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Amendments to the Constitution. First Amendment. 5 freedoms: speech, religion, press, assembly, and petition # OccupyWallStreet (assembly) https://petitions.whitehouse.gov/ (petition) Peter Zenger (libel and slander) KKK (religion) Speech is horse of a different color
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First Amendment • 5 freedoms: speech, religion, press, assembly, and petition • #OccupyWallStreet (assembly) • https://petitions.whitehouse.gov/ (petition) • Peter Zenger (libel and slander) • KKK (religion) • Speech is horse of a different color • “clear and present danger” – threats on the President • War and peacetime is different • Political speech? • Flag burning?
Second Amendment Intention of the amendment? What is a true militia? What does it mean to “bear arms”? Gun control Debate
Third Amendment Why the need to add this amendment?
Fourth Amendment Illegal searches and seizures Numerous Supreme Court cases (Mapp vs. Ohio) (TLO vs. New Jersey) Probable Cause? What about getting pulled over?
Fifth Amendment What does indictment mean? What does “pleading the 5th mean”? Double jeopardy What exactly is due process?
Sixth Amendment Right to a speedy and fair trial Impartial jury of peers Right to witnesses Right to attorney Miranda v. Arizona 1966 Gideon v. Wainwright 1963
Seventh Amendment Has to do with lawsuits Can’t be under $20 Note: 5th, 6th, 7th, and 8th amendments all go together Have to do with rights of the accused
Eighth Amendment Excessive Bail Cruel and unusual punishment Where does death penalty lie? How has the definition of “cruelty” changed over time?
Ninth Amendment and Tenth Amendment • 9: Power to the people • You have rights that are not listed in the constitution. What are some examples? • 10: Power to the states • If a power is not specifically given to the national govt, that power automatically goes to the states and to the people. • Can you think of any powers so far that are like this?
11th Amendment Supreme Court hears all lawsuits involving state v. state Citizens cannot sue the government
12th Amendment • Election of the President • President and Vice President are now on same ticket • Election of 1796 • Election of 1800 • If no one received popular vote, the House of Representatives chooses the President • President is inaugurated on March 4
13th Amendment Free at last! Free at last! Thank God almighty, free at last!-MLK
14th Amendment Citizens rights for blacks
15th Amendment • Blacks get the right to vote • Race, color, or servitude • 13th, 14th, and 15th Amendments are all known as the Reconstruction Amendments
16th Amendment Income tax!!!!!!! How is America going to get money if we don’t pay taxes? Constitution mentions Congress has the ability to tax, but did not mention HOW
17th Amendment Direct election of senators Before, state legislators chose Senators Does this represent the people?
18th Amendment Prohibition Since women did not have the right to vote yet, they wanted morality to at least take over Only lasted 13 years
19th Amendment Hail to the Women! Out west, most states already allowed women to vote http://www.youtube.com/watch?v=rnSDylHaFZE
20th Amendment AKA “Lame Duck” Reduced the time between the incumbent and president-elect Used to be inaugurated on March 4, now January 20th
21st Amendment Prohibition Repealed! Only Amendment to ever be repealed Govt had NO MONEY during the Great Depression Needed the tax money to help govt What about marijuana? Is marijuana as bad as alcohol? Side effects?
22ND Amendment • President is only allowed to serve 2 terms • FDR is the only president to serve more than 2 • (only did this because it was wartime) • Goes back to George Washington
23rd Amendment Washington DC gets 3 electoral votes and is governed officially by Congress Before, they didn’t get any electoral votes? Is this popular sovereignty?
24th Amendment Civil Rights Amendment Cannot pay poll taxes Goes along with lots of Jim Crow laws (grandfather clauses etc)
25th Amendment Presidential Succession After Nixon resigned, this was passed because there had to be a clear order of who would take over
26th Amendment • Used to have to be 21 to vote, now it’s 18! • Theory: if you can serve in Vietnam at 18, you should be able to vote too • What about alcohol?
27th Amendment • Congress cannot raise their own pay • One of James Madison’s proposed original amendments, did not get passed until 1992