Presentation on theme: "To the U.S. Constitution. The Bill of Rights Amendments 1 through 10."— Presentation transcript:
To the U.S. Constitution
The Bill of Rights Amendments 1 through 10
How do you expect to be treated? Introductory Video
Written by James Madison after a call from several states for individual protections from the government Remember the arguments between the Federalists and Anti-Federalists—Madison was an Anti- Federalist He was influenced by George Mason, author of The Virginia Declaration of Rights This Bill of Rights LIMITS the powers of our government Background Information
Guarantees the freedom of religion, speech, press, and peaceable assembly Religion: we can practice or not practice any beliefs Speech: we can share what we think about the government (but we cannot tell lies or incite panic) Press: we can print what we think about the government Peaceable Assembly: we can hold demonstrations if we go through the right steps Petition: we have the right to express our views and ask for change The 1 st Amendment
Religion What should we do when “the enemy” is represented in America?
Speech Where should we draw the line? Should there be a line?
Peaceable Assembly What are you willing to protest? What steps should we have to go through to be protected by this amendment?
Press Involves much more today that ever expected! What do we really need to know?
Right to Petition Have you ever been asked to sign a petition? We can try to change laws ourselves through petition… Create a law Acquire enough signatures Place it on the ballot for citizens to decide
Guarantees the right to bear arms The actual wording: Amendment II: 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. Today, we have so much controversy about what this means A state Army Weapons for hunting The ability to defend ourselves Simple versus high powered guns The 2 nd Amendment
Should people have weapons at all? Are any weapons unacceptable? Should there be rules about who can have them? Should there be rules about how we acquire them? Should people be able to carry them around? Is it alright to conceal weapons? Do legal and illegal weapons contribute to crime? Who should make these rules? Some of the Issues
Should we own guns? ForAgainst
The 3 rd Amendment Not really an issue now, but was quite common in Colonial America
The 4 th Amendment Freedom from unreasonable search and seizure Police need a warrant to search your property, but if they have a good enough reason they can search you Things to consider Stop and frisk Searching a home Searching a car Phone taps Looking through garbage on the curb Social media
The 5 th Amendment Due Process: there has to be some serious evidence to even accuse a person of a crime; grand juries will make this decision Plead the Fifth: we don’t have to incriminate ourselves No Double Jeopardy: we can’t be tried for the same crime twice
The Patriot Act: passed by Congress and signed by President Bush in 2001 Allowed the government to detain immigrants, listen in on phone conversations, and search homes and businesses; was a response to the 9/11 attacks The National Defense Authorization Act: passed by Congress and signed by President Obama each year Newest provision allows for indefinite incarceration Are these violations of the 5 th Amendment? Consider These:
The 6 th Amendment If you’re accused of a crime, what rights do you have? A speedy trial A public trial An impartial jury A court appointed attorney The right to confront/question witnesses and the accuser
Regarding civil cases—where one person sues another person If it involves more than $1500 (the Constitution says $20), it has to be held before a jury; otherwise it’s settled in small claims court A person cannot go to jail because of a civil case 7 th Amendment
8 th Amendment We need to have an appropriate bail No cruel or unusual punishment Is Capital Punishment Constitutional? Is Capital Punishment Constitutional?
It reads: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Some call this the Silent Amendment because there is some power in it’s lack of words In 1958, Supreme Court Justice Robert H. Jackson wrote that the rights protected by the Ninth Amendment "are still a mystery." The 9 th Amendment
Powers not granted to the Federal Government are left up to the individual states. What are some issues that could be involved? This is where we stand right now with same-sex marriage. The 10 th Amendment
Bill of Rights in 30 Seconds Bill of Rights in 30 Seconds You can do a better job than that! Write a script and act it out. Include all 10 amendments Aim for less than a minute Worth 15 points Present or share a video for 15 bonus points Video: hand trick ?
Reconstructive Era Amendments Amendments 13 through 15
Civil War Separation
Refers to the period following the Civil War; the United States had been divided and needed to be reconstructed. Questions that existed: How would the Confederate states be readmitted? What about emancipation for slaves? Do all the black men have the same status as white men? What about Confederate leaders? Are they traitors? What is the Reconstructive Era?
The 13 th Amendment Ended slavery within the United States and anywhere within its jurisdiction Congress will pass laws necessary to enforce this Amendment Pass and ratified in 1865
The 14 th Amendment Everyone born in the United States or naturalized is a citizen of the U.S. and of the state where he/she resides All citizens, regardless of color, have the same rights Pass in 1866 and ratified in 1868 Should this be amended?
