#7 - Why is the Constitution so
tricky sometimes?
Article V – Amending the Constitution
Proposal Stage
• 2/3 Vote from
Congress
Ratification Stage
• 3/4 of the state
governments
Or
Or
• National
Convention
requested by 2/3
of the states
• A Convention
held in 3/4 of the
states
Amending the Constitution
• How many times ?
Bill of Rights
Amendment 1 Freedoms, Petitions,
Assembly
Amendment 2 Right to bear arms
Amendment 3 Quartering of soldiers
Amendment 4 Search and arrest
Amendment 5 Rights in criminal cases
Amendment 6 Right to a fair trial
Amendment 7 Rights in civil cases
Amendment 8 Bail, fines, punishment
Amendment 9 Rights retained by the
People
Amendment 10 States' rights
Later Amendments
Amendment 11 Lawsuits against states
Amendment 12 Presidential elections
Amendment 13 Abolition of slavery
Amendment 14 Civil rights
Amendment 15 Black suffrage
Amendment 16 Income taxes
Amendment 17 Senatorial elections
Amendment 18 Prohibition of liquor
Amendment 19 Women's suffrage
Amendment 20 Terms of office
Amendment 21 Repeal of Prohibition
Amendment 22 Term Limits for the Presidency
Amendment 23 Washington, D.C., suffrage
Amendment 24 Abolition of poll taxes
Amendment 25 Presidential succession
Amendment 26 18-year-old suffrage
Amendment 27 Congressional pay raises
“The Bill of Rights”
First time the Constitution
Will be amended (1791)
Fun Facts:
• Wednesday the 4th of March, 1789
– Finally ratified in 1791
• Written in New York City
• Written by the Congress of the United
States of America
• Proposed by Madison to end the
conflicts between federalist and antifederalists and help to ratify the
Constitution
• Provided basic Human Rights not
directly given in the Constitution
First Amendment
This is the amendment that makes America awesome!
Religious & Political Freedom
• R
•Religion
• A
•Assembly
• P
•Press
• P
•Petition
• S
•Speech
Congress shall make no law respecting an
establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably
to assemble, and to petition the Government for a
redress of grievances.
First Amendment
• In Texas v. Johnson, The Court found that burning
the American flag was a form of political speech.
Justice Brennan wrote
• “...is the bedrock principle underlying the First
Amendment. Government may not prohibit the
expression of an idea simply because society finds
the idea itself offensive or disagreeable.”
• Do you agree with the above statement ? Explain.
• Is Flag burning, in your opinion, free speech?
• If you were one of the judges on the Supreme
Court, how would you decide the case?
Second Amendment
The Right to Bear Arms
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.
Third Amendment
Quartering Troops
No Soldier shall, in time of peace be quartered in
any house, without the consent of the Owner,
nor in time of war, but in a manner to be
prescribed by law.
Fourth Amendment
Search and Seizure
The right of the people to be secure in
their persons, houses, papers, and
effects, against unreasonable
searches and seizures, shall not be
violated, and no warrants shall
issue, but upon probable cause
supported by Oath of affirmation,
and particularly describing the place
to be searched and the person or
things to be seized.
4th Amendment – Search & Seizures
• Protection against “unreasonable” search and
seizures without proper warrants
• “probable cause” Standard used by Police to
convince a magistrate that “probable cause”
exists that a crime has been committed, in
order to obtain a valid search warrant.
• Car Stops – a valid stop, police can search the
entire car, including sealed containers in the trunk.
• PLAIN VIEW DOCTRINE
• If the police see, they may seize it (if it is
contraband)
Search & Seizures in Schools
TLO v New Jersey
• REASONABLE SUSPICION
• (Lower standard of probable cause, used in schools)
– when a reasonable person, with experience, from
a combination of articulated facts, and that person’s
own experience feels that a degree if intrusion is
warranted.
• SEVEN FACTORS OF REASONABLE SEARCH
1. What you hear
5. History
•
2. What you see
6. Environment
•
3. What you smell
7. One’s reaction
•
4. What you feel
Fifth Amendment
Rights of the Accused
No person shall be held to answer for any
capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand
Jury, except in cases arising in the land or
naval forces, or in the Militia, when in actual
service in time of War or public danger; nor
shall any person be subject for the same
offence to be twice put in jeopardy of life or
limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be
deprived of life, liberty, or property, without
due process of law; nor shall private
property be taken for public use, without just
compensation.
Fifth Amendment – Rights of the Accused
and Protection of Citizens from the Govt.
• Double Jeopardy – cannot be charged with a crime twice.
• Can’t be forced to be a witness against yourself – “plead the
5th”
• There can be no Suspension of the
Writ of Habaes Corpus (“you shall have the body”) The writ is an order that a prisoner be brought to court
to be told why he is being detained. (no guaranteed
during times of “rebellion or invasion”
• Eminent domain: governments has the right to take private
property for public use. Owners are paid a current market
price
Sixth Amendment
Right to a Speedy & Public Trial
In all criminal prosecutions, the accused
shall enjoy the right to a speedy and
public trial, by an impartial jury of the
State and district where in the crime shall
have been committed, which district shall
have been previously ascertained by law,
and to be informed of the nature and
cause of the accusation; to be confronted
with the witnesses against him; to have
compulsory process for obtaining
witnesses in his favor, and to have the
Assistance of Counsel for his defense.
Seventh Amendment
Trial by Jury in Civil Cases
This isn’t
right? I’m
left now…
In suits at common law, where the
value in controversy shall exceed
twenty dollars, the right of trial by
jury shall be preserved, and no
fact tried by a jury, shall be
otherwise re-examined in any
court of the United States, than
according to the rules of the
common law.
Eighth Amendment
Limits of Fines and Punishments
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual
Much
punishments inflicted.
better
Eighth Amendment – Limits of Fines and Punishments
• Excessive Bail or Punishment not allowed
• Ban on “cruel and unusual punishment“
• Death Penalty – Is it Cruel and Unusual?
• Gregg v. Georgia (1976) – argued
“cruel & unusual” – Court ruled in favor of
penalty when defendant convicted of
deliberately killing another
• Roper v. Simons (2005) – minor
receiving the death penalty was cruel and
unusual punishment.
Ninth Amendment
Rights of the People
The enumeration in the Constitution, of certain
rights, shall not be construed to deny or
disparage others retained by the people
If they did list it, doesn’t mean you don’t have
that right.
Ninth Amendment – Rights of People
• Rights not mentioned in Constitution
belong to the people
• Do you have the right to privacy?
Tenth Amendment
Powers of the States and People
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.
# 7 - Matching
• #7 - Using your Constitution / Bill of Rights –
match the following terms with their
amendment and describe their purpose.
• Example:
• Habeas Corpus – Article 1, Section 9
• Law which prevents the government from
holding you without cause
Terms
•
•
•
•
•
•
•
Eminent Domain
Probable Cause
Unreasonable Search And Seizure
Cruel and Unusual Punishment
Double Jeopardy
Quartering Act
Speedy Trial