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The Bill of Rights
The first 10 amendments + All the Rest
To the U. S. Constitution
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© 2009 The McGraw-Hill Companies, Inc. All rights
reserved.
A System of Checks and Balances
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© 2009 The McGraw-Hill Companies, Inc. All rights
reserved.
Methods for Proposing and Ratifying Amendments
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© 2009 The McGraw-Hill Companies, Inc. All rights
reserved.
Recent Unsuccessful Attempts to Amend the Constitution
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Who determines what the Bill of Rights mean?
The Supreme Court makes rulings on the meaningThe Supreme Court balances the rights of the
individual with the needs of society
Individual?? Society??
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© 2009 The McGraw-Hill Companies, Inc. All rights
reserved.
Freedoms Guaranteed by the Bill of Rights
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The 1st amendment “5 rights”
Freedom of SpeechFreedom of Religion Freedom of the PressFreedom of AssemblyRight to petition the
government
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Freedom of Religion
“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of”
Two clauses:
Establishment clause - Ex . Church, Temple
Free Exercise clause - Free speech.
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Establishment and free exercise clause often conflict with each other
In schools, the religion issue is most prevalent
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Establishment Clause—Government cannot promote religion
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Establishment clause-GovernmentCans Cannot
Teach about religions in school
Allow voluntary prayer in many examples
Transport students to a religious school
Read Bible for culture or literacy content
Set a state religion Government cannot order
a prayer Teach religious doctrine
in the school Pay seminary teachers Teach creationism
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Free exercise of religion
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Free Exercise—The personCan Cannot
Choose whatever religion Lead a prayer in most
examples Ask questions about
religions Worship who ever you
want
Break the law and claim it is religious belief
Raise children without education
Deprave children of basic needs
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Freedom of speech
“Congress shall make no laws . . . abridging the freedom of speech”
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Free speech– The individual can:Say any political beliefProtest (without getting out of control)Say things about someone that are trueBurn the flagSay racist and hate slogansFree speech means someone might say something
you disagree with
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Free speech—limits on the person
Threaten to blow up airplanes, schools or the president
Sexual harassmentCreate too much social chaosExtremely crude language in a public formDisrespectful, vulgar language in schoolsHate crimes
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Freedom of the press
Congress shall make no law . . . abridging . . . the freedom of the press.”
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Freedom of the press-the pressCan Cannot
Print any political position
Make fun of people, especially politicians
Expose wrongs by the government
Say things you might not agree with
Libel– intentionally injuring a person’s reputation by false facts
Disclose defense-security secrets
Detail how to make a certain weapons
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Freedom of Assembly
Congress shall make no law . . . Abridging . . . The people to peaceably assemble”
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Freedom of Assembly--IndividualCan Cannot
Protest Parade (with a permit)Parade chanting hate
slogansGang members can
congregate in public
Protest by throwing rocks and breaking windows
Hang out on private land against owners will—loitering
Teen curfew
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Petition the Government
“Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”
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Petition the government
You may sue the government for wrongsYou cannot be punished for exposing wrongs by
the governmentThe courts decide the wrongs
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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.”
State MilitiaCitizens Rights
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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?
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Gun debate continued
Thousands of people die every year because of guns
Thousands of crimes are prevented because of guns
Shoes representing gun deaths.
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3rd AmendmentThe Government
cannot force you to shelter soldiers in your home without your consent in time of war or peace.
Housing of Soldiers
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Rights of the Accused Amendments #4-8
Important to preserve freedom
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4th 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
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5th 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
Eminent Domain: Governments right to take property for public use. The government cannot take your land unless it pays.
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6th Amendment
Right to speedy trial by impartial jury—meaning not favoring either side
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6th Amendment continued
You must be told of charges
You must be provided a lawyer if you cannot afford one
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7th Amendment – Trial by jury in civil cases
Jury Trial over $20.00Right to a public trial
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8th Amendment
Prisoner kissing his Mom in prison
• Excessive Bail or Punishment not allowed
• Ban on “cruel and unusual punishment“
• Death Penalty – Is it Cruel and Unusual?• Gregg v. Georgia
(1976)• Roper v. Simons
(2005)
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9th Amendment – Rights of People
Rights not mentioned in Constitution belong to the people
Do you have the right to privacy?
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10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
“Powers not given to the national government nor denied to the state belong to the state.”
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11th Amendmentcan only sue a
state in state court
12th AmendmentElectors vote
for President & Vice President together!
