• DA 6.12 – Name the “Checks & Balances” of the three branches of government.

• The Amendments – yes, you will be taking a TON of notes!

Legislative Checks On:

The Executive Branch:• Override a veto• Confirm appointments• Ratifies treaties• Declare war• Appropriates money• Impeachment

The Judicial Branch:• Creates lower federal

courts• Impeachment• Propose amendments

to overrule judicial decisions

• Approves appointments of federal judges

Executive Checks On:

The Legislative Branch:• Proposes laws• Veto power• Call special sessions• Makes federal

appointments • Negotiates foreign

treaties

Judicial Branch:• Appoints federal

judges• Grant pardons and

reprieves

Judicial Checks On:

The Legislative Branch:

• Declare acts of Congress unconstitutional

The Executive Branch:• Declare executive

actions unconstitutional

A Few Reminders

• The Bill of Rights (Amend. I – X) was a concession to the Anti-federalists.

• Rights of the accused are Amend. IV – VIII.• Civil War Amendments (XIII – XV)• Voting Amendments (XIV, XV, XVII, XIX, XXVI)• Amendment XXI is the only amendment to

repeal (kill or do away with) a previous one (XVIII).

Amendment I (1791)Basic Freedoms

• Freedom of Religion

• Freedom of Speech

• Freedom of Press

• Freedom of Assembly

• Freedom of Petition

Basic Freedoms

• Which basic freedoms do you see here?

Basic Freedoms

• When do your basic freedoms end?

• Slander• Libel

Amendment II (1791)Weapons and Militia

• You (as a member of the militia) have the right to keep and bear arms.

Amendment III (1791)Housing Soldiers

• Private citizens are not forced to house soldiers during times of peace.

• If it’s a time of war, a law may be passed that would require you to turn your house into Holiday Inn.

Amendment IV (1791)Search and Seizure

• No unreasonable searches or seizures of yourself, house, effects or papers.

• A search warrant listing the specifics of who, why, where and what they are searching for is a must before they look at your stuff.

Amendment V (1791)Rights of the Accused

• A person can not be tried for a crime punishable by death (capital crime) or infamous crime (punishable by time in the slammer) unless charged by a grand jury (a panel of between 12 and 23 citizens who rule if there is enough evidence to bring you to trial).

• A person can not be tried for the same crime twice (Double Jeopardy, it’s not just a movie or game show!)

Amendment V (1791)Rights of the Accused

• A person can not be forced to testify against him/herself – Pleading the 5th where you don’t have to rat yourself out.

• You may not be deprived of life, liberty or property except by lawful means (Due process).

• The government must compensate you for property taken for public use (Eminent domain).

Amendment VI (1791)Right to a Fair Trial

• A person accused of a crime has the right to:– A speedy public trial by an impartial jury of their peers– Information about the accusation (why they are on

trial)– Help from the court in getting witnesses to testify– The right to cross examine witnesses– The aid of a lawyer if you can not afford one

• Your Maranda Rights read to you by an arresting officer.

Amendment VII (1791)Jury Trial in Civil Cases

• A civil case is a dispute between individuals or groups involving over $20.

• People are suing one another over money, property or personal injury.

• Can you say Larry H. Parker or Judge Judy?

Amendment VIII (1791)Excessive Punishment

• Bail and fines can not be unreasonable.

• The punishment must fit the crime.

Amendment IX (1791)Powers Reserved to the People

• The basic rights of the people can not be denied, even those not named in the Constitution.

Amendment X (1791)Powers Reserved to the States

• If it is not a power mentioned in the Constitution belonging to the federal government, then the right belongs to the states or to the people.

Amendment XI (1798)Suits Against States

• The federal courts do not have the power to hear suits (cases) brought against a state by the citizens of another state or by foreigners.

• These types of cases must be heard (decided) in a state court (Original jurisdiction).

Amendment XII (1804)Election of President and Vice President

• The Electoral College casts separate ballots for both the President and the Vice President.

