Amendments To the U.S. Constitution

The Bill of Rights Amendments 1 through 10

How do you expect to be treated? Introductory Video

Background Information 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

The 1st Amendment 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

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

The 2nd Amendment 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

Some of the Issues 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?

Should we own guns? For Against

The 3rd Amendment Not really an issue now, but was quite common in Colonial America

The 4th 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 5th 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

Consider These: 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 5th Amendment?

The 6th 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

7th Amendment 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

8th Amendment We need to have an appropriate bail No cruel or unusual punishment Is Capital Punishment Constitutional?

The 9th Amendment 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 10th 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.

Video: hand trick ? 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

Reconstructive Era Amendments Amendments 13 through 15

Civil War Separation

What is the Reconstructive Era? 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?

The 13th 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 14th 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 15th 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 16th 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 17th 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 18th 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 Ban Against the Ban History of Prohibition

Passed in 1919 and ratified in 1920 The 19th 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 15th Amendment Remember, this Amendment extended voting privileges to African American men

The 19th Amendment Remember, this Amendment extended voting privileges to women

The 23rd Amendment 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 24th 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.

The 26th Amendment 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 Presidency Amendments 12, 20, 22, and 25

The 12th Amendment 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 20th Amendment Set the terms for the President and Congress A Presidential term begins at noon on January 20th Each Congressional term begins at noon on January 3rd—and they’re required to meet Passed in 1932 and ratified in 1933

The 22nd Amendment 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 25th Amendment What happens to the Presidency if the president is Impaired, disabled, or unable to perform his duties? 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 1967.

Unique Historical Circumstances Amendments 11, 21, and 27

The 11th Amendment 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 21st Amendment The repeal of Prohibition Proposed and ratified in 1933

The 27th 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

Review the Amendments

Supreme Court Cases and 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

Potential Future Amendments

Why add an Amendment? 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

Legalization of Marijuana Green = legal Black = illegal Blue = medicinal use Gold = medicinal use and decriminalized Tan = decriminalized

Same Sex Marriage Gold = No Rights Purple = Full Rights

Immigration Reform

Your Assignment! 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