The Amendments to the United States Constitution

1. The Amendments to the United States Constitution

2. Bill of Rights: Amendments 1-10 • Written to satisfy the anti-federalists • James Madison was the author of the Bill of Rights • Twelve were originally proposed, but ten made the cut • Adopted December 15, 1791 • Pneumonic Device - FAQSPRTERS

3. 1st Amendment (BOR)Freedoms • “Stinky AP People Reek” • Freedom of… • S – Speech – speak your thoughts • A – Assembly – peaceful discussion groups • P – Press – print your thoughts • P – Petition – voice grievances against gov’t • R – Religion – free exercise of … • You can do these without the government arresting you

4. 2nd Amendment (BOR)Arms, Right to Bear • Militias are integral to security, so people have right to keep & bear arms • Are militias required for security now? If not, is this obsolete?

5. 3rd Amendment (BOR)Quartering of Troops • No Quartering of soldiers in peacetime • Quartering during time of war only when prescribed by law

6. 4th Amendment (BOR)Search & Seizure • You and your property cannot be searched or seized without probable cause • Probable Cause is always required • Sufficient evidence to issue a warrant • Warrants • Legal document that gives authorities permission to search • Warrant must detail what is to be searched/seized and why • Not always required • Consent search • Plain view • Detention: Frisking

7. 5th Amendment (BOR)Protections of the Accused • To be tried, must be charged with a crime by a Grand Jury • Grand Jury – formally brings individuals up on charges • Must receive fair trial (due process) • No double jeopardy – tried twice for same crime • No self-incrimination • Right to remain silent • Don’t need to testify against oneself • Eminent domain – property cannot be seized without compensation

8. 6th Amendment (BOR)Rights of the Accused • Right to speedy trial • Right to a jury trial (in district where crime was committed) • Petit Jury – hears & rules on cases • Right to an attorney • Right to secure witnesses

9. 7th Amendment (BOR)Trial by Jury in Civil Cases • If your suit exceeds $20

10. 8th Amendment (BOR)Excessive… • No excessive… • Bail • Fines • Punishment (cruel and unusual)

11. 9th Amendment (BOR) Rights Unenumerated • Can’t possibly list all the rights of people • I have right to chew gum, breath, walk down the street on my hands, backwards singing Brittany Spears songs • This says just because a right is not listed in the Constitution/Amendments does not mean that people don’t have that right

12. 10th Amendment (BOR)States • Powers not delegated to the Federal government by the Constitution are State powers, unless specifically prohibited to the States • Drivers’ Licenses • Education • Death Penalty

13. 11th Amendment – 1796Can’t Sue States • Caused by Chisholm v. Georgia case in the early 1790s • Alexander Chisholm of SC sued Georgia for payment for clothing sold during Revolutionary War • Georgia claimed it was not a federal matter and did not show • Supreme Court ruled it was OK for citizens to sue the state • Led to more lawsuits • States collectively push to pass this amendment • Said…States can only be sued if they agree to be sued • States usually don’t invoke this …bad PR

14. 12th Amendment – 1804President/VP – Separate Tickets Election of 1800 prompted this • In the day, candidate with most electoral votes wins Presidency, 2nd place – VP • Election of 1800 – • Each elector casts two votes • Jefferson & Aaron Burr tie • Went to the House to determine Presidency • Both tried to gain influence • Alexander Hamilton pushed for Jefferson among Federalists • Didn’t agree with Jefferson’s politics, but he thought Burr too much of a loose cannon…Jefferson won • To assure that this would not happen again, the 12th amendment allowed for two separate votes for President & VP • Candidates run on a combined ticket, but there are separate ballots • Electors now cast one vote for President and another vote for VP • This is how it works today, so we are effectively choosing electors when we go to the polls

15. Civil War Amendments • 13th Amendment • 14th Amendment • 15th Amendment

16. 13th Amendment – 1865 Abolition of Slavery • Abolished slavery • Eliminated Slave Trade and Commerce Clause & Fugitive Slave Clause

