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Constitutional Amendment Presentation/Study Guide

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Michele Da Silva

on 6 December 2012

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Transcript of Constitutional Amendment Presentation/Study Guide

Constitution Amendments:
A Study Guide Bill Of
Rights: 1st 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. Controversy Rights to: Free Speech
Press
Assembly
Petition
Freedom of Religion
No State Religion Schenck v. United States New York Times Company v. United States Justice Oliver Wendell Holmes ruled that speech is to be limited in a case where there is a "clear and present danger" such as the famous "shouting fire in a crowded theatre." Todd v.
Rochester Community Schools Supreme Court ruled Slaughterhouse-Five could not banned from public schools in Michigan. "The students of Michigan are free to make of Slaughterhouse-Five what they will." Supreme Court ruled that the exposure of leaked, classified Vietnam War documents would not prolong or endanger the United States front in the war, thereby allowing the New York Times and the Washington Post to publish said documents 2nd Right To: Bear Arms Controversy 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 U.S. v. Cruikshank The court stated that the Bill of Rights only applied to the National government as a limitation. They also decided that the federal government could not deal with cases involving a person taking away another person’s constitutional rights. This was the state’s responsibility. Lewis v. U.S The Supreme Court ruled that a convicted felon must not be able to carry firearms even in Lewis’ case - Lewis claimed he had no trial at his earlier felony conviction - because the court ruled that any felony, even an allegedly invalid one, is subject to the prohibition of any type of firearm. District of Columbia v. Heller After a group of men challenged a controversial handgun law in Washington D.C., the Supreme court ruled that an individual has the right to own a gun not in a militia but for home defense for example. 3rd Not Included 4th 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. Protects Against: Unreasonable Search by police for incriminating evidence without a warrant issued by a judge except in the case of a clearly visible piece of evidence Controversy Dumbra v. U.S Defined probable cause as the circumstances causing a man to reasonably believe, using facts, that a crime had been committed. Katz v. U.S. The Supreme Court ruled that things which a person knowingly exposes it the public are not protected under the 4th amendment. Only if he/she seeks to preserve something as private will it be protected. 5th 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 offence 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. Requires/Allows: Evidence to be presented to Grand Jury before trail
Cannot be tried more than once for a single offense ("double jeopardy")
Armed Servicemen obey military law
Civilians may be tried under military law during times of war or disaster
An accused person has the right to not answer questions that would incriminate oneself in a criminal investigation Controversy Miranda v.
Arizona Ernesto Miranda was arrested for an $8.00 theft, and while in a two hour interrogation confessed to raping a woman several days earlier. The court ruled that because Miranda was not informed of his right to remain silent (self-incriminating clause), his confession should be thrown out. A second trial was granted for him and he was arrested for rape under different evidence. This case established the basic rights that an accused person must be informed of by law enforcement when he or she is arrested, now known as Miranda Rights. You have the right to remain silent.
Anything you say or do may be used against you in a court of law.
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.
If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present? United States v. Felix The defendant committed one crime, but was charged with both the crime and the conspiracy to commit the crime (a violation of two different laws). The Supreme Court declared that he could be tried for both, because he broke two separate laws and therefore two separate trials were necessary. 6th 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. Meaning:

Right to a relatively fast trial
Trail by impartial jury of your peers
Right of Habeas Corpus (to know of what crime you are accused)
Right To defend yourself in a court of law
Right To have the assistance of council if you so choose United States vs. Carll Supreme Court ruled that the defendant was improperly accused of forgery thereby skewing his ability to defend himself. He was tried for forgery but arraigned for fraud. Therefore, the court threw out his conviction on the grounds of his improper arraignment Controversy United States vs. Cruikshank Post Civil War, Democrats attacked and killed a hundred African Americans outside of a courthouse and were later tried and found guilty of their crimes. Tried in a federal court, however, the men later had their convictions thrown out by the Supreme Court because it was a case that was to be tried in a state court, which at the time did not have to adhere to the bill of rights. 7th not included 8th Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Therefore:
There shall be no unusually high bails in accordance to each crime committed
Punishments beyond the crime are unconstitutional
Controversy United States v.
Salerno Supreme Court ruled that the Bail Reform Act of 1984 (which allowed for federal courts to hold the accused before their trial if they felt that releasing them would be a threat to society) did not violate the 8th amendment. Furman v. Georgia Ruled that the death penalty was being handed out too easily and forced states to rewrite their laws on the death penalty and how it was given out. It put a lot of restrictions on the death penalty. 9th The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people Named Rights in the Constitution do not take away from the rights of the citizen that are unlisted Controversy Griswold v. Connecticut The law against women’s right to use and a vendor’s right to sell contraceptives was deemed unconstitutional by the Supreme Court. Lawrence v.
Texas The Supreme court declared unconstitutional a Texas law that prohibited sexual acts between same sex couples. They said that they must protect the right to privacy under the due process clause. 10th 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. Controversy Wickard v.
Filburn By using the Commerce Clause stated in Article I of the Constitution, the Supreme Court ruled that Congress could regulate wheat production on a family farm intended for personal use, giving more authority to the Commerce Clause than to the 10th Amendment Printz v. United States Congress cannot force states to conduct criminal background checks when a person purchases a gun because it makes the state use its own resources and violates the 10th Amendment. Pre/Post Civil War 11th The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. In other words: The Supreme Court presides over any case of a state against a state or a foreigner/ foreign country against the United States 12th The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate.

