to the u.s. constitution. the bill of rights amendments 1 through 10
TRANSCRIPT
Amendments
To the U.S. Constitution
The Bill of Rights
Amendments 1 through 10
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
Background Information
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
The 1st Amendment
Religion What should we do when “the enemy” is represented in America?
SpeechWhere 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
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
The 2nd Amendment
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?
Some of the Issues
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
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?
Consider These:
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
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
7th Amendment
8th Amendment
We need to have an appropriate bail
No cruel or unusual punishment
Is Capital Punishment Constitutional?
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 9th 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.
The 10th Amendment
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
Video: hand trick ?
Reconstructive Era Amendments
Amendments 13 through 15
Civil War Separation
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?
What is the Reconstructive Era?
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 theProgressive 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.
The 19th AmendmentThe right to vote will not be restricted by gender…
women have the right to votePassed 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
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 23rd Amendment
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.
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 26th Amendment
The Presidency
Amendments 12, 20, 22, and 25
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 12th Amendment
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
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 22nd Amendment
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.
The 25th AmendmentWhat happens to the Presidency if the president is Impaired, disabled, or unable to perform his
duties?
Unique Historical Circumstances
Amendments 11, 21, and 27
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 11th Amendment
The repeal of Prohibition
Proposed and ratified in 1933
The 21st 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
The 27th Amendment
Review 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
Supreme Court Casesand The Amendments
Potential Future Amendments
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
Why add an Amendment?
Legalization of Marijuana
Green = legal Black = illegal Blue = medicinal
use Gold = medicinal
use and decriminalized
Tan = decriminalized
Same Sex Marriage
Purple=
Full Rights
Gold=No
Rights
Immigration Reform
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
Your Assignment!