Amendments to the Constitution

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Amendments to the Constitution
LESSON 3-2

• Discuss how the Constitution has been a shield
  against violations of basic human rights
• Identify the basic human rights protected by the
  Bill of Rights and subsequent amendments

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AMENDMENTS AND RIGHTS

• U.S. Bill of Rights
• Civil rights
• Due process of law
• Peripheral rights

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U.S. BILL OF RIGHTS AMENDMENT I

• 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.
• Ensures that U.S. citizens would enjoy the human
  rights proclaimed in the Declaration of
  Independence

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U.S. BILL OF RIGHTS 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.

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U.S. BILL OF RIGHTS AMENDMENT III

• 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.

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U.S. BILL OF RIGHTS AMENDMENT IV

• 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 or affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be seized.

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U.S. BILL OF RIGHTS AMENDMENT V

• No person shall be held to answer for a 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 dangers nor shall any person be
  subject for the same offense 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.

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U.S. BILL OF RIGHTS AMENDMENT VI

• 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
  wherein 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.

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U.S. BILL OF RIGHTS AMENDMENT VII

• 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.

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U.S. BILL OF RIGHTS AMENDMENT VIII

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.

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U.S. BILL OF RIGHTS AMENDMENT IX

• The enumeration in the Constitution of certain
  rights shall not be construed to deny or
  disparage others retained by the people.

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U.S. BILL OF RIGHTS AMENDMENT X

• 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.

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Civil Rights

• Personal, natural rights guaranteed by the
  Constitution
• Role of neutrality for Government
• Separation between church and state
• Tolerate all religions but supports none

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Due Process of Law

• One of the most significant amendments
• Fifth no person shall be . . . Deprived of
  life, liberty, or property, without the due
  process of law
• Legal Rights benefits to which a person is
  justly entitled by law
• Legal Duties obligations or standards of
  conduct toward other persons that are enforceable
  by law

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Due Process of Law

• Due process requires fundamental fairness in
  compliance with reasonable and just laws.

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Peripheral Rights

• Some rights are not explicitly mentioned in the
  U.S. Constitution/Bill of Rights, but courts have
  recognized them as necessary to protect.
• Right of privacy

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Whats Your Verdict?

• Is the right to privacy mentioned in our
  Constitution or Bill of Rights?
• No not specifically mentioned, but it is a
  peripheral right

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MORE CONSTITUTIONAL AMENDMENTS

• Abolishing slavery
• The right to vote
• Limiting states powers

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Abolishing slavery

• Thirteenth Amendment Neither slavery nor
  involuntary servitude, except as a punishment for
  a crime whereof the party shall have been duly
  convicted, shall exist within the United States,
  or any place subject to their jurisdiction.
• Whats Your Verdict?
• Was Ida telling the truth?
• Yes

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The right to vote

• Fifteenth Amendment provided slaves the right to
  vote, but with a poll tax
• Twenty-Fourth Amendment no poll tax
• Nineteenth Amendment gave women the right to
  vote
• Twenty-Sixth gave 18 year olds right to vote

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Limiting states powers

• Fourteenth Amendment state governments are
  barred from depriving any person of life,
  liberty, or property without due process of law

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3-2 Questions

• Which of the first 10 amendments guarantees
  freedom of speech?
• First
• Second
• Third
• Freedom of speech is not guaranteed in the Bill
  of Rights

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3-2 Questions

• First

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3-2 Questions

• The right of privacy is guaranteed in the Bill of
  Rights
• TRUE / FALSE

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3-2 Questions

• FALSE

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3-2 Questions

• The _________ Amendment extends due process
  protection to state acts.

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3-2 Questions

• 14th Amendment

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3-2 Questions

• The Sixth Amendment preserves the right to trial
  by jury in criminal trials.
• TRUE / FALSE

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3-2 Questions

• TRUE

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3-2 Questions

• The Fifth Amendment states no one shall be
  deprived of life, liberty, or property without
  ____________.

