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Transcript of Amendments
Bill of Rights
First 10 Amendments
And the other 17...
Question to Consider
Some critics of the amending process argue that amendments, once proposed, should be put before a national popular referendum. They point out that 49 out of 50 states now submit state constitutional amendments to popular vote. Delaware is the only exception. Do you think the amendment process should be revised to bypass state legislatures and allow for a national popular referendum? Why or why not?
Change or revision to the Constitution
2 Part Process
2/3rd of Congress
3/4th by the States legislatures
Petition by 2/3 the States
3/4th by state conventions
(Congress gets to decide!)
Why is it so hard???
Bill of Rights
Freedom of speech, press, religion, assembly, and petition
Right to bear arms
Citizens do not have to house soldiers
No unreasonable search or arrest
Rights of the accused in criminal cases
Trial by jury
No excessive bail or cruel punishment
People get rights not listed in the Constitution
Any rights not given to the federal government are given to the states and to the people
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.
Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another
Free Exercise Clause
Reserves the right of American citizens to accept any religious belief, engage in religious rituals and actions
The right to speak without censorship by the government
right to circulate opinions in print without censorship by the government
right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation
right to hold public meetings and form associations without interference by the government
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.
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.
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.
Mapp v Ohio
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 danger; 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.
the power to take private property for "public use".
No double jeopardy, don't have to witness against yourself, & eminent domain
legal bodies that conduct official proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought.
forbids second prosecutions after either acquittal or conviction, and prohibits multiple punishments for the same offense
the full value to be paid for property taken
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.
Notice of accusation
Assistance of counsel
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 reexamined in any court of the United States than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
a punishment must not be so severe as to be degrading to the dignity of human beings
punishment must not be obviously inflicted in wholly arbitrary fashion
punishment can not be clearly and totally rejected throughout society
punishment not be patently unnecessary
Justice William Brennan Test
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
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.
Miranda v. Arizona