The Amendments
Formal vs. Informal Change

Formal – changes or
additions that become
part of the written
language of the
Constitution itself.

Informal – changes
which have not involved
the written words of the
Constitution, but that
have occurred through
interpretation.
** The Amendments are
formal changes.
Ongoing Debate

How to balance the
rights of the
individual with the
needs of society.

The Supreme
Court is challenged
with interpreting
the meaning of the
Constitution and its
amendments
through cases that
come before it.
Interpretation
Strict Constructionist
vs.
Loose Constructionist
A narrow interpretation
vs.
a vague interpretation
Types of Informal Change
Basic Legislation
 Executive Action



Executive Agreement
Treaty
Court Decisions
 Party Practices



Electoral College
Custom


Cabinet
Senatorial Courtesy
The Bill of Rights

First 10 Amendments to the Constitution
 Limits
the powers of government (originally
intended to limit the Federal Government)
 Protects
the rights of individual liberty and the
rights of persons accused of crimes
First Amendment
Freedoms of Religion, Speech, Press,
Assembly, and Petition:
Establishment and
Free Exercise Clauses
“Congress shall make no law respecting an
establishment of religion, or prohibiting
the free exercise thereof…”
Other Types of Prohibited Speech
Urging someone to commit a crime
 Threats of violence
 Sexual Harassment
 Obscene language in certain situations
 Speech endangering the nation’s safety

All speech should be responsible, or not
endanger the safety of society
Standard
“The question in every case is whether the words
used in such circumstances are of such nature as
to create a clear and present danger
that they will bring about the…evils that Congress
has a right to prevent…”
---Justice Oliver Wendell Holmes
Second Amendment
Right to Bear Arms:
Supports the rights of citizens to own
firearms. States are free to regulate the
use and sale of firearms.
Also, allows the States to maintain national
guard units.
Third Amendment
Lodging Troops in Private Homes:
Troops cannot be lodged in private homes
during peacetime. Stems from another
British practice before the Revolution.
This provision is of virtually no
importance today.
Fourth Amendment
Search and Seizure:
-Protects the people from unreasonable
searches and arrests.
Probable Cause
 Search Warrant
 Arrest Warrant

Probable Cause

Valid reason for a police search or arrest

A set of facts and/or circumstances that
would lead a reasonable person to believe
that a crime has been, is being, or is
about to be committed.
Exclusionary Rule

Reinforces the guarantees of
the 4th Amendment – “gives
it teeth”

Evidence gained by the result
of an illegal act by police
cannot be used against a
person from whom it was
seized.

Reasoning: If the police
know that evidence produced
by an illegal search will be of
no use to the prosecution,
they will have no motive for
violating the Constitution.
Rights of the Accused

The Supreme Court has had to maintain a
delicate balance between an accused
person’s rights to be treated fairly and the
majority’s right to be protected from
criminals.

“Presumption of Innocence”
Fifth Amendment
Rights of the Accused:
Four Important Protections for those accused of
crimes.
1. Grand Jury
2. Double Jeopardy
3. Self-Incrimination
4. Due Process of Law
*Also, defines government’s right of eminent
domain (gov’t may take private property for a
legitimate public purpose).
Due Process

The legal proceedings carried out
according to established rules and
principles.

Prevents unfair / arbitrary acts
 5th
and 14th Amendments
Sixth Amendment
Right to a Speedy and Public Trial:
Additional protections include…
 Right to know charges against them.
 Right to confront witnesses against them
and compel witnesses to appear on their
behalf.
 Right to an attorney.
Seventh Amendment
Trial by Jury in Civil Cases:
- Involves matters concerning more than
$20.00. Both parties may agree to trial by
a Judge.
Eighth Amendment
Bail and Punishment:
Bail, fines, and punishment cannot be
unreasonable.
Ninth Amendment
Powers reserved for the People:
All other rights not spelled out in the
Constitution are “retained by the people.”
(protects all basic or natural rights not
specifically noted in the Constitution)

Tenth Amendment
Powers reserved for the States:

Powers not given to the National
government or denied to the States by the
Constitution belong to the States or to the
people.
How well have you been
paying attention? Which amendment
corresponds with each description?
1.
2.
3.
4.
5.
6.
7.
Grants the expressionary freedoms of speech, press,
religion, assembly, and petition.
Provides for the right to bear arms.
Prevents unreasonable searches and seizures.
Prevents self-incrimination and double jeopardy.
Criminal defendants are given the right to a fair trial
and an attorney.
Prevents excessive bail, fines, and/or cruel and
unusual punishment.
Provides for unenumerated rights for all citizens.
Other Amendments
The 27 Amendments can be divided into
three groups.
The first group includes the Bill of Rights
and the Eleventh and Twelfth
Amendments (1791 to 1804).
Eleventh and Twelfth
11th – No state may be sued in federal court by a
resident of another state or a foreign nation.
Chisholm v. Georgia – SC ruled against GA, but
Congress immediately proposed the 11th
Amendment in response.
12th – Election of Chief Executive (President and
VP)
Civil War Amendments
13th, 14th, and 15th Amendments (1865 to 1870):
13th – Abolished Slavery
14th – Citizenship and Due Process:


Applied Due Process of Law to States
Equal Protection Clause – prohibits a state from
discriminating or drawing unreasonable distinction b/w
persons.
15th – Prohibits government from denying any
person the right to vote on the basis of race.
Later Amendments
Deal with a range of topics that reflect the
changes in modern American society
(added in the 20th Century)
16th Amendment (1913):
Income Tax – Congress has the power to
tax people’s income.
Seventeenth and Eighteenth
17th Amendment (1913):
Direct election of Senators – allowed the
people, instead of State legislatures, to
directly elect Senators.
18th Amendment (1919):
Prohibition – The manufacture, sale, and
transportation of alcoholic beverages was
prohibited.
Nineteenth and Twentieth
19th Amendment (1920):
Women’s Suffrage – guarantees women the
right to vote.
20th Amendment (1933):
Terms of President, Vice President, and
Congress – set new dates for Congress to
begin its term and for the inauguration of
the President and VP. (“Lame Duck”)
Twenty-First and Twenty-Second
21st Amendment (1933):
Repeal of Prohibition
22nd Amendment (1951):
Presidential Term Limits – limits presidents
to a maximum of two elected terms.
Twenty-Third and Twenty-Fourth
23rd Amendment (1961):
Voting Rights for the District of Columbia –
allows citizens living in the Washington
D.C. the right to vote for President and VP
24th Amendment (1964):
Abolition of Poll Taxes – No citizen can be
made to pay a tax for the right to vote in
a federal election.
Twenty-Fifth
25th Amendment (1967):
Presidential Succession – established the
process for filling the office of President if
the President becomes disabled. Also,
sets the procedure for filling a vacancy in
the office of VP.
Twenty-Sixth and Twenty-Seventh
26th Amendment (1971):
Voting Age – lowers the voting age to 18 in
federal and state elections.
27th Amendment (1992):
Congressional Pay Increases – makes
congressional pay raises effective during
the term following their passage.
Activity
You must pick an amendment from the Bill of
Rights (exclude 3, 7, 9, 10); write a brief
position paper on how society would be different
had the amendment not been added to the
Constitution. The paper should be a minimum of
275 words, spelling and grammar should be
correct.
This is due at the end of class today.
Amendments:
1, 2, 4, 5, 6, 8