Transcript The Constitution of the United States of America

The Amendments to the
United States Constitution
Bill of Rights: Amendments 1-10
Written to satisfy the anti-federalists
James Madison was the author of the Bill
of Rights
Twelve were originally proposed, but ten
made the cut
Adopted December 15, 1791
Pneumonic Device - FAQSPRTERS
1st Amendment (BOR)
Freedoms
“Smart AP People Rule”
Freedom of…
– S – Speech – speak your thoughts
– A – Assembly – peaceful discussion groups
– P – Press – print your thoughts
– P – Petition – voice grievances against gov’t
– R – Religion – free exercise of …
You can do these without the government
arresting you
2nd Amendment (BOR)
Arms, Right to Bear
Militias are integral to security, so people
have right to keep & bear arms
Are militias required for security now? If
not, is this obsolete?
3rd Amendment (BOR)
Quartering of Troops
No Quartering of soldiers in peacetime
Quartering during time of war only when
prescribed by law
4th Amendment (BOR)
Search & Seizure
You and your property cannot be searched or seized
without probable cause
Probable Cause is always required
– Sufficient evidence to issue a warrant
Warrants
– Legal document that gives authorities permission to search
– Warrant must detail what is to be searched/seized and why
– Not always required
Consent search
Plain view
Detention: Frisking
5th Amendment (BOR)
Protections of the Accused
To be tried, must be charged with a crime by a
Grand Jury
– Grand Jury – formally brings individuals up on
charges
Must receive fair trial (due process)
No double jeopardy – tried twice for same crime
No self-incrimination
– Right to remain silent
– Don’t need to testify against oneself
Property cannot be seized with eminent domain
6th Amendment (BOR)
Rights of the Accused
Right to speedy trial
Right to a jury trial (in district where crime
was committed)
– Petit Jury – hears & rules on cases
Right to be informed of the nature of the
accusation
Right to an attorney
Right to secure witnesses
7th Amendment (BOR)
Trial by Jury in Civil Cases
If your suit exceeds $20
8th Amendment (BOR)
Excessive…
No excessive…
– Bail
– Fines
– Punishment (cruel and unusual)
9th Amendment (BOR)
Rights Unenumerated
Can’t possibly list all the rights of people
This says just because a right is not listed
in the Constitution/Amendments does not
mean that people don’t have that right
10th Amendment (BOR)
States
Powers not delegated to the Federal
government by the Constitution are State
powers, unless specifically prohibited to
the States
– Drivers’ Licenses
– Education
– Death Penalty
– Slavery pre -1861????
11th Amendment – 1796
Can’t Sue States
Caused by Chisholm v. Georgia case in the early 1790s
Alexander Chisholm of SC sued Georgia for payment for
clothing sold during Revolutionary War
Georgia claimed it was not a federal matter and did not
show
Supreme Court ruled it was OK for citizens to sue the
state
– Led to more lawsuits
States collectively push to pass this amendment
Said…States can only be sued if they agree to be sued
– States usually don’t invoke this …bad PR
12th Amendment – 1804
President/VP – Separate Tickets
Election of 1800 prompted this
– In the day, candidate with most electoral votes wins Presidency, 2nd
place – VP
– Election of 1800 –
Each elector casts two votes
Jefferson & Aaron Burr tie
– Went to the House to determine Presidency
– Both tried to gain influence
– Alexander Hamilton pushed for Jefferson among Federalists
Didn’t agree with Jefferson’s politics, but he thought Burr too much of a
loose cannon…Jefferson won
To assure that this would not happen again, the 12th amendment
allowed for two separate votes for President & VP
– Candidates run on a combined ticket, but there are separate ballots
– Electors now cast one vote for President and another vote for VP
This is how it works today, so we are effectively choosing electors when we
go to the polls
Civil War Amendments
13th Amendment
14th Amendment
15th Amendment
13th Amendment – 1865
Abolition of Slavery
Abolished slavery
Eliminated Slave Trade and Commerce
Clause & Fugitive Slave Clause
14th Amendment – 1868
African-American Citizenship
Established citizenship rights for African
Americans
– Cannot violate natural rights w/o due process
of law
– Eliminates 3/5 clause
Also stated that Confederate politicians
may not serve in state or federal politics in
US, unless Congress approves
15th Amendment – 1870
Universal Male Suffrage
Provided African Americans the right to
vote
Cannot deny right to vote based on race,
color, or previous condition of servitude
Progressive Era Amendments
16th Amendment
17th Amendment
18th Amendment
19th Amendment
Fix the problems of the Gilded Age
16th Amendment – 1913
Income Tax
Gave Congress the power to collect taxes
on income
– US needed a new source of income
– Tariffs were a major source of income prior to
1913
– Retaliatory tariffs were hurting exports
17th Amendment – 1913
Direct Election of Senators
Prior to 1913, Senators were chosen by
state legislators.
