Part I, The Bill of Rights, What are the freedoms listed in the First Amendment to the Constitution of the United States of America? First Amendment freedoms A• Religion – Government may not establish an official religion, nor endorse, or unduly interfere with the free exercise of religion. Freedom of Religion B)• Speech – Individuals are free to express their opinions and beliefs. C) Press – The press is free to gather and publish information, including that which criticizes the government. D)• Assembly – Individuals may peacefully gather. E)• Petition – Individuals have the freedom to make their views known to public officials. 2 nd Amendment Right to Bear or Keep Arms -Each state has the right maintain a militia, an armed force for its own protection-today The National Guard. The National gov’t and the States can and do regulate the private posessoin of fire arms. Right to Bear Arms 3 rd Amendment Quartering of Troops To prevent what had been common British practice in the colonial period. No importance today Quartering of Troops 4TH Amendment – Search and Seizure - Police officers have no general right to search for or seize evidence or seize (arrest) persons. Except in particular circumstances, they must have a proper warrant (a court order) obtained with probable cause (on reasonable grounds). Reinforced by the exclusionary rule. Evidenced gained by illegal search and seizure is not allowed in the court of law. 5th Amendment (Criminal Proceedings; Due Process; Eminent Domain) A person can be tried for a serious federal crime only if he or she has been indicted (Charged, of that crime) by a grand jury. No one may be subjected to double jeopardy –that is, tried twice for the same crime. All persons are protected against self- incrimination; no person can be legally compelled to answer any question in any governmental proceeding if that answer could lead to that person’s prosecution. Due Process Clause prohibits unfair, actions by the Federal Gov’t. 6th Amendment (Criminal Proceedings) A person accused of crime has the right to be tried in court without undue delay and by an impartial jury. The defendant must be informed of the charge upon which he or she is to be tried, has the right to cross-examine hostile witnesses, and has the right to require the testimony favorable witnesses. The defendant also has the right to an attorney. Ex. Miranda Rule Miranda Warning “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights? 7th Amendment (Civil Trials) This amendment applies only to civil cases heard in federal courts. A civil case does not involve criminal matters, it is a dispute between private parties or between the government a private party. The right to trial by jury is guaranteed in any civil case in a federal court if the amount of money involved in that case exceeds $20 (most cases involved a much larger sum) that may be waived (relinquished) if both parties agree to a bench trial. 8th Amendment ( Punishment for Crimes) Bail is the sum of money that a person accused of a crime may be required to post, as a guarantee that he or she will appear in court at the proper time. The amount of bail required must bear a reasonable relationship to the seriousness of a crime. - Also protects against “Cruel and Unusual Punishment” 9th Amendment ( Unenumerated Rights) The fact that the Constitution sets out many civil right guarantees, expressly provides for many protections against government, does not mean that there are not other rights also held by the people. 10th Amendment (Powers Reserved to the States) This amendment identifies the area of power that may be exercised by the states. All of those powers the Constitution does not grant for the National Government, and at the same time does not forbid to the States, belong to each of the States, or to the people of each State. Rights of the accused The Bill of Rights protects citizens from • Unreasonable search and seizures • Double jeopardy • Self-incrimination • Cruel and unusual punishment Quiz 1. Describe 5 First Amendments freedoms. 2. Describe the 2nd Amendment. 3. What is the state’s militia referred to as? 4. What is the 3rd Amendment? 5. Why does the 3rd Amendment no longer have any importance in today’s society? 6. The 7th Amendment Amendment guarantees people the right to a __________ case to be heard, or cases that do not involve criminal matters. 7. This amendment calls for citizens to have “Due Process” through the law. 8. The 5th amendment protects people from being convicted of the same crime twice or also know as ___________ _________. 9. Which amendment ensures the right for citizens to have proper criminal proceedings if need be. 10. 4th amendment prevents illegal ________ and ___________. 11. Which amendment prevents people from enduring unfair punishment for crimes? 12. This amendment calls for reserve powers for the states. 13. This amendment calls for people to have unenumerated rights. Match the following 14. 1st Amend. A) Right to Bear Arms 15. 2nd Amend. B) Illegal Search and Seizure 16. 3rd Amend. C) Criminal Proceedings 17. 4th Amend. D) Civil Trials 18. 5th Amend. E) Fair Punishment for Crimes 19. 6th Amend. F) Reserve power for states 20. 7th Amend. G) Freedom of religion, speech Press 21. 8th Amend. H) Quartering of Troops 22. 9th Amend. I) Unenumerated Rights 23. 10th Amend. J) Double Jeopardy, Eminent Domain Part II. Amendments 11-27 11th Amendment Suits Against States No State may be sued in a federal court by a resident of another state or foreign country, the Supreme Court ahs long held that this provision also means that a State cannot be sued in a federal court by a foreign country or, more importantly, even by one of its own residents. 12th Amendment Election of President and Vice President Originally, each elector cast two ballots, each for a different person for President. The person with the with the largest number of electoral votes, provided that number was a majority of the electors, was to become President. The arrangement produced a tie between Jefferson and and Aaron Burr in 1800. Therefore, they switched it to one elector vote for President another for Vice-President. 