1. Holmen Middle School 8th Grade
The Amendments
Holmen Middle School 8th Grade

2. Amendment 1 Religious and Political Freedom Freedom of religion
1791
Religious and Political Freedom
Freedom of religion
No establishment of an official religion or prohibiting free exercise of (separation of church and state)
Freedom of the press
Freedom of speech
Freedom of assembly
Freedom to petition
Explain these each separately. Many of based on the Intolerable Acts and the Quartering Act.

3. Amendment 2 Right to own a firearm 1791 Right to Bear Arms
Possibly discuss the purpose of owning your own gun in 1700’s as compared to why we need/want them today.

4. Amendment 3 1791 Quartering Troops
Right to protection from troops being quartered in homes during peacetime.
In response to the Quartering Act.

5. Amendment 4 1791 Search & Seizure:
Right against unreasonable search and seizure (persons, houses,& papers)
Warrants require probable cause and must be specific
Explain that a search warrant is necessary unless something is in plain sight. A judge has to sing the warrant, stating exactly what is being looked for and specifically where you are looking for it. Discuss that something in plain sight (like in your car, illegal plants in your yard, etc, doesn’t need a search warrant to be confiscated.

6. Amendment 5 1791 Rights of Accused Persons
must be indicted by a Grand Jury
cannot be tried for the same crime twice (double jeopardy)
cannot be forced to testify against yourself
right to a fair trial with all proper legal rights enforced (due process)
right to fair compensation when the Gov’t takes your property for public use (eminent domain)
Break these down specifically. Grand Jury determines if there is enough evidence to bring you to trial. Double jeopardy has let people go free, so sometimes is why cases don’t come to trial very quickly because prosecutors want to make sure they get ALL the evidence. Don’t have to get on the stand (plead the 5th) nor do close relatives (spouse, child) that may be in danger as a result of testifying. Due process is the Miranda Warnings.

7. Amendment 6 1791 Right to a Speedy, Public Trial
Right to be informed of the charges against you
Right to a trial where committed crime
Right to a speedy and public trial
Right to an impartial jury
Right to face witnesses against you in court
Right to counsel (a lawyer)
Right to call witnesses in your defense
Just specifically go over the bullet points. Speedy trial so in the case you are innocent, you haven’t spent many years in jail awaiting your trial. Most crimes have an “expiration date”. Explain if you don’t have the money for an attorney, the state will provide one for you. (Gideon vs. Wainwright case.)

8. Amendments 7 & 8 #7: Trial by Jury in Civil Cases #8: Limits of Fines
1791
#7: Trial by Jury in Civil Cases
Right to a trial by jury in a civil case (non-criminal case) if exceeds twenty dollars
#8: Limits of Fines
and Punishment
#7: Anyone can call for a jury trial……that is why we maybe have so many lawsuits today between citizens.
#8: no excessive bail, etc. Explain how bail works….most get it unless the charges are severe or chance of flight. Explain the use of the lethal injection in death row criminals and how it has changed over the years from a hanging, firing squad, electric chair.

9. Amendment 9 1791 Rights of People
Guarantee that rights not listed in the Constitution are still protected and retained by the people
Basically any rights not specifically mentioned in the Constitution (Implied) are protected and given to the people. This was only for the White Males originally. Amendment 14 will guarantee the rights to ALL.

10. Amendment 10 1791 Powers of States and People
Guarantee that the people and the states have all of the powers not specifically delegated the federal government (reserved powers)
This basically was put in because the smaller states were afraid the federal government would become too powerful. They wanted to retain some power.

11. Amendment 11 1795 Lawsuits Against States: state immunity
Limits the ability of a person to sue a state
Allows a person to sue if a state denies their rights
This allows people to sue their state, but only in certain conditions….like denying them their basic rights. We can’t sue the state just because we are mad at where the road goes, etc.

12. Amendment 12 1804 Election of Executives: President and Vice President
Electors to the Electoral College are to cast one vote for President and separate vote for Vice President
The House elects the President if no candidate gets an electoral majority (each state w/1 vote)
The Senate elects the Vice President if no candidate gets an electoral majority
Before this, each Presidential and Vice Presidential candidate ran independently. So, whoever got the most votes won (even if only running for Vice President) and the person with the next highest number of votes became Vice President. (This happened in the Adams/Jefferson Presidential Race when these two were from different political parties.) Today the Presidential and Vice Presidential candidate run on one ticket and the population votes for them as one entity.

13. Amendment 13 1865 Slavery Abolished Slavery is no longer legal
After the Civil War ended, slavery was abolished……at least on paper. Ask if there is still slavery today?

14. Amendment 14 1868 Equal Protection under law:
All citizens are guaranteed equal treatment and protection under the law (due process) / no state can deny rights
Bars former Confederates from holding office
Declares Confederate debt null and void
This basically clarified the 9th amendment. Equal protection under the law for EVERYONE, not based on skin color, gender, socioeconomic level, etc.
Also, didn’t allow Confederate citizens from holding official offices but also erased all debt by the Confederate States of America.

