Jonathan Collom First Amendment The first amendment guarantees

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Jonathan Collom First Amendment • The first amendment guarantees freedom to worship without government

Jonathan Collom First Amendment • The first amendment guarantees freedom to worship without government influence in addition to keeping the government from establishing an official religion. • It also gives freedom of speech, so far as it does not endanger others in any way. The press can report on and say whatever they choose. • Citizens are also given the right to peacefully assemble for any reason and petition the government on any issue. Court Cases 1989 Texas v. Johnson: Gregory Lee Johnson burned an American flag outside of the RNC in Texas. He was subsequently charged, but the court ruled that burning a flag, no matter how offensive to some, was protected speech under the first amendment. This case expanded freedom of speech to include things that are considered offensive but not necessarily illegal. Engel v. Vitale: The S. C ruled that required school prayer was unconstitutional because the government cannot favor one religion over the rest. The case set a precedent for separation of church and state.

Tommy Militello Second Amendment • “A well-regulated Militia being necessary to the security of

Tommy Militello Second Amendment • “A well-regulated Militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ” • Originally intended to make sure that the actions that the British took would not happen again. -Prior to the American Revolution, the British tried to take away all weapons from the citizens armed forces. • It supports the right of citizens to posses firearms, but it does not prevent congress from controlling interstate sale of weapons. • The S. C. rules that the second amendment doesn’t apply to the states Court Case 1894 Miller v. Texas: Miller shot a police officer with a gun, and claimed he had the right to bear arms, but the S. C. ruled that the 2 nd amendment doesn’t apply to state laws, such as the Texas law.

David Norick Third Amendment • “No Soldier shall, in time of peace be quartered

David Norick Third Amendment • “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. ” • Cannot be forced to house soldiers in private home during peacetime. • Must have owner’s consent in peacetime • Can be housed under certain conditions in war. • Amendment from colonial era when British forced quartering of soldiers • One of the major British law that angered colonists. • Every house owner is entitled to control of who lives in their house, even if the people in need are soldiers.

Henry Chou • • Fourth Amendment prevents unreasonable searches and seizures by requiring a

Henry Chou • • Fourth Amendment prevents unreasonable searches and seizures by requiring a warrant. The search and seizure process should be done by an officer of the law who has a warrant that lists the specific things expected to be searched and seized. Warrants must be issued by a court of law and requires a probable cause. Probable cause is the reason for an officer of law to conduct a search or arrest. As long as there is a probability where incriminating evidence is involved, there is probable cause. • Court Cases: Mapp v. Ohio (1961), evidence acquired by violating the fourth amendment cannot be used in a court. New Jersey v. T. L. O. (1985), the search of a student’s backpack or locker is not in violation of the fourth amendment. Board of Education of Pottawatomie County v. Earls (2002), students who participate in public school extracurricular must submit to a drug test.

Brett Settle Fifth Amendment • No one can be tried for a serious crime

Brett Settle Fifth Amendment • No one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial. • A person found innocent of a crime may not be tried again for the same offense. • No one may be forced to testify against him or herself • Government may not deprive any person of life without due process of law • Defines governments right of eminent domain-power of gov, to take private property for public use (ex: Highway, dam, park) Gov. must pay fairly and use well. Court Case 1966 Miranda v. Arizona: Prime suspect of kidnap-rape. The S. C. reversed his conviction on appeal. Suspects must me told that they: Have a right to not answer What they say can be used against them A lawyer may be present during questioning

Tommy Militello Sixth Amendment • The right to a speedy, public trial by a

Tommy Militello Sixth Amendment • The right to a speedy, public trial by a jury. • Prevents the government from silencing it’s critics by holding them for an extended period of time without trials. • Requires trials to be conducted so that justice is in the view of the people. • Gives the accused the right to know what is being charged against them, and has a right to question and hear witnesses against them. • A right to a lawyer. Court Case 1966 Sheppard v. Maxwell: the Supreme Court ruled that the right to a public trial is not mandatory. If the public would undermine the defendant’s right to due process, then limitations can be put on the public.

