The Amendments
I. The Bill of Rights (1st 10 Amendments)
A. 1st Amendment • Guarantees freedom of religion, speech, assembly, and press, and the right of people to petition the government • No official religion • Citizens can criticize government • American press is not subject to prior restraint - that is, government censorship of information before it is published
1st Amendment (cont.) • 1. Slander (false speech intended to damage a person’s reputation) and libel (similar to slander except it applies to written or published statements) are both illegal • 2. You must be responsible. For example, you cannot endanger the nation’s safety by giving away military secrets or call for the violent overthrow of the gov’t. • 3. Don’t cry “Fire” in a crowded theatre
Is this O.K.? What do you think and why?
B. 2nd Amendment • Right to Bear Arms • Originally intended to prevent the national government from taking away weapons • Can be regulated Right to Wear Sleeveless shirts
C. 3rd Amendment • Prohibits government from forcing people to provide shelter for soldiers • In times of war this could be changed by law
D. 4th Amendment • Police must have probable cause (a reasonable basis to believe the person or premises is linked to a crime) to carry out an arrest or search • A search or an arrest also requires a search warrant or an arrest warrant (these are orders signed by a judge describing a specific place to be searched for specific items or naming the individual to be arrested for a specific crime)
E. 5th Amendment • No one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial • Cannot be tried for the same crime twice • Cannot be forced to testify against himself or herself • Government cannot deprive any person of life, liberty, or property without due process of law (gov’t needs to follow proper procedures in trials)
Miranda v. Arizona • 1. You have the right to remain silent. • 2. Anything you say can and will be used against you in a court of law. • 3. You have the right to an attorney. • 4. If you cannot afford an attorney, one will be appointed for you.
F. 6th Amendment • Guarantees the right to a speedy and public trial by an impartial jury. Why? • Change of venue may be asked for as well • Accused persons have the right to a lawyer
G. 7th Amendment • Right to a trial by jury for disputes about property worth more than $20
H. 8th Amendment • 1. Prohibits excessive bail • 2. prohibits excessive fines • 3. Bans cruel and unusual punishment (these are punishments that are out of proportion to the crime committed)
I. 9th Amendment * protects all basic or natural rights not specifically noted in the Constitution J. 10th Amendment * establishes that powers not given to the national gov’t - or denied to the states - by the Constitution belong to the states or to the people
II. Other Amendments • A. 11th Amendment (1795) – prohibits a state from being sued in federal court by citizens of another state or of another nation • B. 12th Amendment (1804) – required presidential electors to vote separately for president and vice president
III. Civil War Amendments • A. 13th Amendment (1865) – abolished slavery • B. 14th Amendment (1868) – originally intended to protect the legal rights of the freed slaves and their descendants. Today it protects the rights of citizenship in general by prohibiting a state from depriving any person of life, liberty, or property without “due process of law.” • C. 15th Amendment (1870) – prohibits the government from denying a person’s right to vote on the basis of race
IV. Later Amendments (20th Century) • A. 16th Amendment (1913) • Gave Congress the power to levy individual income taxes • Progressive tax – assigned higher tax rates to people with higher incomes
B. 17th Amendment (1913) • Provided for the election of U.S. Senators by direct popular vote instead of by state legislatures Norm Coleman Mark Dayton
C. 18th Amendment (1919) • Outlawed the manufacture, sale, or transportation of alcoholic beverages • (Prohibition)
D. 19th Amendment (1920) • Guaranteed women the right to vote • (Women’s Suffrage)
E. 20th Amendment (1933) • Shortened the time between a presidential election and inauguration by designating January 20 as Inauguration Day; set January 3 as the date for the opening of a new Congress
F. 21st Amendment (1933) • Repealed the 18th Amendment and empowered Congress to regulate the liquor industry
G. 22nd Amendment (1951) • Limited presidents to 2 full terms in office – Why?
H. 23rd Amendment (1961) • Granted voters in the District of Columbia the right to vote for president and vice president.
I. 24th Amendment (1964) • Outlawed poll taxes (taxes paid in order to vote) in federal elections. • Why were these used?
J. 25th Amendment (1967) • Provided for succession to the office of president in the event of death or incapacity and for filling vacancies in the office of the vice president
26th Amendment (1971) – extended the right to vote to 18-year olds • 27th Amendment (1992) – banned Congress from increasing its • members’ salaries until after the next election • What are some ideas for future amendments?
