THE AMENDMENT FILES

Unit 2 – The US Constitution

EQ #4

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What rights & freedoms do the Amendments to the US Constitution protect?

Amending the US Constitution (video)

1

st

Amendment

• • • • Name: Freedom of Expression Date: 1791

Historical significance:

British did not always grant this right especially when colonists were protesting their unfair treatment Need: to protect those inalienable rights

1

st

Amendment

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Parts:

– Speech: right to talk & express opinion, up to certain limits – Press: right to express your opinion in a written format, newspaper – Religion: right to worship and practice whatever religion, some limits (free exercise & establishment clauses) – Petition: right to protest/express your opposition to government or its agents, limits – Assembly: right to gather with others to protest or express opinions

1

st

Amendment

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Limits: Speech:

– Dangerous Speech: violent overthrow of government, or speech which endangers lives of people: ex. Yelling fire in a crowded theatre – Slander: to knowingly lie & damage someone’s reputation

Press:

– Libel: written lies to damage reputation Religion: no torture/human sacrifice/drugs Petition: no human harm, no call for arms Assembly: no impeding progress, public property only, permit required

2

nd

Amendment

• • • • • Name: Bearing arms Date: 1791 Historical significance: due to trick pulled by British on Colonials Need: to be able to respond to emergencies & outside threat

Parts:

– Militia vs people, very controversial, either: • People: all people have right to own guns • Militia: for purpose of military all males had to – Sup. Ct.: has ruled lately more in favor of people, but has stated some regulations are necessary

2

nd

Amendment

• • Limits: no automatic or military style weapons, license & permits required (federalism) Brady Bill: used to require background checks & waiting period, however, from state to state it differs!

3

rd

Amendment

• • • • • • Name: Quartering of troops (forgotten amendment) Date: 1791 Significance: due to British invasion of homes & soldiers staying & keeping close eye on colonists Need: to let citizens be able to live in peace & have control over their homes

Parts:

– No soldier shall be allowed in your home in times of peace – Times of war: only allowed w/consent of congress Limits: allowed if invited, does not include enemy!

4

th

Amendment

• • • • Name: Searches & Seizures Date: 1791 Significance: due to smuggling & not paying taxes, British soldiers could invade homes & search endlessly Need: for citizens to be left alone, not stopped & searched w/out real reason

4

th

Amendment

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Parts:

– – No illegal searches All searches based on probable cause – Warrant must be issued by judge & shown to owner to search or arrest person or item

Limits:

– exigent circumstances – Plain view – Responding to call for help

5

th

Amendment

• • • • Name: Rights of Accused Person Date: 1791 Significance: British mistreatment of colonists when blaming, arresting & finding guilty!

Need: for an objective procedure that all law enforcement & justice system must follow

5

th

Amendment

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Parts with limits:

– Grand Jury Clause: if capital/infamous crime without indictment from Grand Jury (limit: military officers) – Double Jeopardy Clause: cannot be accused of same crime twice (limit: appeals allowed) – Self-Incrimination Clause: you can plead 5 th & remain silent with police & court (double edge sword) – Due process Clause: same steps from arrest through trial for everyone ( limit: Habeas Corpus can be susp. When @ war) – Eminent Domain: private property taken for public use with just compensation, it must improve whole community (limit: historical landmark)

6

th

Amendment

• • • • Name: Speedy Trial Date: 1791 Significance: it stopped the unfair trials & procedures used in Royal Courts & colonies against enemies of England & King!

Need: Set some objective standards in place for all involved in a trial & must follow

6

th

Amendment

• Parts with limits: – Speedy trial clause: cannot take too long and must be open to public, unbiased jury, where crime committed (limit: delay w/permission of judge, closed to reporters if needed, change of venue) – Nature & cause of accusation: must be informed of that within 48hrs (can be suspended during war) – Confrontation of hostile witnesses: who are they, what are they saying about me?

– Right to present friendly witnesses: this is who I am, my character is awesome!