Amendment XIII (1865)End of Slavery

• No more slavery!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Amendment XIV (1866)Rights of Citizens

• All people born or naturalized in the United States are citizens, and therefore no state may infringe on their rights.

• If a state prevents certain citizens from voting, that state’s representation in Congress maybe reduced.

• Officials who fought against the Union in the Civil War can not hold public office after the war

• The US would pay the Union’s war debt, but not the Confederacy’s nor would they pay any compensation due to freeing the slaves.

Amendment XV (1870)Voting Rights

• No citizen can be denied the right to vote because of race or color or because he was formerly a slave.

Amendment XVI (1913)Income Tax

• Congress has the right to tax personal income ( money earned at a job)

• April 15th :O(

Amendment XVII (1913)Direct Election of Senators

• Originally the State legislatures elected the senators of their state, now it is up to the people.

• Any vacancies are to be filled at the governor’s discretion. He/She may call for an immediate vote or appoint someone to fill the vacant seat until such a time as an election can be held.

Amendment XVIII (1919)Ban on Alcoholic Drinks

• It is illegal to make, transport and sell intoxicating beverages.

• Prohibition or Temperance was a political-social movement that personified what a small group of people could do.

• To enforce the amendment, both Congress and the states could make laws. Previously only Congress could pass laws enforcing an amendment.

• Never before has Congress put a time limit on the ratification of an amendment – something very new.

• Created a world of crime and corruption as well as a creating a counter-culture society.

• “Chicago” Amendments

Amendment XIX (1920)Women’s Suffrage

• Girl Power Baby!

• Now any woman over the age of 21 could vote just like the big boys.

Amendment XX (1933)Terms of Office

• Known as the Lame Duck Amendment.• The President takes office at noon on January

20th

• Congress begins on January 3rd at 12:00 pm sharp.

• Congress must meet en mass once a year.

Amendment XX (1933)Terms of Office

• If the President-elect dies before taking office, then the VP-elect becomes President. If both kick the bucket or the VP-elect does not satisfy the requirements for President, then Congress gets to decide who will act as President.

Amendment XXI (1933)End of Prohibition

• Declares the 18th Amendment null and void.

• States can still pass laws controlling the sale of liquor.

• Party on Wayne. Party on Garth. As they say “You have to fight for your right to party!”

Amendment XXII (1951)Limit on Presidential Terms

• Limited a President to serving two terms or a maximum of ten years if they came in as a VP.

• It was an unwritten rule started by Geo. Washington that a president only serves two terms.

• FDR was elected to four terms.• Many feared that a President could grow too

strong if left to serve ad infinitum (forever).

Amendment XXIII (1961)Presidential Votes for D.C.

• DC gets to have representation in Congress just like “real” states.

• Representation is based on population, and may not exceed that of the representation of the least populated state.

Amendment XXIV (1964)Ban on Poll Tax

• It is illegal to charge a tax in order to register to vote.

$

Amendment XXV (1967)Presidential Succession

• If for some reason the Presidency becomes vacant, the VP takes over. If no VP then the Speaker of the House; Pres. Pro Tempore; the Cabinet; etc.

• If we have no VP, the President will appoint someone with Congress’ approval.

Amendment XXV (1967)Presidential Succession

• If the President can not do his/her job for one reason or another, other than death, then they must submit in writing a letter to Congress and then the VP takes over until they return.

Amendment XXV (1967)Presidential Succession

• If the President is unable to evoke section 3 and remove him/herself from office because they are either unconscious or wacko, the VP and the Cabinet can make that decision. If the President contests the decision, then Congress must decide by a two-thirds vote to remove him/her from office.

• “Air Force I Amendment”

Amendment XXVI (1971)Voting Age

• Anyone who is 18 years of age and a US citizen has the right to vote.

Amendment XXVI (1971)Voting Age

• Who does not have the right to vote?

Amendment XXVII (1992)Compensation

• The salary of a member of Congress can not change once a session has started.