The Amendments to the United States Constitution

1
The Amendments to the United States Constitution
2
Bill of Rights Amendments 1-10

• Written to satisfy the anti-federalists
• James Madison was the author of the Bill of
  Rights
• Twelve were originally proposed, but ten made the
  cut
• Adopted December 15, 1791
• Pneumonic Device - FAQSPRTERS

3
1st Amendment (BOR)Freedoms

• Stinky AP People Reek
• Freedom of
• S Speech speak your thoughts
• A Assembly peaceful discussion groups
• P Press print your thoughts
• P Petition voice grievances against govt
• R Religion free exercise of
• You can do these without the government arresting
  you

4
2nd Amendment (BOR)Arms, Right to Bear

• Militias are integral to security, so people have
  right to keep bear arms
• Are militias required for security now? If not,
  is this obsolete?

5
3rd Amendment (BOR)Quartering of Troops

• No Quartering of soldiers in peacetime
• Quartering during time of war only when
  prescribed by law

6
4th Amendment (BOR)Search Seizure

• You and your property cannot be searched or
  seized without probable cause
• Probable Cause is always required
• Sufficient evidence to issue a warrant
• Warrants
• Legal document that gives authorities permission
  to search
• Warrant must detail what is to be searched/seized
  and why
• Not always required
• Consent search
• Plain view
• Detention Frisking

7
5th Amendment (BOR)Protections of the Accused

• To be tried, must be charged with a crime by a
  Grand Jury
• Grand Jury formally brings individuals up on
  charges
• Must receive fair trial (due process)
• No double jeopardy tried twice for same crime
• No self-incrimination
• Right to remain silent
• Dont need to testify against oneself
• Eminent domain property cannot be seized
  without compensation

8
6th Amendment (BOR)Rights of the Accused

• Right to speedy trial
• Right to a jury trial (in district where crime
  was committed)
• Petit Jury hears rules on cases
• Right to an attorney
• Right to secure witnesses

9
7th Amendment (BOR)Trial by Jury in Civil Cases

• If your suit exceeds 20

10
8th Amendment (BOR)Excessive

• No excessive
• Bail
• Fines
• Punishment (cruel and unusual)

11
9th Amendment (BOR) Rights Unenumerated

• Cant possibly list all the rights of people
• I have right to chew gum, breath, walk down the
  street on my hands, backwards singing Brittany
  Spears songs
• This says just because a right is not listed in
  the Constitution/Amendments does not mean that
  people dont have that right

12
10th Amendment (BOR)States

• Powers not delegated to the Federal government by
  the Constitution are State powers, unless
  specifically prohibited to the States
• Drivers Licenses
• Education
• Death Penalty

13
11th Amendment 1796Cant Sue States

• Caused by Chisholm v. Georgia case in the early
  1790s
• Alexander Chisholm of SC sued Georgia for payment
  for clothing sold during Revolutionary War
• Georgia claimed it was not a federal matter and
  did not show
• Supreme Court ruled it was OK for citizens to sue
  the state
• Led to more lawsuits
• States collectively push to pass this amendment
• SaidStates can only be sued if they agree to be
  sued
• States usually dont invoke this bad PR

14
12th Amendment 1804President/VP Separate
Tickets

• Election of 1800 prompted this
• In the day, candidate with most electoral votes
  wins Presidency, 2nd place VP
• Election of 1800
• Each elector casts two votes
• Jefferson Aaron Burr tie
• Went to the House to determine Presidency
• Both tried to gain influence
• Alexander Hamilton pushed for Jefferson among
  Federalists
• Didnt agree with Jeffersons politics, but he
  thought Burr too much of a loose cannonJefferson
  won
• To assure that this would not happen again, the
  12th amendment allowed for two separate votes for
  President VP
• Candidates run on a combined ticket, but there
  are separate ballots
• Electors now cast one vote for President and
  another vote for VP
• This is how it works today, so we are effectively
  choosing electors when we go to the polls

15
Civil War Amendments

• 13th Amendment
• 14th Amendment
• 15th Amendment

16
13th Amendment 1865 Abolition of Slavery

• Abolished slavery
• Eliminated Slave Trade and Commerce Clause
  Fugitive Slave Clause

