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Constitutional Amendments

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Presentation on theme: "Constitutional Amendments"— Presentation transcript:

1 Constitutional Amendments

2 Amendments Changes to the constitution can only be accomplished through the amending process. The first ten amendments are called the Bill of Rights. They place strict limitations on how the national government can use its power. Later amendments gave rights to other groups and some changed how the government operates. Only 27 amendments in 221 years

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4 The First Amendment Democracy must contain citizens who are able to express ideas. The first amendment protects freedom of religion, speech, press, assembly, and right to petition the government.

5 First Amendment Rights in the News
Cartoon Controversy

6 Freedom of Religion Congress cannot establish an official religion.
“Separation of Church and State” keeps religion out of politics. Two important clauses are the establishment clause and the free exercise clause. Religion cannot be a basing factor in America.

7 Establishment Clause Government Cannot Promote Religion

8 How many amendments are there?
30 10 27 25

9 Establishment Clause - Government
Cans Teach about religions in school Allow voluntary prayer in many examples Transport students to a religious school Read Bible for culture or literacy content Cannot Set a state religion Government cannot order a prayer Teach religious doctrine in the school Pay seminary teachers Teach creationism

10 Free Exercise of Religion

11 What are the first 10 amendments called?
The Preamble The Articles The Bill of Rights The Personal Freedoms

12 Free Exercise – A person
Can Choose whatever religion Lead a prayer in most examples Ask questions about religions Worship who ever you want Cannot Break the law and claim it is religious belief Raise children without education Deprave children of basic needs

13 Freedom of Speech “Congress shall make no laws abridging the freedom of speech”

14 All of the following are a freedom protected by the 1st Amendment except:
Freedom of Religion Freedom to bear arms Freedom of assembly Freedom to petition

15 Freedom of Speech People are free to say what they want with a few exceptions. Lying about a person is called slander and is a crime. Giving military secrets to other countries is called treason. Freedom of speech has evolved into freedom of expression.

16 Free Speech – An Individual Can
Say any political belief Protest (without getting out of control) Say things about someone that are true Burn the flag Say racist and hate slogans Free speech means someone might say something you disagree with

17 Freedom of Speech – Personal Limits
Threaten to blow up airplanes, schools or the president Sexual harassment Create too much social chaos Extremely crude language in a public form Disrespectful, vulgar language in schools Hate crimes

18 Freedom of the Press Congress shall make no law abridging the freedom of the press.”

19 Freedom of the Press Freedom to communicate ideas.
Printing lies about a person is called libel. The US government cannot ban information.

20 Freedom of the Press – The Press
Can Print any political position Make fun of people, especially politicians Expose wrongs by the government Say things you might not agree with Cannot Libel– intentionally injuring a person’s reputation by false facts Disclose defense-security secrets Detail how to make a certain weapons

21 Freedom of Assembly Congress shall make no law Abridging The people to peaceably assemble”

22 Freedom of Assembly Permits peaceful assemblies.
People are permitted to join organizations.

23 Freedom of Assembly – An Individual
Can Protest Parade (with a permit) Parade chanting hate slogans Gang members can congregate in public Cannot Protest by throwing rocks and breaking windows Hang out on private land against owners will—loitering Teen curfew

24 Petition the Government
“Congress shall make no law Abridging the people. . . to petition the government for a redress of grievances”

25 Right to Petition the Government
Formal request. Our right to express our ideas publicly about the government. Representatives are not required to act on a petition, but if there is enough support, they will express the people’s ideas.

26 Limits The 1st amendment does not allow Americans to do whatever they want. People must take into account the rights of the community.

27 2nd Amendment—Right to Bear Arms
“A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

28 What is the debate with the right to bear arms?
How much can the government keep guns from criminals and youth? In order to keep guns away from criminals, does that limit the right of law abiding citizens?