David Norick Eighth Amendment • Prohibits excessive bail • No court of any kind

David Norick Eighth Amendment • Prohibits excessive bail • No court of any kind is allowed to set bail that is not reasonable according to the crime • Common theft has lower bail than a murder. • Fines are to be in proportion with the committed/convicted crime. • More serious crimes earn larger fines while lower crimes receive less costly fines • Can’t be imprisoned for more time than sentenced to ‘work off’ the crime • Fines are to be levied fairly and federal government will not charge people unfairly for crimes • Prohibits cruel and unusual punishment. Court Case 1972 Furman vs. Georgia: Furman sentenced to death for accidentally killing a man while breaking into a house. Appeal overturned ruling based on due process clause
Case made a minimum requirement of due process, or the punishment was cruel and unusual.

Henry Chou Ninth Amendment • People are entitled to rights that are not listed

Henry Chou Ninth Amendment • People are entitled to rights that are not listed in the constitution. • Protected the rights that were not mentioned or anticipated in the constitution. Court Cases: Griswold v. Connecticut (1965), right to privacy is protected by the ninth amendment. Troxel v. Granville (2000), the right of the parent to decide whether a none parent person can visit the child is protected by the ninth amendment.

Brett Settle Tenth Amendment • “The powers not delegated to the United States by

Brett Settle Tenth Amendment • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ” • Added nothing to the ratified constitution. • Added to reaffirm fed-state relationship. • Rights reserved to states

Jonathan Collom Twelfth Amendment • This amendment required the vice president and president to

Jonathan Collom Twelfth Amendment • This amendment required the vice president and president to be voted for separately. • In the past, the VP was the runner up, in which case the President and vice president often had widely differing views. • This amendment ensures a degree of unity at the top of our government.

Henry Chou • • Fourteenth Amendment Anyone born or naturalized in the United States

Henry Chou • • Fourteenth Amendment Anyone born or naturalized in the United States regardless of race or color is a citizen and has the right of a citizen. No states can violate the rights of citizens. Without due process of law, everyone has the right of life, liberty, or property. On one can be denied of the equal protection of the laws. Court Cases: United States v. Virginia (1996), sex-base admission violates the rights protected by the fourteenth amendment. Lawrence v. Texas (2003), samesex sexual activities are legal in the United States and are protected by the fourteenth amendment.

David Norick Thirteenth Amendment • Bans slavery • Finally do what is right for

David Norick Thirteenth Amendment • Bans slavery • Finally do what is right for the slaves, give them their lives • Prohibits involuntary servitude • People won’t work against their own will -Includes forcing any children, immigrants, or mentally incapable people to work via physical force, threats, or psychological force • Protects people, especially those susceptible to others, against other people who wish to make them their forced workers. • All workers must be working by choice, not by force, unless they committed a crime and work is punishment. Court Case 1896 Plessy v. Ferguson: Plessy claimed that Separate Car Act for separate races was violating 13 th amendment. This Introduced notion of ‘separate but equal’. Even if races were separated, as long as the facilities were thought to be equal it was legal. Separate but equal facilities did not count as slavery.

Brett Settle Fifteenth Amendment • “Section 1. The right of citizens of the United

Brett Settle Fifteenth Amendment • “Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation” • Prohibits the Government from denying a person’s right to vote on the basis of race.

Tommy Militello Sixteenth Amendment • The Congress shall have power to lay and collect

Tommy Militello Sixteenth Amendment • The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. • Allows Congress to levy on income tax with out basing it on census results or on state apportionment Court Case 1895 Pollock v. Farmer’s Loan & trust Co. : the S. C said that certain taxes on incomes (Ex: property under the 1894 Act) are unconstitutionally unapportioned taxes. The Court ruled that a tax on property income should be treated as a tax on "property by reason of its ownership" and should be apportioned. Taxes on the rents from land burdened the property generating the income similarly to the way that a tax on "property by reason of its ownership" burdened that property.

David Norick Seventeenth Amendment • Direct election of senators • The citizenry elects the

David Norick Seventeenth Amendment • Direct election of senators • The citizenry elects the senators with a direct vote • Changed constitutional idea of electing senators from the state legislature’s vote • Governor allowed to appoint a replacement senator for vacant seat until special election is carried out in case of open seat in a non election time period. • The people were given more say in government. Avoids large corruption scams in the vote that came from state legislatures. Federal government appealed to the people.