The 15 th Amendment The right to vote cannot be denied to a citizen, regardless of color, race, or previous condition of servitude Meaning: African Americans (including former slaves) can vote Passed in 1869 and ratified in 1870
Progressive Era Amendments Amendments 16 through 19
What is the Progressive Era? Covers the time period from 1890 to 1920 An umbrella label for a wide range of economic, political, social, and moral reforms Was a result of the industrial revolution and the growth of cities
The 16 th Amendment Congress can collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration If you’re going to have social services, someone has to pay for them! Passed in 1909 and ratified in 1913
The Tax Controversy There are citizens that refuse to pay taxes— and tax fraud is a federal offense Some cite earlier amendments as offering protection Some claim this amendment was never legally ratified
The 17 th Amendment Under the Constitution, Senators were elected by individual state legislatures This Amendment gave citizens the right to elect the Senators that represent their state Passed in 1912 and ratified in 1913
The 18 th Amendment Our Amendment for Prohibition Within one year of ratification—no more alcohol Ratified in 1917 and passed in 1919
Roots for Prohibition By 1830, the average American over 15 years old consumed nearly seven gallons of pure alcohol a year – three times as much as we drink today. Alcohol abuse (primarily by men) was wreaking havoc on the lives of many, particularly in an age when women had few legal rights and were utterly dependent on their husbands for sustenance and support.
History of Prohibition Supporting the BanAgainst the Ban
The 19 th Amendment The right to vote will not be restricted by gender… women have the right to vote Passed in 1919 and ratified in 1920
Extensions of Suffrage Amendments 15, 19, 23, 24, and 26
The 15 th Amendment Remember, this Amendment extended voting privileges to African American men
The 19 th Amendment Remember, this Amendment extended voting privileges to women
Extended the right to vote for president to the residents of Washington, D.C.; prior to this, they were unable to vote for President! Cannot have more electoral votes than the fewest assigned to a state Passed in 1960 and ratified in 1961 The 23 rd Amendment
The 24 th Amendment Eliminated poll taxes At this time, five states were still charging taxes to vote! They were: Virginia, Alabama, Texas, Arkansas, and Mississippi. No one has to pay for the right to vote! Passed in 1962 and ratified in 1964.
Lowered the voting age to 18 from 21 Discussion first began during WWII when the draft age was lowered to 18 Passed and ratified in 1971— the fastest amendment to be ratified The 26 th Amendment
The Presidency Amendments 12, 20, 22, and 25
Provisions for electing a President and a Vice President Prior to this amendment, the Electoral College would vote for who they thought should be president; the person with the most votes became President, the second most became Vice President—even if they were from different political parties The VP must be Constitutionally eligible to be President Passed in 1803 and ratified in 1804 The 12 th Amendment
The 20 th Amendment Set the terms for the President and Congress A Presidential term begins at noon on January 20 th Each Congressional term begins at noon on January 3 rd —and they’re required to meet Passed in 1932 and ratified in 1933
Limits a President to two four-year terms in office Trend to serve two terms started with Washington FDR ignored this trend and was elected FOUR times during the Depression and World War II If a VP finishes more than two years of a presidential term, it counts as a full term Passed in 1947 and ratified in 1951 The 22 nd Amendment
1. VP automatically becomes President if the current President dies, resigns, or is removed from office 2. The President can choose a new VP if something happens (must be approved by Congress) 3. VP can become Acting President temporarily with a written declaration to begin and end this time 4. The VP and Congress can act in an emergency to say the President is unfit to serve The first three provisions have been used, the fourth hasn’t Proposed in 1965 and ratified in The 25 th Amendment What happens to the Presidency if the president is Impaired, disabled, or unable to perform his duties?
Unique Historical Circumstances Amendments 11, 21, and 27
Declares the state governments sovereign—meaning they are exempt from criminal or civil lawsuit As a citizen of Ohio, if I sue California it must go to the U.S. Supreme Court Was seen as a protection for the states from the Judicial Branch Proposed in 1794 and ratified in 1795 The 11 th Amendment
The repeal of Prohibition Proposed and ratified in 1933 The 21 st Amendment
Congressional salaries will not change until AFTER the election of Representatives to the House. Proposed in 1789, but not ratified until 1992! This had been a part of the proposed amendments that became the Bill of Rights The 27 th Amendment
Review the Amendments
Work alone or with a small group—chose an amendment for each person Find at least two U.S. Supreme Court cases that dealt with the Amendment(s) Word the Amendment(s) in your own words Summarize the court cases Explain how these cases strengthened the protection of the Amendment(s) for the American people Supreme Court Cases and The Amendments
Potential Future Amendments
Remember, an Amendment is a CHANGE to the Constitution Why would we change this important document? Proposed by Congress or State Legislatures; voted on by State Legislatures or State Conventions We’ve had Amendments dealing with civil rights, suffrage, and citizenship Why add an Amendment?
Legalization of Marijuana Green = legal Black = illegal Blue = medicinal use Gold = medicinal use and decriminalized Tan = decriminalized
Same Sex Marriage Purple = Full Rights Gold = No Rights
Write a persuasive paper addressing a future potential amendment or a change in a current amendment. Include personal reasons to support passage of this amendment, but also look up some research that supports it. Craft a well-written five paragraph paper that Introduces your amendment Includes at least three separate reasons/supports A conclusion that calls for action Your Assignment!