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Civil War Amendments (13-15)
Amendment 13
Freed the slaves
“One-Three, I won’t work for free.”
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Amendment 14
Granted citizenship to blacks
Provided “equal protection under the law” to all citizens
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Amendment 15
Black men get the right to vote (suffrage)
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Amendment 16
Congress can levy income taxes
“Because of sixteen, my paycheck got lean.”
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Amendment 17
Senators will be elected by popular vote (directly by the people)
Previously, senators were elected by the state legislature
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Amendment 18
Alcohol is outlawed Became illegal to
buy, sell, manufacture, and consume alcoholic beverages
Officially called “Prohibition”
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Amendment 19 (1920)
Women get the right to vote (suffrage)
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20th Amendment
President takes office (inaugurated) on January 20th & ends “lame duck” Presidents
Congress begins the year’s meetings on January 3rd
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Amendment 21
Prohibition is repealed
“At 18 I was sober, at 21 I got drunk”
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Amendment 22 President is
limited to two full terms in office
Twenty-TwoW EO R
M S
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Amendment 23
Residents of Washington D.C. get to vote for president
“Twenty-Three, votes for D.C.”
“Twenty-Third, D.C. is heard.”
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Amendment 24
Poll taxes are outlawed
“Twenty-Four, poll taxes no more.”
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Amendment 25Succession of the president
SECTION 1. In case of the removal of the President from
office or of his death or resignation, the Vice President shall become President.
SECTION 2. Whenever there is a vacancy in the office of the
Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
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Amendment 26
Voting age is reduced to age 18
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Amendment 27
Congressional pay raises will be delayed until the start of the new term
Purpose—prevents Congress from giving themselves excessive pay raises
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The End
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14th AmendmentDefines citizenshipPromises all citizens “equal protection
under the law”Gets rid of the 3/5 Compromise
15th AmendmentCan’t be denied the right to vote b/c of race,
color or if you have been a slaveAfrican-American men can vote
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16th AmendmentIncome tax
17th AmendmentPeople vote directly for senators
18th AmendmentProhibition – no alcohol
19th AmendmentWomen can vote
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20th AmendmentPresident takes office (inaugurated) on January
20th & ends “lame duck” PresidentsCongress begins the year’s meetings on January
3rd
21st AmendmentRepeals (gets rid of) Prohibition (18th Amendment)
22nd AmendmentPresident can only serve 2 terms
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23rd AmendmentWashington, D.C. can vote for President
24th AmendmentBans the poll tax
25th AmendmentIf President dies or resigns, the V.P. becomes
PresidentIf the V.P.’s office is empty, the President can
pick another; Congress must approve him
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26th AmendmentVoting age changed from 21 to 18
27th AmendmentCongress’s pay raises won’t go into affect until
after the next election
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Amendment XI - Judicial power of United States not to extend to suits against a state.
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state.
The 11th Amendment to the Constitution proposed in 1794 and ratified 339 days later, became effective in January 1798. It limits federal court jurisdiction by providing that the citizens of one state cannot bring suit in federal court against the government of another state except by its consent, nor can the subjects of any foreign country. This limitation was extended later by the Supreme Court to include suits against a state by its own citizens or by a foreign state. This amendment, provoked by the Supreme Court's decision in Chisholm v. Georgia (1793), reversed the part of Article III, Section 2 of the Constitution, which extended federal jurisdiction to such actions.
The amendment, however, places this constraint only upon the power to bring "any suit in law or equity, commenced or prosecuted"; it is not a constraint upon the power of federal judicial review; that is, it does not restrict the rights of individuals to appeal a decision from the highest court of any state to the U.S. Supreme Court in cases involving federal laws or constitutional issues. Moreover, officers of a state may not use the amendment for protection against suits on grounds of individual performance.
(The proposed amendment was sent to the states Mar. 5, 1794, by the Third Congress. It was ratified Feb. 7, 1795
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- The electors shall meet in their respective states, and vote by ballot for President and Vice President, one of whom, at least,
shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.
(The proposed amendment was sent to the states Dec. 12, 1803, by the Eighth Congress. It was ratified July 27, 1804.) [1. Amended by the 20th Amendment, Sections 3 and 4.
Amendment XII – Mode of electing President and Vice president by electors.
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Five Rights in the Amendment
Freedom of ReligionFreedom of speechFreedom of the pressFreedom of AssemblyPetition the government