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The Bill of Rights & the 17 Amendments to the US Constitution. Amending the Constitution –Art. 5. Amending the Constitution. Allowed by Article 5 of the Constitution Amendments may be proposed by: Congress (2/3 in both houses) National Convention (requested by 2/3 of state legislatures)
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The Bill of Rights & the 17 Amendments to the US Constitution Amending the Constitution –Art. 5
Amending the Constitution • Allowed by Article 5 of the Constitution • Amendments may be proposed by: • Congress (2/3 in both houses) • National Convention (requested by 2/3 of state legislatures) • Amendments may be ratified: • ¾ of all state legislatures • special state convention in ¾ of all states
Bill of Rights • Introduced by James Madison in 1789 by the request of Anti-federalists • Came into effect in 1791 after ratified by ¾ of the states • Also known as the first 10 Amendments to the Constitution
Amendment I • Freedom of Religion(No gov’t establishment of & free exercise) • Freedom of Speech • Freedom of Assembly (to meet) • Freedom of thePress • Freedom to Petitionthe Government for redress of grievances
Amendment II • Right to bear arms • Right of States to maintain an armed militiafor its own protection
Amendment III • No quartering of troops in any house without the consent of the owner
Amendment IV • Right to be free of search and seizure You may only be search or arrested if the police have a warrant • Reinforced by the Exclusionary Rule developed by the Supreme Court, disallowing as evidence anything obtained through a violation of the 4th amendment
Amendment V • Cannot be tried for a serious federal crime without indictment from a Grand Jury • No double jeopardy • Right to remain silent (no self-incrimination) • Cannot be deprived of life, liberty or property without due process • Private property cannot be taken by government without just compensation (eminent domain)
Amendment VI • Right of the accused to a speedy and public trial before an impartial jury • Accused must be informed of charges and have the right to cross-examine hostile witnesses • Right to require testimony of favorable witnesses (subpoena) • Right to be represented by an attorney at every stage of the criminal process
Amendment VII • Right to a trial by jury in civil cases in Federal court if the amount of money exceeds $20. • Right to a jury trial can be waived by both parties (bench trial—tried before a judge)
Amendment VIII • Prohibits: • Excessive bail • Excessive fines • Cruel & unusual punishment
Amendment IX • Unenumerated rights • The fact that many civil rights are expressly set forth in the Constitution does not mean that there are not others retained by the people.
Amendment X • Powers reserved for the people • All powers the Constitution does not grant to the federal gov’t & not expressly forbidden to the States belong to the the States and people of each State
Amendment XI -1795 • States cannot be sued by another State or foreign country or by citizens of other States or by its own residents. • Repealed part of Article III section II of the Constitution
Amendment XII -1804 • Election of the President and Vice President • Changes part of Article II section 1 • Each elector in the Electoral College casts two ballots now: one for President and one for Vice President. (Before, the person with the 2nd highest number of votes was elected Vice President)
Amendment XIII -1865 • Forbids slavery or involuntary servitude in the United States -except as punishmentfor a crime.
Amendment XIV -1868 • Defines citizenship • Any person who is born or naturalized in the U.S. • You are a citizen in the state where you live. • No State shall deprive a U.S. Citizen of life, liberty or property, without due process of law. • No State shall deny to any person equal protection of the laws. • Removes the 3/5 clause from Article I Section II
Amendment XV -1870 • No one can be denied the right to vote because of race, color or “previous condition of servitude.”
Amendment XVI -1913 • Creates federal Income Tax • Before this amendment, only the states could tax an individual’s income
Amendment XVII -1913 • Senators elected by popular vote instead of by State legislatures • If vacancy occurs, governor must call a special election. • The governor may appoint a replacement for the remainder of the term if the state legislature authorizes that step.
Amendment XVIII -1919 • Prohibition of the production, possession, sale, distribution and importation of intoxicating liquors • Later repealed by the 21st amendment • Only amendment to be repealed
Amendment XIX -1920 • Women’s vote – Right to vote cannot be denied on the basis of sex.
Amendment XX -1933 • Changes date for start President’s/VP’s term to Jan 20th • Moved start of Congress’ term to January 3rd • Lame Duck Amendment
Amendment XXI -1933 • Repeal of the 18th Amendment (End of Prohibition)
Amendment XXII -1951 • Two term limit for President • If President succeeded to the Presidency in the last half of the previous presidency, maximum term limit 10 years.
Amendment XXIII -1961 • Added Presidential Electors for the District of Columbia –Washington D.C. • Maximum the same number of Electors for the least populous State (3)
Amendment XXIV -1964 • No one may be denied the right to vote in any federal election for not paying any poll tax or other tax.
Amendment XXV -1967 • Provision for presidential succession • Provided for the replacement of the V.P. when there is a vacancy. • (President nominates, subject to majority vote of both Houses of Congress • President can make written declaration to Senate pro tem and Speaker of the House that he is incapacitated, temporarily relieved by Vice President until he delivers rescindment letter.
Amendment XXVI -1971 • Voting age reduced from 21 to 18 • A State may enact a lower age to vote.
Amendment XXVII -1992 • Limits Congress’ control over its wages by delaying implementation of any increase until after the next regular Congressional election.