13th Amendment Slavery and Involuntary Servitude Forbids slavery in the United States and in any area under its control. It also forbids other forms of forced labor, except punishments for crime, but some forms of compulsory service are not prohibited-for example, service on juries or in the armed forces. 14th Amendment Rights of Citizens Defines Citizenship. Provides U.S. citizenship by birth or naturalization. At birth is determined according to the principle of jus soil- “ The law of the soil,” where born; naturalization is the legal process by which one acquires a new citizenship at some time after birth. Under certain circumstances, citizenship can slso be gained at birth abroad, according to the principle of jus sanguinis- “law of the blood”, to whom born. 14th Amendment continued Amendment also contains two major civil rights provisions: the Due Process Clause forbids a State to act in any unfair or arbitrary way; the Equal Protection Clause forbids a State to discriminate against people. 15th Amendment, Right to Vote- Race, Color, Servitude The phrase, “ previous condition of servitude” refers to slavery. Note that this amendment does not guarantee the right to vote to African Americans, or to anyone else. Instead, it forbids the States from discriminating against any person on the grounds of his “race, color, or previous condition of servitude” 16th Amendment Income Tax Gives Congress the power to levy an income tax, without regard to the populations of any of the States. 17th Amendment Popular Election of Senators Senators are now elected by the voters in each State. If a vacancy occurs, the governor of the State involved must call an election to fill the seat, the governor may appoint a senator to serve until the nest election. If the State’s legislature has authorized that step. 18th Amendment Prohibition of Intoxicating Liquors Ratified January 1919. Outlawed the making, selling, transporting, importing, or exporting of alcoholic beverages in the the United States. It was repealed in its entirely by the 21st Amendment in 1933. Prohibition Prohibition (Temperance Movement) 19th Amendment Equal Suffrage - Gender No person can be denied the right to vote in any election in the United States on account of his or her sex. Biased against Women’s Suffrage 20th Amendment Commencement of Terms; Sessions of Congress; Death or Disqualification of President-Elect Date on which the President and Vice President now take office was moved from March 4 to January 20. Similarly, the members of Congress now begin their terms on January 3. The 20th Amendment is sometimes called the “Lame Duck Amendment” because it shortened the period of time a member of Congress who was defeated reelection remains in office Harrison’s Inaugural Address 11-20 Quiz 1. Which amendment delegates how the electors vote for President and Vice-President? 2. Which amendment guards states against suits? 3. Which amendment gives women the right to vote? 4. Amendment that enacted prohibition? 5. Amendment that moved the inauguration date from March to January 20? 6. Amendment that allowed states to enact Income taxes? 7. This amendment made it illegal to keep someone from voting based upon their race? 8. This amendment outlawed slavery? 9. This amendment defined citizenship. 10. Name the three Civil War/Reconstruction Amendments. 21st Amendment Repeal of 18th Amendment Gives each state the power to regulate the transportation or importation and the distribution or use of intoxicating liquors in ways that would be unconstitutional in the case of any other commodity. The 21st Amendment is the only amendment Congress has thus far submitted to the States for ratification by conventions. 22nd Amendment Presidential Tenure Proposed by Congress in 1947. This Amendment stipulated that no President may serve more than two elected terms. But a President who has succeeded to office beyond the midpoint in a term to which another President was originally elected may serve for more than eight years. In any case, however, a President may not serve more than 10 years. Prior to FDR, who elected to four terms, no President had served more than two fulll terms in office. 23rd Amendment Presidential Electors for the District of Columbia It included the voters of the District of Columbia in the presidential electorate, and provides that the District is to have the same number of electors as the least populous State- (3 Electors)- but no more than that number. 24th Amendment Right to Vote in Federal Elections -Amendment outlawed the payment of any tax as a condition for taking part in the nomination or election of any federal officeholder. Poll Tax 25th Amendment Presidential Succession, Vice Presidential Vacancy, Presidential Inability Wrote into the constitution the precedent set by Vice President John Tyler, who became President on the death of William Henry Harrison in 1841. 26th Amendment Right To Vote-(Age) Provides that the minimum age for voting in any election in the United States cannot be more than 18 years. 27th Amendment Congressional Pay Limits Congress’s power to fix the salaries of its members- by delaying the effectiveness of any increase in that pay until after the next regular congressional election. Amendments 20-27 Exit Quiz 1. The 20th Amendment is also referred to as the “__________-_______”amendment, because this is what a president is referred to as when they are about to exit office. 2. What date did the 20th Amendment move the inauguration date to? 3. The 21st amendment repealed what amendment? 4. What did the 21st Amendment accomplish? 5. Which amendment established electoral votes for the District of Columbia? 6. Which amendment established how many terms a President may serve? 7. That Amendment stated a President may serve a maximum of how many years? 8. What amendment requires that the voting age be 18? 9. Which amendment illegalizes the use of a tax as a requirement for voting? 10. Which amendment established who succeeds the President if he is unable to continue as President?
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