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3-2 Questions

• due process of law

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3-2 Questions

• Legal rights and duties are always the same as
  moral rights and duties.
• TRUE / FALSE

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3-2 Questions

• FALSE

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3-2 Questions

• Which of the following rights is included in the
  Sixth Amendment?
• The right to a speedy criminal trial
• The right to a public criminal trial
• The right to have defense counsel in a criminal
  trial
• All of the above

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3-2 Questions

• d) All of the above

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3-2 Questions

• Which of the following issues does the Fourteenth
  Amendment address?
• Voting
• Citizenship
• Privacy
• Slavery

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3-2 Questions

• b) citizenship

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Division and Balance of Powers
LESSON 3-3

• Discuss how the Constitution created a system of
  checks and balances
• Explain how the power to govern is divided
  between the federal and state governments

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OUR SYSTEM OF CHECKS AND BALANCES

• System that gives specific authority to each of
  the three basic branches of government
• Branches of governments
• Legislative branch
• Executive branch
• Judicial branch
• Changing the Constitution
• Our form of government

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Legislative branch

• Congress
• Senate two members from every state
  regardless of population 6-yr. Term
• House of Representatives seats allocated
  according to population 2-yr. Term
• Senate House could block each others vote
  checks balance
• House has power of impeachment
• Senate has power to trial all impeachment cases
• Impeachment Cases involve trying a government
  official for misconduct in office

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Executive Branch

• Headed by the President and Vice President
• Political Party private organization of
  citizens who select and promote candidates for
  election to public office

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Judicial Branch

• Headed by the Supreme Court of the United States
• Decides if statutes passed by legislative branch
  and signed by the President are constitutional
• Involved if President exceed powers

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Checks and Balances
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Changing the Constitution

• Amendment change or alteration of the
  constitution
• 1) Proposed by 2/3rds vote in Senate House
• 2) Legislatures of 2/3rds of all states to call
  a convention of all states

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Our Form of Government

• Democracy governmental system in which citizens
  vote directly to decide issues
• Republic voters select their representatives to
  the legislative, executive, and judicial branches

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Whats your Verdict?

• Who is correct about system of government?
• Neither Max nor June
• Should study the issues the political candidates
  views select the party that most closely
  reflects your views

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DOES THE FEDERAL GOVERNMENT HAVE TOTAL GOVERNING
POWER?

• Sovereignty of the states
• Amendment X (freedom from external control)
• Most states control business contract law /
  criminal and tort law / realty / probate /
  domestic relations

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DOES THE FEDERAL GOVERNMENT HAVE TOTAL GOVERNING
POWER?

• Powers of the federal government
• -- duty to protect every state against invasion
• -- raise and support armies/navy/air force
• -- power to regulate interstate commerce /
  foreign commerce
• -- post office / coin money / tax imports
  exports

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3-3 Questions

• Under our Constitution, all spending bills must
  originate in the _______________

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3-3 Questions

• House of Representatives

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3-3 Questions

• Which of the following powers was not retained by
  the states?
• power to define and apply tort (personal injury)
  law
• power to define and apply criminal laws
• power to define and apply probate laws
• the states retained all of the above powers

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3-3 Questions

• d) the states retained all of the above powers

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3-3 Questions

• Individual states in the U.S. can coin money.
• TRUE / FALSE

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3-3 Questions

• FALSE

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3-3 Questions

• The legislative branch of the federal government
  is the _____________

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3-3 Questions

• Congress

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3-3 Questions

• The U.S. Senate is made up of _____________
  members from every state.

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3-3 Questions

• two

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3-3 Questions

• The U.S. House of Representatives is made up of
  the same number of members from each state.
• TRUE / FALSE

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3-3 Questions

• FALSE

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3-3 Questions

• The U.S. Senate has the power to initiate
  impeachment proceedings against a U.S. President
• TRUE / FALSE

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3-3 Questions

• FALSE

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3-3 Questions

• The _____________ branch of government is headed
  the President.

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3-3 Questions

• Executive