– Right to council (lawyer): (limit: can turn down & try self)

7

th

Amendment

• • • • • Name: Federal Civil Trials: Date: 1791 Significance: colonists not given right to a law suit against members of government, or trial for any royal officials Need: to be able to bring to justice anyone regardless if citizen or member of government

Parts with limits:

– Your right to sue someone on federal level (civil means for damages or wrongs done to you) – The amount of controversy $20 (1791) or higher more like $1500 to $75000 or more (under $20, small claims ct.) – Right to have case decided by jury (bench trial)

8

th

Amendment

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Name: Bail & Punishment Date: 1791 Significance: normal under British rule to be tortured, to be denied bail, get very heavy fine if enemy of the king!

Need: firm a fair justice system treated each case in its own merits & did not abuse citizens

8

th

Amendment

• Parts: – No Excessive bail: money needed to get out of jail while awaiting trial, bail must fit the crime (limits: bail denied if flight risk, or could commit another crime) – No Excessive Fines: monetary sum given to court for committing crime, fine must fit crime (limit: repeat offenders) – No cruel or unusual punishment: cannot torture or cause unnecessary pain! (no more hanging, stoning, burning, dissecting, gassing, electrocuting, catapulting, animal pulling, today we kill you humanely through lethal injection!)

8

th

Amendment

9

th

-10

th

Amendments

• • • • • • Name: 9 th Name: 10 th (power reserved for the people) (power to the states & people) Name together: Safeguard amendments Date: 1791 Significance: The convention did not consider every single right that human beings should have, also since federalism was the system of govt. chosen, framers wanted to remind national govt. the reserved powers set aside for the states Need: to make sure national government does not over step the sovereignty of states & the people

9

th

-10

th

Amendments

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Parts with limits:

– 9 th amendment: the listing of certain rights does not mean they are the only rights, there are more and national govt. should be aware (limits: laws & amendments) – 10 th : States have certain powers under Federalism that cannot be violated by national govt., if states don’t want that right then it goes to the people (limit: laws & amendments)

13

th

, 14

th

, 15

th

Amendments

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Name:

– –

13 th

: Abolition of slavery (1865)

14 th

: Equal rights (1868) – –

15 th

: Right to vote (1870) Together: Civil War or Reconstruction Amendments Significance: the southern system of agriculture & slavery had a created a morally & economically unjust system that many in US felt had to go!

Need: to reflect countries values, and to be more fair economically in paying the labor force

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13

th

, 14

th

, 15

th

Amendments

Parts with limits:

13 th

: No slavery or involuntary servitude (limit: unless as punishment by judge for appropriate punishment ex. Community service)

14 th

: All people born in US or naturalized in US are considered American citizens (limit: denaturalization, treason)

15 th

: No discrimination in voting based on race (limit: no females, poll tax, literacy test & Grandfather Clause)

16

th

Amendment

• • • • • Name: Income Tax Date: 1913 Significance: during the Progressive movement in USA (1900-1920) US internally made many improvements such as FDA & National Parks, Highway construction etc… it needed a financial basis to keep improving, so it asked its citizens to chip in with the cost Need: to come up with sufficient revenue to fund government to make the improvements necessary Parts with limits: – Congress can levy a tax on citizens without census count or apportionment among the states Limits: those under poverty exempted, no income exempted)

17

th

amendment

• • • • • Name: direct election of Senators Date: 1913 Significance: Due to much corruption, political deadlock & lack of representation in cases of vacancies reform was called for Need: an objective way the residents of a state can pick their two senators to Washington DC and fill a vacancy when one rises due to death or retirement Parts: – Two senators from each state chosen by people of each state as long as they meet constitutional requirements for Senator ship – In case of vacancy the Governor of each state has authority to appoint a senator until a special election can be held

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19

th

, 26

th

Amendments

Name: 19 th Name: 26 th Woman’s Suffrage (1920) 18 year olds suffrage (1971) Together along with 15 th rights amendments amendments known as voting

Significance: 19

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th

: Women had been fighting for right to vote since early 1800s: White House & Congress to no help, but after WWI after stepping into men shoes and running the country they finally won the battle

26

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th

: 18 year olds were drafted and had to defend the country, but could not vote, average coming back dead from Vietnam was 20 “Old enough to die, old enough to vote” and finally granted that right by 1972

19

th

, 26

th

Amendments

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Parts with limits:

– 19 th : no discrimination in voting based on gender (limits: felons, mentally ill, non-citizens, anyone under 21) – 26 18) th : no discrimination in voting based on age of 18 or older (limits: felons, mentally ill, non citizens, anyone under