17. 14th Amendment – 1868African-American Citizenship • Established citizenship rights for African Americans • Cannot violate natural rights w/o due process of law • Eliminates 3/5 clause • Also stated that Confederate politicians may not serve in state or federal politics in US, unless Congress approves

18. 15th Amendment – 1870Universal Male Suffrage • Provided African Americans the right to vote • Cannot deny right to vote based on race, color, or previous condition of servitude

19. Progressive Era Amendments • 16th Amendment • 17th Amendment • 18th Amendment • 19th Amendment • Fix the problems of the Gilded Age

20. 16th Amendment – 1913Income Tax • Gave Congress the power to collect taxes on income • US needed a new source of income • Tariffs were a major source of income prior to 1913 • Retaliatory tariffs were hurting exports

21. 17th Amendment – 1913Direct Election of Senators • Prior to 1913, Senators were chosen by state legislators. • The people now directly vote for their Senators

22. 18th Amendment – 1918Prohibition • Times were tough in America for workers • Long working days • Low pay • Kept people in poverty • Men would go out and have too many root beers • Wives did not appreciate absent, drunk and potentially abusive husbands wasting money • Women petition to prohibit alcohol • Amendment prohibits the manufacture, sale or transportation of liquor • Lasts until 1933

23. 19th Amendment – 1920Women’s Suffrage • Women gain right to vote

24. FDR Amendments • 20th Amendment • 21st Amendment • 22nd Amendment

25. 20th Amendment – 1933Lame Duck • Prior to 1933, Presidents would take office on the March 3rd after they won the election. • Lame duck period is the time between a presidential election and when the new President takes over • Necessary • Allows outgoing President to wrap things up • Gives new President time to learn the ropes, assemble a staff • Might take time to count votes • No longer need a large span of time since communication and transportation were so good • New President will take office on January 20th

26. 21st Amendment – 1933Repeal Prohibition • Repeals the 18th Amendment • Problems with 18th Amendment • Unenforceable • Speakeasies – people were drinking illegally • Created the mob • Solutions • Created jobs in the middle of the Great Depression (Breweries & Distilleries) • Government can tax alcohol

27. 22nd Amendment – 1951Term Limits • FDR remained President from 1933-1945 • Republicans were rising to power in the early fifties and didn’t like the fact that FDR was in office for so long • Created term limits for President • 2 elected terms or 10 years max

28. 23rd Amendment – 1961District of Columbia Can Vote • Prior to 1961, people in the District of Columbia could not vote for President • Voting for President was reserved for states • It was the seat of government, no one but politicians lived there • Folks moved there to support the politicians • Population exceeded 13 of the states • Provides D.C. with the number of electoral votes equal or less than the least populace state

29. 24th Amendment – 1964Poll Taxes Abolished • Right to vote cannot be denied to any person because they failed to pay a poll tax or any other tax • Poll Taxes were used after reconstruction to circumvent the 15th Amendment • Literacy Tests and Grandfather Clause were also used • Poll tax did nothing to prevent this – Voting Rights Act of 1965

30. 25th Amendment – 1967Presidential Succession • If the President resigns, is incapacitated or killed, the VP is the acting President • President can declare the VP in charge or • The VP and a majority of cabinet members can declare the President unfit, and therefore the VP would be acting President • New President must fill the VP role with Congressional approval • *** Caveat to Presidential Succession Act of 1947

31. 26th Amendment – 1971Voting Age to 18 • Prior to 1971 you needed to be 21 years old to vote • In the wake of Vietnam, made more sense to change this to 18 years old

32. 27th Amendment – 1992Congressional Pay Raises • Congress passes legislation to give themselves pay raises • Amendment says that compensation changes cannot take effect until after the next election cycle • *** Initially submitted in the Bill of Rights, but removed.