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.

The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. Whew!

That whole thing means that the president and vice president will be elected separately. This was a direct response to the Jefferson/Adams controversy when they tied for the Presidency. 13th

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation So, slavery and involuntary servitude is abolished, but also, Congress is able to enforce this amendment by any means necessary. This second section arises from the violent nature of racism after the conclusion of the civil war Controversy Dredd Scott v.
Sandford Concluded that people of African ancestry; whether free or slave, could never become “citizens” within the meaning of the constitution. Dredd Scott was considered property under the ruling of this case. Butler v.
Perry The Supreme Court rejected a challenge by a Florida man who had a man convicted and sent to jail for not putting his time into working on the road. The Supreme Court agreed that this had been involuntary servitude and released the man. 14th Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. The 14th Amendment provides a broad definition of citizenship (overruling the decision of Dred Scott v. Sanford) which includes anyone born or naturalized in the United States. Its Due Process Clause ensures that no citizen is deprived of his or her privileges or rights to life, liberty and property without a fair decision. Also, the amendment states that all citizens are under equal protection of the law. Other clauses of this amendment dealt with confederate officials after the Civil War. Controversy Elk v. Wilkins The Supreme Court held that the 14th Amendment does not include Native Americans who had not been “born subject to its jurisdiction”, or raised under allegiance to the United States. Brown v.
Board of Education of Topeka Based on the Equal Protection Clause, the court ordered racial desegregation of schools (overturned decision in Plessy v. Ferguson) McDonald v.
Chicago The court ruled that by use of the 14th Amendment’s Due Process Clause, the 2nd Amendment right to bear arms can be incorporated into all the states. 15th

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation. Protects:


Voting Rights of the Individual regardless of race. Congress can enforce this amendment with military action Controversy Guinn v.
United States Found the Grandfather Clause and Literacy tests unconstitutional. Huge step towards equal voting rights for African Americans and White Protestants 16th The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. Self Explanatory Controversy Brushaber v.
Union Pacific Railroad Affirmed that the 16th amendment was constitutional. 17th The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution Direct Election of Senators 18th not included 19th The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation. Self Explanatory Controversy Leser v.
Garnett The court upheld the validity of the 19th Amendment. 20th Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day. Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission. Reduces the "Lame Duck" period in which a President is still president, yet the new President elect has yet to be sworn in. Also prevents incumbent senators from pushing legislation after being voted out of office. 21st not included 22nd Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this article shall not apply to any person holding the office of President when this article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this article becomes operative from holding the office of President or acting as President during the remainder of such term. Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress. Sets a term limit of 2 terms or 8 years. Also sets 2 years as acting president to equal one full term 23rd
&
24th
not included 25th Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. The 25th Amendment states that in case of the removal of the president from his office or of his death or resignation, the vice president will become president. When there is a vacancy in the vice president spot, the president must nominate someone and the majority of Congress must approve him/her. If the president states in writing that he is temporarily unable to perform his duties, the vice president is to fill in for him. He may resume his duties when the vice president and/ or the executive department deem fit. Controversy Clinton v.
Jones The Supreme Court says that the amendment may be used to determine and temporary line of succession if the president is involved in civil or criminal proceedings. 26th
&
27th
not included Goodies Elastic Clause Gives Congress the power to make any necessary and proper laws which enable them to carry out their enumerated powers.
McCulloch v.
Maryland Chief Justice John Marshall concluded that the Constitution is not, and should not be treated as, a statute. The case established that the Constitution grants implied powers to Congress. Full Faith and Credit Every state must respect the public records and judicial decisions of other states.
Mills v.
Duryee Upheld Full Faith and Credit Clause shortly after ratification of the Constitution.
Advice
&
Consent The president shall seek the “advice” and obtain the “consent” from the senate before his nominations for the cabinet, ambassadors, and judges assume their positions.
Commerce Clause This clause is a listed power of the government in the Constitution (Article I, Section 8, Clause 3). It says that Congress has the power “to regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
Gibbons v. Ogden Cherokee Nation v. Georgia Supreme Court ruled that Congress’ power to regulate interstate commerce also extended to interstate navigation which is basically the ruling over problems between different state’s laws on commerce.
Here Congress used their power over Indian Tribes in deciding how much of a foreign state they really were and in turn diminished Indian rights greatly.
Establishment Clause Congress shall make no law respecting an establishment of religion Zorach v. Clauson Court ruled that a “release time” outside of school to go to religious class did not go against the Establishment Clause.
Engel v.
Vitale Ruled that official prayers were not allowed in public schools under the Establishment Clause. Supremacy
Clause The Constitution is the Supreme Law of the Land There is no higher law in the United States beyond the written word of the Constitution
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