Amendments to the Constitution

1. GOALS Chapter 3 LESSON 3-2 Amendments to the Constitution 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

2. Chapter 3 AMENDMENTS AND RIGHTS • U.S. Bill of Rights • Civil rights • Due process of law • Peripheral rights

3. Chapter 3 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

4. Chapter 3 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 bearArms, shall not be infringed.

5. Chapter 3 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.

6. Chapter 3 U.S. BILL OF RIGHTS: AMENDMENT IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonablesearches 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.

7. Chapter 3 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.

8. Chapter 3 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.

9. Chapter 3 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.

10. Chapter 3 U.S. BILL OF RIGHTS: AMENDMENT VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

11. Chapter 3 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.

12. Chapter 3 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.

13. Chapter 3 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

14. Chapter 3 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

15. Chapter 3 Due Process of Law • Due process requires fundamental fairness in compliance with reasonable and just laws.

16. Chapter 3 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

17. Chapter 3 What’s 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

18. Chapter 3 MORE CONSTITUTIONAL AMENDMENTS • Abolishing slavery • The right to vote • Limiting states’ powers

19. Chapter 3 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.” • What’s Your Verdict? • Was Ida telling the truth? • Yes

20. Chapter 3 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

21. Chapter 3 Limiting states’ powers • Fourteenth Amendment – state governments are barred from depriving any person of life, liberty, or property without due process of law

22. Chapter 3 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

23. Chapter 3 3-2 Questions • First

24. Chapter 3 3-2 Questions • The right of privacy is guaranteed in the Bill of Rights • TRUE / FALSE

25. Chapter 3 3-2 Questions • FALSE

26. Chapter 3 3-2 Questions • The _________ Amendment extends due process protection to state acts.

27. Chapter 3 3-2 Questions • 14th Amendment

28. Chapter 3 3-2 Questions • The Sixth Amendment preserves the right to trial by jury in criminal trials. • TRUE / FALSE

29. Chapter 3 3-2 Questions • TRUE

30. Chapter 3 3-2 Questions • The Fifth Amendment states no one shall be deprived of life, liberty, or property without ____________.

31. Chapter 3 3-2 Questions • due process of law

32. Chapter 3 3-2 Questions • Legal rights and duties are always the same as moral rights and duties. • TRUE / FALSE

33. Chapter 3 3-2 Questions • FALSE

34. Chapter 3 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

35. Chapter 3 3-2 Questions d) All of the above

36. Chapter 3 3-2 Questions • Which of the following issues does the Fourteenth Amendment address? • Voting • Citizenship • Privacy • Slavery

37. Chapter 3 3-2 Questions b) citizenship

38. GOALS Chapter 3 LESSON 3-3 Division and Balance of Powers 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

39. Chapter 3 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

40. Chapter 3 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 other’s 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

41. Chapter 3 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

42. Chapter 3 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

43. Chapter 3 Checks and Balances

44. Chapter 3 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

45. Chapter 3 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

46. Chapter 3 What’s 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

47. Chapter 3 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

48. Chapter 3 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

49. Chapter 3 3-3 Questions • Under our Constitution, all spending bills must originate in the _______________

50. Chapter 3 3-3 Questions • House of Representatives