CLose

What are civil liberties?

What are libel and slander?

› Why are they not protected by the 1st Amendment?

Warm Up

Do you think it is Constitutional to burn the U.S. flag?

Do you think it is constitutional that public school students should recite a formal prayer each day as a part of their education?

Amending the Constitution

Proposed by:2/3 of Congress

Ratified by: ¾ of the states

New Amendment added to the Constitution

The Bill of Rights & the 17 Amendments to the US Constitution

Bill of Rights

Introduced by James Madison in 1789 by the request of Anti-federalists

Came into effect in 1791 after ratified by ¾ of the states

AKA: the first 10 Amendments to the Constitution

Amendment I RAPPS Freedom of Religion (No gov’t

establishment of & free exercise) Freedom of Assembly (to meet) Freedom of the Press Freedom to Petition the

Government for redress of grievances Freedom of Speech

Amendment II Right to bear arms Right of States to maintain an

armed militia for its own protection

Amendment III

No quartering of troops in any house without the consent of the owner

The Rights of the Accused4th, 5th & 6th Amendments

Amendment IV

Right to be free of search and seizure

You may only be search or arrested if the police have a warrant

Reinforced by the Exclusionary Ruledeveloped by the Supreme Court, disallows any evidence obtained through a violation of the 4th amendment

Amendment V

Cannot be tried for a serious federal crime without indictment from a Grand Jury No double jeopardy (can’t be tried twice

for the same crime) Right to remain silent (no self-

incrimination) Cannot be deprived of life, liberty or

property without due process Private property cannot be taken by

government without just compensation (eminent domain)

Amendment VI

Right of the accused to a speedy and public trial before an impartial jury

Accused › must be informed of charges› have the right to cross-examine hostile

witnesses› Right to require testimony of favorable

witnesses (subpoena)› Right to be represented by an attorney at

every stage of the criminal process

Amendment VII

Right to a trial by jury in civil cases in Federal court if the amount of money exceeds $20.

Right to a jury trial can be waived by both parties (bench trial—tried before a judge)

Amendment VIII Prohibits:

› Excessive bail ($ you pay to have your freedom until your trial starts)

› Excessive fines› Cruel & unusual punishment

Amendment IX Unenumerated rights (rights that

have not been written down yet) The fact that many civil rights are

stated in the Constitution does not mean that there are not others retained by the people.

Amendment X Powers reserved for the states All powers the Constitution does not

grant to the federal gov’t & not expressly forbidden to the States belong to the States and people of each State

Close1. What is the process for amending the

U.S. Constitution?

2. What are the 5 rights protected by the first amendment?

3. What are the rights protected by the 4th, 5th and 6th amendments called?

Amendment XI -1795

States cannot be sued by another State or foreign country or by citizens of otherStates or by its own residents.

Repealed part of Article III section II ofthe Constitution

Amendment XII -1804

Election of the President and Vice President

Changes part of Article II section 1 Each elector in the Electoral College

caststwo ballots now: one for President andone for Vice President.

(Before, the person with the 2nd highest number of votes was elected Vice President)

Warm Up

Why are the 4th, 5th & 6th Amendments called “the rights of the accused”?

Why are the 13th, 14th & 15th called “the Civil War Amendments”?

Amendment XIII -1865

Forbids slavery or involuntary servitude inthe United States

-except as punishment for a crime.

Amendment XIV -1868

Defines citizenship › Any person who is born or naturalized in the U.S.› You are a citizen in the state where you live.

No State shall deprive a U.S. Citizen of life,liberty or property, without due process of law. (5th Amendment applies to the states)

No State shall deny to any person equal protection of the laws.› Removes the 3/5 clause from Article I Section II

Amendment XV -1870

No one can be denied the right to votebecause of race, color or “previouscondition of servitude.”

Amendment XVI -1913

Creates federal Income Tax› Before this amendment, only the states could tax an individual’s income

Amendment XIX -1920

Women’s vote – Right to vote cannot bedenied on the basis of sex.

Amendment XVII -1913

Senators elected by popular vote instead of by State legislatures

If vacancy occurs, governor must call aspecial election.› The governor may appoint a replacement

for the remainder of the term if the state legislature authorizes that step.

Amendment XVIII -1919

Prohibition of the production, possession, sale, distribution and importation of intoxicating liquors

Later repealed by the 21st amendment

Only amendment to be repealed

Amendment XXIV -1964

No one may be denied the right to vote in any federal election for not paying any poll tax or other tax.

Amendment XXVI -1971

Voting age reduced from 21 to 18› A State may enact a lower age to

vote.

Amendment XX -1933

Changes date for start President’s/VP’sterm to Jan 20th

Moved start of Congress’ term to January 3rd

Lame Duck Amendment

Amendment XXI -1933

Repeal of the 18th Amendment (End ofProhibition)

Amendment XXII -1951

Two term limit for President If President succeeded to the

Presidency in the last half of the previous presidency, maximum term limit 10 years.

Amendment XXIII -1961

Added Presidential Electors for the District of Columbia –Washington D.C.

Maximum the same number of Electors for the least populous State (3)

Amendment XXV -1967

Provision for presidential succession Provided for the replacement of the V.P. when

there is a vacancy. (President nominates, subject to majority

vote of both Houses of Congress President can make written declaration to

Senate pro tem and Speaker of the Housethat he is incapacitated, temporarilyrelieved by Vice President until he deliversrescindment letter.

Amendment XXVII -1992

Limits Congress’ control over its wages bydelaying implementation of any increase until after the next regular Congressional election.