Constitutional Amendments

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To the U.S. Constitution
The Bill of Rights

Amendments 1 through 10
How do you expect to be treated?
Introductory Video
Background Information

 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 AntiFederalist
 He was influenced by George Mason, author of The
Virginia Declaration of Rights
 This Bill of Rights LIMITS the powers of our
government
The
st
1
Amendment

 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
Religion
What should we do when “the
enemy” is represented in America?
Speech
Where 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
The
nd
2
Amendment

 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
Some of the Issues

 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?
Should we own guns?

For
Against
The
rd
3
Amendment

 Not really an issue now, but was quite common in
Colonial America
The
th
4
 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
Amendment

 Things to consider
 Stop and frisk
 Searching a home
 Searching a car
 Phone taps
 Looking through
garbage on the curb
 Social media
The
th
5
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
Consider These:

 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?
The
th
6
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
th
7
Amendment

 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
th
8
Amendment

 We need to have an
appropriate bail
 No cruel or unusual
punishment
 Is Capital Punishment
Constitutional?
The
th
9
Amendment

 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
th
10
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.
Video: hand trick ?

 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
Reconstructive Era
Amendments

Amendments 13 through 15
Civil War Separation

What is the Reconstructive Era?

 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?
The
th
13
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
th
14
 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
Amendment

Should this be amended?
The
th
15
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 the
Progressive 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
th
16
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
th
17
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
th
18
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.
Supporting the Ban

Against the Ban
History of Prohibition
The 19th Amendment
The right to vote will not be restricted by gender…
women have the right to vote
Passed in 1919 and ratified in 1920
Extensions of Suffrage

Amendments 15, 19, 23, 24, and 26
The
th
15
Amendment

 Remember, this Amendment extended voting
privileges to African American men
The
th
19
 Remember, this
Amendment
extended voting
privileges to
women
Amendment

The
rd
23
Amendment

 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
th
24
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.
The
th
26
Amendment

 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 Presidency

Amendments 12, 20, 22, and 25
The
th
12
Amendment

 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
th
20
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
The
nd
22
Amendment

 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
th
25
Amendment
What happens to the Presidency if the president is
Impaired, disabled, or unable to perform his duties?

 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.
Unique Historical
Circumstances

Amendments 11, 21, and 27
The
th
11
Amendment

 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
st
21
Amendment

 The repeal of Prohibition
 Proposed and ratified in 1933
The
th
27
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
Review the
Amendments

Supreme Court Cases
and 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
Potential Future
Amendments

Why add an Amendment?

 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
Legalization of Marijuana

 Green = legal
 Black = illegal
 Blue = medicinal use
 Gold = medicinal use
and decriminalized
 Tan = decriminalized
Same Sex Marriage

Gold
=
No
Rights
Purple
=
Full
Rights
Immigration Reform

Your Assignment!

 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
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