15. Amendment 15 1870 Right to Vote
Insured all men the right to vote, not dependent on color of skin
All men can now vote. Blacks/other minorities can’t be excluded.

16. Amendment
Income Tax
Grants Congress the power to collect taxes on income
Money collected does not have to be reapportioned to states based on population
Required to pay taxes. Federal taxes don’t have to go to the state that paid them.

17. Amendment 17 1913 Direct Election of Senators
Senators are to be elected by the people
Before this, the State Legislatures selected the Senators. Now we vote on them just like we vote for our Reps.

18. Amendment 18 1919 Prohibition
After one year from the ratification of this amendment, the sale, manufacturing, transportation, or importation of alcohol is illegal
Alcohol was prohibited from purchasing (you could technically still drink it). Women pushed this because at that time there was no government subsidies (like welfare, WIC, food stamps, etc.). If a husband didn’t/couldn’t support the family, it was doomed. Women wanted men to use their money for food/housing/etc., instead of wasting it on alcoholic beverages. This was their protection for their family. A lot of bootlegging/moonshining took place. The mafia became quite active.

19. Amendment 19 1920 Women’s Suffrage Women are granted the right to vote
Finally, women could vote. This took place as a result of the 1st wave of feminism, which focused on many rights but really only suffrage was approved.

20. Amendment 20 1933 “Lame Duck” Sessions
President and Vice President are sworn into office on Jan. 20th (moved from March 4th)
Congress meets at least once a year on Jan. 3rd
Before this amendment, the new President didn’t take office until March……way too many months after the election in November. Many feared that the standing President either wouldn’t do anything productive during these 6 months, or bring harm to the nation if they hadn’t won the reelection. This shortens the time period between the election and the inauguration. This always occurs on Jan. 20, even if it falls on a Sunday.

21. Amendment 21 1933 Repeal of Prohibition
Alcohol can again be served, bought, and sold legally
Prohibition is lifted. Drinking ages have varied over the years.

22. Amendment 22 1951 Limit of Presidential Terms
No person can serve in the Presidency more than two terms
They can serve two years of the previous presidency if the President is unable to complete his term
Washington had set a precedent for only serving two terms, which was followed until FDR. He was elected to 4 terms (died during his 4th). Some people feared that any longer then 2 terms would make the Executive Office like a Monarchy/Dictatorship. Now they serve a maximum of 10 years.

23. Amendments 23 & 24 1961 & 1964 #23: Voting in the District of Columbia
D.C. has three electoral college votes
#24: Abolition of Poll Taxes
Poll taxes illegal in federal elections
Citizens of Washington, D.C. felt they were being taxed, etc. without their own representatives.
Poll taxes were originally put in place after the Civil War ended to hinder poor people (especially Blacks) from voting. People thought they would need to use their hard earned money for other things rather than voting.

24. Amendment 25 1967 Presidential Disability and Succession
In case of removal from office, the Vice President shall become President
If vacancy in VP office, President shall nominate a candidate and be subject to approval by majority vote in both houses of Congress
If President unable to serve, power will be signed over to VP
This gives the conditions for a vacancy in the Executive Branch for both the President and the Vice President. There is more information later.

25. Amendment 26 1971 18-Year-Old Vote
Any citizen 18 years or older shall not be denied the right to vote
During the Vietnam War, many concerns about why it was okay for 18 year olds to be allowed to be in the military but not vote. This changed that age.

26. Amendment 27 1992 Congressional Pay
No change in pay (raises) shall take effect until after the next Congressional election
This keeps Congressmen from giving themselves an instant pay raise. 

27. Categories of Amendments Personal Liberties
#1: Freedoms Amendment #2: Right to Bear Arms #9: Rights of the People #10: Power of the States and the People #14: Equal protection under the Law

28. Categories of Amendments Policing
#3: No Quartering of Troops #4: Search and Seizure Rights

29. Categories of Amendments Rights of the Accused
#5: Rights of the Accused #6: Right to a Speedy Trial #7: Trial by Jury #8: No Excessive punishment or fines

30. Categories of Amendments States’ Rights
#11: State Immunity In Lawsuits

31. Categories of Amendments President/Executive Rights
#12: Election of Executive Branch #20: “Lame Duck” Sessions #22: Term Limit on President #25: Presidential Disability and Succession

32. Categories of Amendments Slavery
#13: Abolition of Slavery

33. Categories of Amendments Voting Rights
#15: All Males Right to Vote #17: Direct Election of Senators #19: Women’s Suffrage #23: Voting in D.C. #24: Abolition of Poll Taxes #26: 18-Year-Old Vote

34. Categories of Amendments Taxes/Regulations
#16: Income Tax #18: Prohibition #21: Prohibition Repealed

35. Categories of Amendments Congress
#27: Congressional Payment