The Constitutional Amendments

Transcription

1 The Constitutional Amendments Formal vs. Informal Change Formal Informal ** The Amendments are formal changes. Ongoing Debate How to balance the rights of the individual with the needs of society. The Supreme Court is challenged with interpreting the meaning of the Constitution and its amendments through cases that come before it. Interpretation Strict Constructionist vs. Loose Constructionist vs. Types of Informal Change Basic Legislation,, Executive Action, Executive Agreement,,, Party Practices, Electoral College,,, The Bill of Rights First to the Constitution Limits the powers of government (originally intended to limit the Federal Government) Protects the First Amendment Freedoms of Religion, Speech, Press, Assembly, and Petition: Establishment and Free Exercise Clauses Congress shall, or prohibiting the free exercise thereof Other Types of Prohibited Speech All speech should be responsible, or not endanger the safety of society Standard The question in every case is whether the words used in such circumstances are of such nature as to create a that they will bring about the evils that Congress has a right to prevent ---Justice Oliver Wendell Holmes Second Amendment : Supports the rights of citizens to own firearms. States are free to regulate Also, allows the States to Third Amendment : Troops cannot be lodged in private homes during peacetime. Stems from another British practice before the Revolution. - This provision is of virtually no importance today.

2 Fourth Amendment Search and Seizure:-. Probable Cause A set of facts and/or circumstances that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed. Exclusionary Rule Reinforces the guarantees of the 4 th Amendment gives it teeth Evidence gained by the result of Reasoning: If the police know that evidence produced by an illegal search will be of no use to the prosecution, they will have no motive for violating the Constitution. Rights of the Accused The Supreme Court has had to maintain a delicate balance between Presumption of Innocence Fifth Amendment: Four Important Protections for those accused of crimes. 4. *Also, defines government s right of eminent domain (gov t may take private property for a legitimate public purpose). Due Process The legal proceedings carried out according to established rules and principles. Prevents unfair / arbitrary acts 5 th and 14 th Amendments Sixth Amendment Additional protections include Seventh Amendment: - Involves matters concerning more than $ Both parties may agree to trial by a Judge. Eighth Amendment: Bail, fines, and punishment cannot be unreasonable. Ninth Amendment: Powers reserved for the People: All other rights not spelled out in the Constitution are retained by the people. (protects all basic or natural rights not specifically noted in the Constitution)

3 Tenth Amendment: Powers not given to the National government or denied to the States by the Constitution belong to the States or to the people. Other Amendments The 27 Amendments can be divided into three groups.the first group includes the Bill of Rights and the Eleventh and Twelfth Amendments (1791 to 1804). Eleventh and Twelfth 11 th. Chisholm v. Georgia SC ruled against GA, but Congress immediately proposed the 11 th Amendment in response. 12 th Civil War Amendments 13 th, 14 th, and 15 th Amendments (1865 to 1870): 13 th 14 th : Applied Due Process of Law to States Equal Protection Clause 15 th Later Amendments Deal with a range of topics that reflect the changes in modern American society (added in the 20 th Century) 16 th Amendment (1913):. 17 th Amendment (1913):. 18 th Amendment (1919): 19 th Amendment (1920): 20 th Amendment (1933): Terms of President, Vice President, and Congress set new dates for Congress to begin its term and for the inauguration of the President and VP. ( Lame Duck ) 21 st Amendment (1933): 22 nd Amendment (1951): Presidential Term Limits 23 rd Amendment (1961): 24 th Amendment (1964): 25 th Amendment (1967) : 26 th Amendment (1971): 27 th Amendment (1992):

4 Name: Date: Period: The Amendments to the United States Constitution Instructions: Use the Constitution or your notes to locate the Amendment that corresponds with each description. Then, write the number of the Amendment in the appropriate slot on your paper. You will not use 3 or 11. No Amendment will be used twice. 1. President and vice president are officially elected to separate ballots 2. Women s suffrage sex/gender can t be used as a voting requirement 3. Prevents unreasonable searches and/or seizures 4. Washington, DC gets at least 3 electoral votes in presidential elections 5. Repealed the prohibition amendment 6. Criminal defendants are given the right to a fair trial, an attorney, etc. 7. U.S. Senators will be directly elected (instead of appointed by state legislatures) 8. Prohibited the manufacture, sell, and transporting of alcoholic beverages 9. Congressional pay changes will not go into effect until after the next elections 10. Grants the expressionary freedoms of speech, press, religion, assembly, and petition 11. Provides for filling the offices of president and vice president in case of emergency 12. Prevents self-incrimination and double-jeopardy 13. Provides for unenumerated rights for citizens (not ALL are listed in the Constitution) 14. Presidents can only serve two elected terms or a maximum of ten years 15. Allows states to have reserved powers 16. Provides for the right to bear arms 17. States cannot deny anyone the right to vote, due to age, if they are 18 or older 18. Abolition of slavery made slavery illegal 19. Poll taxes are illegal in federal elections (cannot charge a fee for voting) 20. Prevents excessive bail, fines, or cruel/unusual punishment 21. Defines citizenship, includes the incorporation clause, & the equal protection clause 22. Black suffrage race can t be used as a voting requirement 23. Shortens the lame duck period for presidents and members of Congress 24. Guarantees the right to a jury hearing in all civil lawsuits involving over $ Allows a federal income tax

5 Answer Key Name: Date: Period: The Amendments to the United States Constitution Instructions: Using your notes or textbook, locate the Amendment that corresponds with each description. Then, write the number of the Amendment in the appropriate slot on your paper. You will not use 3 or 11. No Amendment will be used twice. _12 1. President and vice president are officially elected to separate ballots _19 2. Women s suffrage sex/gender can t be used as a voting requirement _4 3. Prevents unreasonable searches and/or seizures _23 4. Washington, DC gets at least 3 electoral votes in presidential elections _21 5. Repealed the prohibition amendment 6 6. Criminal defendants are given the right to a fair trial, an attorney, etc. _17 7. U.S. Senators will be directly elected (instead of appointed by state legislatures) Prohibited the manufacture, sell, and transporting of alcoholic beverages Congressional pay changes will not go into effect until after the next elections Grants the expressionary freedoms of speech, press, religion, assembly, and petition Provides for filling the offices of president and vice president in case of emergency Prevents self-incrimination and double-jeopardy Provides for unenumerated rights for citizens (not ALL are listed in the Constitution) Presidents can only serve two elected terms or a maximum of ten years Allows states to have reserved powers Provides for the right to bear arms States cannot deny anyone the right to vote, due to age, if they are 18 or older Abolition of slavery made slavery illegal Poll taxes are illegal in federal elections (cannot charge a fee for voting) Prevents excessive bail, fines, or cruel/unusual punishment Defines citizenship, includes the incorporation clause, & the equal protection clause Black suffrage race can t be used as a voting requirement _ Shortens the lame duck period for presidents and members of Congress Guarantees the right to a jury hearing in all civil lawsuits involving over $ Allows a federal income tax