 15th, & 15th

►1414thth Amendment (1868) – U.S. citizen is Amendment (1868) – U.S. citizen is anyone “born or naturalized in the U.S.”anyone “born or naturalized in the U.S.” Due to Black Codes in Southern StatesDue to Black Codes in Southern States

►““Equal protection of the laws”Equal protection of the laws”►Forbids states interfering with Forbids states interfering with

“privileges and immunities of citizens of “privileges and immunities of citizens of the U.S.”the U.S.” Nationalization of Bill of Rights Nationalization of Bill of Rights

Civil War Amendments Civil War Amendments 1313thth, 14, 14thth, & 15th, & 15th

►1515thth Amendment (1870) – Prohibits the Amendment (1870) – Prohibits the government from denying a person’s government from denying a person’s right to vote on the basis of race. right to vote on the basis of race. Still didn’t help African Americans in Still didn’t help African Americans in

Southern States due to literacy tests and Southern States due to literacy tests and poll taxes. poll taxes.

Many would have to wait another 90 years Many would have to wait another 90 years to vote.to vote.

1616thth and 17 and 17thth Amendments Amendments►1616thth Amendment (1913) – Establishes Amendment (1913) – Establishes

the right for the government to impose the right for the government to impose an income tax on citizens. an income tax on citizens.

►1717thth Amendment (1913) – Direct Amendment (1913) – Direct elections for Senators.elections for Senators. State legislatures were in charge of this State legislatures were in charge of this

before. Part of the Progressive movement. before. Part of the Progressive movement.

Class DiscussionClass Discussion► Where does most of the National government Where does most of the National government

revenue come from? How about states?revenue come from? How about states?

1818thth, 19, 19thth, & 20, & 20thth AmendmentsAmendments

► 1818thth Amendment Amendment (1917) – Prohibition – (1917) – Prohibition – no more legal alcohol. no more legal alcohol. Temperance MovementTemperance Movement

► 1919thth Amendment Amendment (1920) – Gave women (1920) – Gave women the right to vote. the right to vote.

► 2020thth Amendment Amendment (1933) – Ended lame (1933) – Ended lame duck officials. Moved duck officials. Moved the inauguration date the inauguration date from March to January. from March to January.

Class DiscussionClass Discussion

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

2121stst, 22, 22ndnd, & 23, & 23rdrd Amendment Amendment

►2121stst Amendment (1933) – Overturned Amendment (1933) – Overturned 1818thth amendment. Ended Prohibition. amendment. Ended Prohibition. Only amendment to repeal another. Only amendment to repeal another.

►2222ndnd Amendment (1951) – Limits the Amendment (1951) – Limits the President to 2 terms. President to 2 terms. This was after FDR was elected to 4 This was after FDR was elected to 4

terms. terms. ►2323rdrd Amendment (1961) – Gave Amendment (1961) – Gave

Washington D.C. residents the right to Washington D.C. residents the right to vote for President and VP. vote for President and VP.

Class DiscussionClass Discussion

►What does the 22What does the 22ndnd Amendment say Amendment say about our view of the President?about our view of the President?

2424thth, 25, 25thth, 26, 26th,th, & 27 & 27thth AmendmentsAmendments►2424thth Amendment (1964) – Abolished Amendment (1964) – Abolished

Poll TaxPoll Tax Used to keep people with low incomes Used to keep people with low incomes

from votingfrom voting►2525thth Amendment (1967) – Established Amendment (1967) – Established

process for VP to take over as process for VP to take over as President and how to fill a VP void. President and how to fill a VP void. Due to assassination of which President? Due to assassination of which President?

►2626thth Amendment (1971) – Lowered Amendment (1971) – Lowered voting age to 18 years old. voting age to 18 years old.

►2727thth Amendment (1992) – Amendment (1992) – Congressional Pay raises. Congressional Pay raises.

Class DiscussionClass Discussion

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

Which are the Civil War Which are the Civil War amendments?amendments?

1.1. 12, 13, 14, 1512, 13, 14, 15

2.2. 13, 14, 1513, 14, 15

3.3. 13, 14, 15, 1613, 14, 15, 16

4.4. 12, 13, 1412, 13, 14