Constitutional Amendments Amendment I Freedom of Religion Speech

Constitutional Amendments

Amendment I Freedom of Religion, Speech, Press, Petition and Assembly (1791) n Protects the civil liberties of Americans RWE: Freedom to organize a meeting in your n home to protest a community curfew…. But that doesn’t mean you threaten your government with armed resistance

Amendment II Right to KEEP and BEAR Arms n Often debated over two different meanings: n Founders established right to allow states to have militias. n Or, founders may have wanted to protect the right of individuals to have weapons. RWE: n

Amendment III n Quartering Troops n n n Right to privacy in your home Showed disgust with housing of British troops in private homes. RWE– Your family farm is § NOT Used for military Maneuvers No Troops allowed to live HERE!

Amendment IV n Searches and Seizures n n “Reasonable cause” , deemed so by a judge Warrant issued upon probable cause RWE Were the search and seizure aspects of the Patriot Act Constitutional?

Amendment V n Rights of the Accused n n 1. Grand jury must formally charge a person with committing a crime 2. Person may be tried only once for a crime n n 3. May refuse to answer questions on the grounds that the answers may incriminate the accused n n n Double Jeopardy “I plea the Fifth” 4. Members of the Armed Services are subject to military law 5. Eminent Domain- Private Property may be taken for public use but with “Just Compensation” RWE:

Amendment VI n n n You have the right to a Speedy Fair Trial! Right to a Speedy, Fair Trial Speedy = not being held in jail for punishment prior to trial– not in jail waiting for 4 years for the trial Public Trial– North Korea—citizens are “railroaded to prison” Fair = Open to the public, and Jury hears evidence on both sides Legal counsel must be provided for defendants n If someone cannot afford a lawyer one will be provided for them. (Public Defenders) RWE: Explain what part of Miranda warnings is this ……

Amendment VII Civil Suits n Common law, civil cases where a person is suing another for more than $20 dollars a jury trial is provided. (or the defendant may ask for a judge) (Now it is @$1, 400)Money is different n RWE: Erin Brokovich – choice of Judge or Jury in a n civil trial -Not just Judge Judy on a bad day.

Amendment VIII Bail and Punishment n Bail nor punishment will be excessive, cruel or unusual n RWE: n

Amendment IX Powers reserved to the people n Peoples’ rights are not limited to those directly stated in the Constitution n You have many other rights NOT listed in the Constitution– RWE: Such as where to live, to marry or not, job you choose, etc. n

Amendment X Powers reserved to the states n Powers not assigned in the Constitution (Fed) are reserved to the States or the people. n RWE: States do… n Driver’s License, Marriage License etc. n

Amendment XI Suits against states n Law suits against states must be tried in State Courts n n “Keep states disputes out of Federal Court”

RWE #11 Indian Head Rock sits in a city maintenance garage in Portsmouth, Ohio

Amendment XII Election of President and Vice President n Both are elected on the same “ticket” n

Amendment XIII n Abolition of Slavery n Emancipation Proclamation couldn’t free ALL slaves as Property “Reconstruction Amendments”

RWE: #13 Several nations in Africa still trade slaves n Question: Are Prisoners who’s labor is purchased by contractors a form of slavery? n

Amendment XIV (14) n Rights of Citizens 1. 2. 3. 4. n Penalized the Southern States that refused all citizens the right to vote Keep confederate leaders out of office Forbid payment of Confederate debts Ensured payment of Civil War debts Citizenship defined n All persons born in the United States, including former slaves “Equal Protection of the Law”

#14 RWE n Are ALL children born in the United States naturalized citizens? Yes

Amendment XV n (15) (1868) Right to Vote n Shall not be refused based on race, color, servitude, income or intelligence

#15 RWE What about women? Could they vote in the 1800’s? Yes---- in some states. n States like Wyoming with a lot of widower cattle ranchers allowed women to vote as early as the 1870’s n

Amendment XVI n Federal Income Tax– (first passed by Abraham Lincoln in the Civil War to pay for the heavy national war debt)

Amendment XVII n Direct Election of Senators 1. 2. People of each state voted directly on representatives Vacancies were to be filled by the state governor until a new election

RWE: #17 Before the 17 th Amendment…. . n n Senators were chosen by the state legislators--This was seen by some as “the good ol’ boy system” Today, they are elected directly by the people. Is this a good thing?

Amendment XVIII (18) n Prohibition of Alcoholic Beverages n Prohibited the consumption, sale or transport of alcoholic beverages in the U. S.

RWE #18 The Temperance Movement n n n n This was to lower crime in poverty stricken urban areas It was also perceived as an attack on urban German, Italian and Irish Catholics in America. Cincinnati– German Breweries Closed What is “On the wagon, or Off the wagon” It led to…. . More crime- bootlegers Speakeasies, Al Capone, Smugglers, etc.

Temperance Movement Wagons

Amendment XIX Women’s Right to Vote (1920) “Suffrage” n Could NOT be prohibited by the States. n

#19 RWE n States like Wyoming already allowed women the right to Vote

Amendment XX n “Lame Duck” 1. 2. Shortened time between election of President and VP and inauguration (Election Nov. - Inauguration Jan. 20 th instead of March) New members of Congress elected in Nov. will hold their first session on Jan. 3 rd

#20 Lame Duck- Stops Corruption n What if an elected official (President) lost the election in November and had all the way until March to stay in office– There would be NO Reason to do what is best for the people--- They would be “Self Serving” n They MUST answer to the people!!

Amendment XXI Repeal of Prohibition Amendment n Only amendment used to overturn another amendment and to be ratified by state conventions. n

#21 But…. . The Government collects. . . Large Tax Revenues on these “Sin Taxes” n Alcohol n Gambling n Tobacco n n And…. Regulates these industries

Amendment XXII Presidential Term Limits n Only 2 presidential terms can be served n OR…. 10 total Years n

The Precedent was set by the first President n George Washington--- The People wanted him to serve 2 terms but he wanted to be a citizen first- not a King n FDR– Franklin D. Roosevelt Served 4 terms until he died in 1945 Congress soon passed the 22 nd Amendment after this

Amendment XXIII People living in Washington, D. C. have the right to vote in Presidential elections n Still without representation in Congress n

#23 Protests in D. C. over representation n Is this Constitutional since D. C. was Carved out of 2 States in 1790?

Amendment XXIV Abolition of the Poll Tax n Originally a tax paid to vote in elections in Southern states n

RWE #24 -- Poll Taxes in the South n Many people were poor sharecroppers

Amendment XXV Presidential Disability and Succession n Vice President replaces President if he dies, resigns or is impeached n President appoints a VP if there is a vacancy and it is approved by congress. n

RWE #25– Nixon Resignation n Gerald Ford was the only President NEVER ELECTED--- How?

Amendment XXVI Voting age 18 years old n From 21 n

RWE #26 Why? n In 1970 --- A high school senior could be drafted at age 18, go to Vietnam– serve 2 years of duty--- come home and NOT be old enough to Vote– Did this make sense?

Amendment XXVII Restraint of Congressional Salaries n No congressional salary raises will take affect until the next session. n

#27 RWE n Don’t you think Congress should be able to vote themselves a Pay Raise? After all, they have the power of the purse!