The people now directly vote for their
Senators
18th Amendment – 1918
Prohibition
Times were tough in America for workers
– Long working days
– Low pay
– Kept people in poverty
Men would go out and have too many root beers
Wives did not appreciate absent, drunk and
potentially abusive husbands wasting money
– Women petition to prohibit alcohol
Amendment prohibits the manufacture, sale or
transportation of liquor
– Lasts until 1933
19th Amendment – 1920
Women’s Suffrage
Women gain right to vote
FDR Amendments
20th Amendment
21st Amendment
22nd Amendment
20th Amendment – 1933
Lame Duck
Prior to 1933, Presidents would take office on the March
3rd after they won the election.
Lame duck period is the time between a presidential
election and when the new President takes over
– Necessary
Allows outgoing President to wrap things up
Gives new President time to learn the ropes, assemble a staff
Might take time to count votes
No longer need a large span of time since
communication and transportation were so good
New President will take office on January 20th
21st Amendment – 1933
Repeal Prohibition
Repeals the 18th Amendment
Problems with 18th Amendment
– Unenforceable
Speakeasies – people were drinking illegally
– Created the mob
Solutions
– Created jobs in the middle of the Great
Depression (Breweries & Distilleries)
– Government can tax alcohol
22nd Amendment – 1951
Term Limits
FDR remained President from 1933-1945
Republicans were rising to power in the
early fifties and didn’t like the fact that
FDR was in office for so long
Created term limits for President
– 2 elected terms or 10 years max
23rd Amendment – 1961
District of Columbia Can Vote
Prior to 1961, people in the District of Columbia
could not vote for President
– Voting for President was reserved for states
– It was the seat of government, no one but politicians
lived there
– Folks moved there to support the politicians
– Population exceeded 13 of the states
Provides D.C. with the number of electoral votes
equal or less than the least populace state
24th Amendment – 1964
Poll Taxes Abolished
Right to vote cannot be denied to any
person because they failed to pay a poll
tax or any other tax
Poll Taxes were used after reconstruction
to circumvent the 15th Amendment
– Literacy Tests and Grandfather Clause were
also used
– Poll tax did nothing to prevent this – Voting
Rights Act of 1965
25th Amendment – 1967
Presidential Succession
If the President resigns, is incapacitated or
killed, the VP is the acting President
– President can declare the VP in charge or
– The VP and a majority of cabinet members can
declare the President unfit, and therefore the VP
would be acting President
New President must fill the VP role with
Congressional approval
*** Caveat to Presidential Succession Act of
1947
26th Amendment – 1971
Voting Age to 18
Prior to 1971 you needed to be 21 years
old to vote
In the wake of Vietnam, made more sense
to change this to 18 years old
27th Amendment – 1992
Congressional Pay Raises
Congress passes legislation to give
themselves pay raises
Amendment says that compensation
changes cannot take effect until after the
next election cycle
*** Initially submitted in the Bill of Rights,
but removed.