The Constitution and the Bill of Rights

1. The Constitutionand the Bill of Rights By Phyllis Naegeli (Notes on handout)

2. *Here are some notes you should have in your Passport Journal.

3. The Constitution (1787) has seven articles. It replaced the �Articles of Confederation� (1781).

4. Article I (1) established the legislative branch. There are two houses, the Senate and the House of Representatives. The number of Representatives for a state comes from population (Florida has 25). Ours is Jeff Miller. Two Senators for each state (100 in all): Bill Nelson and Marco Rubio (Florida)

5. Article II (2) established the executive branch. The President and 15 Cabinet members Secretary of State � Hillary Rodham Clinton

6. Article III (3) established the Supreme Court (the judicial branch). Nine judges, six men and three women Chief Justice is John Roberts.

7. Article IV (4) established the relationship of the states.

8. Article V(5) established a way to change (amend) the Constitution. Two-thirds approval vote of both houses of Congress Three-fourths approval vote of states (38)

9. Article VI(6) says that government must pay the country�s debts and makes the Constitution the supreme law of the land.

10. Article VII(7) established the rules for ratification of the Constitution

11. First (1st) Amendment Freedom of religion, speech, press, assembly, and petition (ask the government for help when an injustice is done).

12. Second (2nd) Amendment Right to keep and bear arms (own a gun or other weapon)

13. Third (3rd) Amendment Prohibits the government from forcing citizens to house soldiers during time of war

14. Fourth (4th) Amendment Protects people from unreasonable search and seizure without probable cause

15. Fifth (5th) Amendment A citizen cannot be tried twice for the same crime if he/she has been found innocent of that crime A citizen on trial does not have to testify against himself/herself (�pleading the Fifth�) The government can take private land for public use if they pay a fair price to the owner.

16. Sixth (6th) Amendment Right to Speedy Trial, Confrontation of Witnesses. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

17. Seventh (7th) Amendment Trial by Jury in Civil Cases. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

18. Eighth (8th) Amendment No Cruel and Unusual Punishment, Excessive Bail or Fines. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

19. Ninth (9th) Amendment Construction of Constitution does not deny other rights of the people. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

20. Tenth (10th) Amendment Powers of the States and People. 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.

21. Please have your Passport Journal and pen/pencil ready for class. Get your mind ready to focus on the Amendments to the Constitution. Thank you.

22. Eleventh (11th) Amendment Judicial Limits. Immunity of states from suits from out-of-state citizens and foreigners not living within the state borders. Lays the foundation for sovereign immunity.

23. Twelfth (12th) Amendment Choosing the President, Vice-President. Revises presidential election procedures

24. Thirteenth (13th) Amendment Slavery Abolished. Abolishes slavery and involuntary servitude, except as punishment for a crime

25. Fourteenth (14th) Amendment Citizenship Rights. Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues

26. Fifteenth (15th) Amendment Prohibits the denial of suffrage (voting rights) based on race, color, or previous condition of servitude

27. Sixteenth (16th) Amendment Allows the federal government to collect income tax

28. Seventeenth (17th) Amendment Establishes the direct election of United States Senators by popular vote

29. Eighteenth (18th) Amendment Establishes Prohibition of alcohol (Repealed by Twenty-first Amendment)

30. Nineteenth (18th) Amendment Establishes women's suffrage (voting rights)

31. Twentieth (20th) Amendment Fixes the dates of term commencements for Congress (January 3) and the President (January 20); known as the "lame duck amendment"

32. Twenty-first (21st) Amendment Repeals the Eighteenth Amendment (Prohibition of alcohol)

33. Twenty-second (22nd) Amendment Limits the president to two terms, or a maximum of 10 years (i.e., if a Vice President serves not more than one half of a President's term, he or she can be elected to a further two terms)

34. Twenty-third (23rd) Amendment Provides for representation of Washington, D.C. in the Electoral College

35. Twenty-fourth (24th) Amendment Prohibits the revocation of voting rights due to the non-payment of poll taxes

36. Twenty-fifth (25th) Amendment Codifies the Tyler Precedent; defines the process of presidential succession

37. Twenty-sixth (26th) Amendment Establishes the official voting age to be 18 years old

38. Twenty-seventh (27th) Amendment Prevents laws affecting Congressional salary from taking effect until the beginning of the next session of Congress