Jonathan Collom Eighteenth Amendment • The 18 th amendment, also known as prohibition, outlawed

Jonathan Collom Eighteenth Amendment • The 18 th amendment, also known as prohibition, outlawed alcohol in he United States. • The subsequent Volstead act laid out measures to enforce the amendment. • Prohibition led to an increase in corruption and organized crime in the form of speakeasies and outright alcohol smuggling. • This amendment was later nullified by the 21 st amendment.

Brett Settle Nineteenth Amendment • “The right of citizens of the United States to

Brett Settle Nineteenth Amendment • “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. ” • Guaranteed woman the right to vote, despite woman already able to vote some places, this was nation wide.

Tommy Militello Twenty-fourth Amendment • “Section 1. The right of citizens of the United

Tommy Militello Twenty-fourth Amendment • “Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. Section 2. The Congress shall have power to enforce this article by appropriate legislation. ” • Prohibits Congress and the states from conditioning the right to vote in federal elections on the payment of a poll tax or any other kinds of tax. Court Case 1937 Breedlove v. Suttles: which ruled that the, “privilege of voting is not derived from the United States, but is conferred by the state and, save as restrained by the Fifteenth and Nineteenth Amendments and other provisions of the Federal Constitution, the state may condition suffrage as it deems appropriate. “

Jonathan Collom Twenty-Sixth Amendment • “Section 1. The right of citizens of the United

Jonathan Collom Twenty-Sixth Amendment • “Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2. The Congress shall have the power to enforce this article by appropriate legislation” • The 26 th amendment set the voting age to 18, instead of 21. • This was done in response to the Vietnam war; people were upset that young men could be sent off to fight and die, but still not have say in makeup of the government that sent them there.

David Norick Advise and Consent Clause • Senate power over the executive branch •

David Norick Advise and Consent Clause • Senate power over the executive branch • Senate has say in presidential appointments foreign ambassadors, judges, and cabinet appointees. Can reject candidate for job. • Senate advises president on treaties with foreign nations and can accept or reject treaty. Needs a 2/3 rds vote of approval. • Used as bargaining chip in other matters • Part of the checks and balances system. Check by the Senate (Legislative branch) on the executive branch. Senate has say in judicial system and foreign matters. Way for Senate to get what they want in other parts of government.

Henry Chou Necessary and Proper Clause • • Congress has the right to make

Henry Chou Necessary and Proper Clause • • Congress has the right to make laws that are necessary and proper to carry out the powers granted by the constitution. Allow new laws address things and issues that were not anticipated by the founding fathers. Court Cases Mc. Culloch v. Maryland (1819), gave Congress to make laws that are not mentioned in the constitution. Wickard v. Filburn (1942), Congress has the right to regulate production and consumption because of the elastic clause.

Jonathan Collom Supremacy Clause • Federal laws take precedence over state laws in any

Jonathan Collom Supremacy Clause • Federal laws take precedence over state laws in any case, as long as the federal government is acting within constitutional guidelines.

Brett Settle Establishment Clause • 1 st Amendment guarantees that: “Congress shall make no

Brett Settle Establishment Clause • 1 st Amendment guarantees that: “Congress shall make no law respecting an establishment of religion” Court Case 1971 Lemon v. Kurtzman: State funding of parochial schools is unconstitutional.

Henry Chou Full Faith and Credit Clause • Preserves the validity of public documents

Henry Chou Full Faith and Credit Clause • Preserves the validity of public documents or record across different states. • Aside from documents and records, different states must also honor the court proceedings from other states.

Tommy Militello Commerce Clause • The Commerce Clause was the Framers' response to not

Tommy Militello Commerce Clause • The Commerce Clause was the Framers' response to not having any federal commerce power under the A. C. The main use of the Clause was to preclude the discriminatory state legislation that was once allowed. • The Commerce Clause is one of the most fundamental powers given the Congress. • Interpretation of the sixteen words of the Commerce Clause has helped balance of power between the federal government and the states. Court Case Gibbons v. Ogden: Congress has the power to regulate interstate commerce and the power to regulate interstate navigation. The Court's decision supports one important line of Commerce Clause: The electoral process of representative government represents the limitation on the Commerce Clause powers: “The wisdom and the discretion of Congress…and the influence which their constituents possess at elections, are…declaring war, the sole restraints on which they have relied, to secure them from its abuse. They are the restraints on which the people must often rely solely…”