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The Bill of Rights The first 10 amendments + All the Rest To the U. S. Constitution
© 2009 The Mc. Graw-Hill Companies, Inc. All rights reserved. A System of Checks and Balances
Methods for Proposing and Ratifying Amendments © 2009 The Mc. Graw-Hill Companies, Inc. All rights reserved.
Recent Unsuccessful Attempts to Amend the Constitution © 2009 The Mc. Graw-Hill Companies, Inc. All rights reserved.
Who determines what the Bill of Rights mean? )The Supreme Court makes rulings on the meaning )The Supreme Court balances the rights of the individual with the needs of society Individual? ? Society? ?
Freedoms Guaranteed by the Bill of Rights © 2009 The Mc. Graw-Hill Companies, Inc. All rights reserved.
The 1 st amendment “ 5 rights” )Freedom of Speech )Freedom of Religion )Freedom of the Press )Freedom of Assembly )Right to petition the government
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.
Establishment and free exercise clause often conflict with each other ) In schools, the religion issue is most prevalent
Establishment Clause—Government cannot promote religion
Establishment clause-Government Cans 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
Free exercise of religion
Free Exercise—The person 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
Freedom of speech )“Congress shall make no laws. . . abridging the freedom of speech”
Free speech– The individual can: )Say any political belief )Protest (without getting out of control) )Say things about someone that are true )Burn the flag )Say racist and hate slogans )Free speech means someone might say something you disagree with
Free speech—limits on the person )Threaten to blow up airplanes, schools or the president )Sexual harassment )Create too much social chaos )Extremely crude language in a public form )Disrespectful, vulgar language in schools )Hate crimes
Freedom of the press )Congress shall make no law. . . abridging. . . the freedom of the press. ”
Freedom of the press-the press Cannot ) Print any political position ) Libel– intentionally injuring a person’s ) Make fun of people, reputation by false facts especially politicians ) Disclose defense-security ) Expose wrongs by the secrets government ) Say things you might not ) Detail how to make a certain weapons agree with
Freedom of Assembly )Congress shall make no law. . . Abridging. . . The people to peaceably assemble”
Freedom of Assembly--Individual Cannot )Protest by throwing )Parade (with a permit) rocks and breaking windows )Parade chanting hate )Hang out on private slogans land against owners )Gang members can will—loitering congregate in public )Teen curfew
Petition the Government )“Congress shall make no law. . . Abridging. . . the people. . . to petition the government for a redress of grievances”
Petition the government )You may sue the government for wrongs )You cannot be punished for exposing wrongs by the government )The courts decide the wrongs
2 nd 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 Militia )Citizens Rights
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?
Gun debate continued ) Thousands of people die every year because of guns ) Thousands of crimes are prevented because of guns Shoes representing gun deaths.
3 rd Amendment )The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace. )Housing of Soldiers
Rights of the Accused Amendments #4 -8 Important to preserve freedom
4 th 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
5 th 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.
6 th Amendment )Right to speedy trial by impartial jury—meaning not favoring either side
6 th Amendment continued )You must be told of charges )You must be provided a lawyer if you cannot afford one
7 th Amendment – Trial by jury in civil cases )Jury Trial over $20. 00 )Right to a public trial
8 th Amendment • 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 Prisoner kissing his Mom in prison (2005)
9 th Amendment – Rights of People )Rights not mentioned in Constitution belong to the people )Do you have the right to privacy?
10 th 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. ”
)11 th Amendment )can only sue a state in state court )12 th Amendment )Electors vote for President & Vice President together!
Civil War Amendments (13 -15) Amendment 13 Freed the slaves “One-Three, I won’t work for free. ”
Amendment 14 ) Granted citizenship to blacks ) Provided “equal protection under the law” to all citizens
Amendment 15 ) Black men get the right to vote (suffrage)
Amendment 16 ) Congress can levy income taxes “Because of sixteen, my paycheck got lean. ”
Amendment 17 ) Senators will be elected by popular vote (directly by the people) ) Previously, senators were elected by the state legislature
Amendment 18 ) Alcohol is outlawed ) Became illegal to buy, sell, manufacture, and consume alcoholic beverages ) Officially called “Prohibition”
Amendment 19 (1920) ) Women get the right to vote (suffrage)
20 th Amendment )President takes office (inaugurated) on January 20 th & ends “lame duck” Presidents )Congress begins the year’s meetings on January 3 rd
Amendment 21 ) Prohibition is repealed “At 18 I was sober, at 21 I got drunk”
Amendment 22 ) President is limited to two full terms in office Twenty-Two W E O R M S
Amendment 23 ) Residents of Washington D. C. get to vote for president “Twenty-Three, votes for D. C. ” “Twenty-Third, D. C. is heard. ”
Amendment 24 ) Poll taxes are outlawed “Twenty-Four, poll taxes no more. ”
Amendment 25 Succession 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.
Amendment 26 ) Voting age is reduced to age 18
Amendment 27 ) Congressional pay raises will be delayed until the start of the new term ) Purpose—prevents Congress from giving themselves excessive pay raises
)14 th Amendment )Defines citizenship )Promises all citizens “equal protection under the law” )Gets rid of the 3/5 Compromise )15 th Amendment )Can’t be denied the right to vote b/c of race, color or if you have been a slave )African-American men can vote
)16 th Amendment )Income tax )17 th Amendment )People vote directly for senators )18 th Amendment )Prohibition – no alcohol )19 th Amendment )Women can vote
)20 th Amendment )President takes office (inaugurated) on January 20 th & ends “lame duck” Presidents )Congress begins the year’s meetings on January 3 rd )21 st Amendment )Repeals (gets rid of) Prohibition (18 th Amendment) )22 nd Amendment )President can only serve 2 terms
)23 rd Amendment )Washington, D. C. can vote for President )24 th Amendment )Bans the poll tax )25 th Amendment )If President dies or resigns, the V. P. becomes President )If the V. P. ’s office is empty, the President can pick another; Congress must approve him
)26 th Amendment )Voting age changed from 21 to 18 )27 th Amendment )Congress’s pay raises won’t go into affect until after the next election
) 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 11 th 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. Amendment XI - Judicial power of United States not to extend to suits against a state. ) (The proposed amendment was sent to the states Mar. 5, 1794, by the Third Congress. It was ratified Feb. 7, 1795
Amendment XII – Mode of electing President and Vice president by electors. ) 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. -
Five Rights in the Amendment )Freedom of Religion )Freedom of speech )Freedom of the press )Freedom of Assembly )Petition the government