29 Gun Debate Continued Thousands of people die every year because of guns Thousands of crimes are prevented because of guns Shoes Represent Gun Deaths

30 2nd Amendment in the News
Obama and Guns Court on Gun Control

31 Third Amendment The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

32 Amendments #4-8 Rights of the Accused
Important to preserve freedom

33 Fourth Amendment Protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason). Search and Seizure – Unreasonable, but many exceptions today Mapp v. Ohio

34 Fourth Amendment What does a policeman need in order to search your home? A warrant given to him by a judge Probable cause is also needed

35 What right means we have to be told of what we are charged with in a crime?
Ex Post Facto Bill of Attainder Habeas Corpus Cloture

36 Fifth Amendment You cannot be tried for the same crime twice—called “Double Jeopardy” You do not have to testify against your self. “I plead the fifth” You must have due process of law before you are convicted The government cannot take your land unless it pays. – Eminent Domain Must be formally charged (writ of habeas corpus)

37 Sixth Amendment Right to speedy trial by impartial jury—meaning not favoring either side You must be told of charges (habeas corpus) You must be provided a lawyer if you cannot afford one Gideon v. Wainwright Must be able to question all witnesses

38 Class Discussion Why is the right to a “speedy” trial important?

39 Seventh Amendment “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.” Jury trials for certain civil trials.

40 Eighth Amendment No excessive bail No cruel and unusual punishment

41 Ninth Amendment “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Addresses rights of the people that are not specifically mentioned in the Constitution. “Powers of the People”

42 Class Discussion Why did the Framers want to include Amendment IX?
What’s it’s purpose in the Bill of Rights?

43 Tenth Amendment States that any power not granted to the federal government belongs to the states or to the people. Restates the principle of federalism in the Constitution “Reserved Powers”

44 Which amendments protect the rights of the accused?
2, 4, 5, 6 4, 5, 6, 7 4, 5, 6, 8 5, 6, 8, 9

45 11th and 12th Amendment 11th (1795) – Places limits on suits against states Federal courts have limited jurisdiction over state courts 12th (1804)– Revises procedures for electing president and vice president President and Vice President must be on separate ballot For instance, couldn’t elect Biden instead of Obama in the Electoral College Who elects the President when there isn’t a majority?

46 What term refers to a court’s ability to hear a case?
Original jurisdiction Jurisdiction Certiorari Stare Decisis

47 Civil War Amendments 13th, 14th, & 15th
13th Amendment (1865) – Abolished slavery and any other forced labor. Exception punishment for a crime Ex. Chain gangs and clean up crews

48 Civil War Amendments 13th, 14th, & 15th
14th Amendment (1868) – U.S. citizen is anyone “born or naturalized in the U.S.” Due to Black Codes in Southern States “Equal protection of the laws” Forbids states interfering with “privileges and immunities of citizens of the U.S.” Nationalization of Bill of Rights

49 Civil War Amendments 13th, 14th, & 15th
15th Amendment (1870) – Prohibits the government from denying a person’s right to vote on the basis of race. Still didn’t help African Americans in Southern States due to literacy tests and poll taxes. Many would have to wait another 90 years to vote.

50 16th and 17th Amendments 16th Amendment (1913) – Establishes the right for the government to impose an income tax on citizens. 17th Amendment (1913) – Direct elections for Senators. State legislatures were in charge of this before. Part of the Progressive movement.

51 Class Discussion Where does most of the National government revenue come from? How about states?

52 18th, 19th, & 20th Amendments 18th Amendment (1917) – Prohibition – no more legal alcohol. Temperance Movement 19th Amendment (1920) – Gave women the right to vote. 20th Amendment (1933) – Ended lame duck officials. Moved the inauguration date from March to January.

53 Class Discussion Do people need the national government to protect them from bad habits?

54 21st, 22nd, & 23rd Amendment 21st Amendment (1933) – Overturned 18th amendment. Ended Prohibition. Only amendment to repeal another. 22nd Amendment (1951) – Limits the President to 2 terms. This was after FDR was elected to 4 terms. 23rd Amendment (1961) – Gave Washington D.C. residents the right to vote for President and VP.

55 Class Discussion What does the 22nd Amendment say about our view of the President?

56 24th, 25th, 26th, & 27th Amendments 24th Amendment (1964) – Abolished Poll Tax Used to keep people with low incomes from voting 25th Amendment (1967) – Established process for VP to take over as President and how to fill a VP void. Due to assassination of which President? 26th Amendment (1971) – Lowered voting age to 18 years old. 27th Amendment (1992) – Congressional Pay raises.

57 Class Discussion Why do you think the voting age was changed from 21 to 18 years old?

58 Which are the Civil War amendments?
12, 13, 14, 15 13, 14, 15 13, 14, 15, 16 12, 13, 14


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