17
14th Amendment 1868African-American Citizenship

• Established citizenship rights for African
  Americans
• Cannot violate natural rights w/o due process of
  law
• Eliminates 3/5 clause
• Also stated that Confederate politicians may not
  serve in state or federal politics in US, unless
  Congress approves

18
15th Amendment 1870Universal Male Suffrage

• Provided African Americans the right to vote
• Cannot deny right to vote based on race, color,
  or previous condition of servitude

19
Progressive Era Amendments

• 16th Amendment
• 17th Amendment
• 18th Amendment
• 19th Amendment
• Fix the problems of the Gilded Age

20
16th Amendment 1913Income Tax

• Gave Congress the power to collect taxes on
  income
• US needed a new source of income
• Tariffs were a major source of income prior to
  1913
• Retaliatory tariffs were hurting exports

21
17th Amendment 1913Direct Election of Senators

• Prior to 1913, Senators were chosen by state
  legislators.
• The people now directly vote for their Senators

22
18th Amendment 1918Prohibition

• Times were tough in America for workers
• Long working days
• Low pay
• Kept people in poverty
• Men would go out and have too many root beers
• Wives did not appreciate absent, drunk and
  potentially abusive husbands wasting money
• Women petition to prohibit alcohol
• Amendment prohibits the manufacture, sale or
  transportation of liquor
• Lasts until 1933

23
19th Amendment 1920Womens Suffrage

• Women gain right to vote

24
FDR Amendments

• 20th Amendment
• 21st Amendment
• 22nd Amendment

25
20th Amendment 1933Lame Duck

• Prior to 1933, Presidents would take office on
  the March 3rd after they won the election.
• Lame duck period is the time between a
  presidential election and when the new President
  takes over
• Necessary
• Allows outgoing President to wrap things up
• Gives new President time to learn the ropes,
  assemble a staff
• Might take time to count votes
• No longer need a large span of time since
  communication and transportation were so good
• New President will take office on January 20th

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21st Amendment 1933Repeal Prohibition

• Repeals the 18th Amendment
• Problems with 18th Amendment
• Unenforceable
• Speakeasies people were drinking illegally
• Created the mob
• Solutions
• Created jobs in the middle of the Great
  Depression (Breweries Distilleries)
• Government can tax alcohol

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22nd Amendment 1951Term Limits

• FDR remained President from 1933-1945
• Republicans were rising to power in the early
  fifties and didnt like the fact that FDR was in
  office for so long
• Created term limits for President
• 2 elected terms or 10 years max

28
23rd Amendment 1961District of Columbia Can
Vote

• Prior to 1961, people in the District of Columbia
  could not vote for President
• Voting for President was reserved for states
• It was the seat of government, no one but
  politicians lived there
• Folks moved there to support the politicians
• Population exceeded 13 of the states
• Provides D.C. with the number of electoral votes
  equal or less than the least populace state

29
24th Amendment 1964Poll Taxes Abolished

• Right to vote cannot be denied to any person
  because they failed to pay a poll tax or any
  other tax
• Poll Taxes were used after reconstruction to
  circumvent the 15th Amendment
• Literacy Tests and Grandfather Clause were also
  used
• Poll tax did nothing to prevent this Voting
  Rights Act of 1965

30
25th Amendment 1967Presidential Succession

• If the President resigns, is incapacitated or
  killed, the VP is the acting President
• President can declare the VP in charge or
• The VP and a majority of cabinet members can
  declare the President unfit, and therefore the VP
  would be acting President
• New President must fill the VP role with
  Congressional approval
• Caveat to Presidential Succession Act of 1947

31
26th Amendment 1971Voting Age to 18

• Prior to 1971 you needed to be 21 years old to
  vote
• In the wake of Vietnam, made more sense to change
  this to 18 years old

32
27th Amendment 1992Congressional Pay Raises

• Congress passes legislation to give themselves
  pay raises
• Amendment says that compensation changes cannot
  take effect until after the next election cycle
• Initially submitted in the Bill of Rights,
  but removed.