#7 - Why is the Constitution so tricky sometimes? Article V Amending the Constitution Proposal Stage 2/3 Vote from Congress Or National Convention requested by 2/3 of the states Ratification Stage 3/4 of the state governments Or A Convention held in 3/4 of the states Amending the Constitution How many times ? Bill of Rights Amendment 1 Freedoms, Petitions, Assembly Amendment 2 Right to bear arms Amendment 3 Quartering of soldiers Amendment 4 Search and arrest Amendment 5 Rights in criminal cases Amendment 6 Right to a fair trial Amendment 7 Rights in civil cases Amendment 8 Bail, fines, punishment Amendment 9 Rights retained by the People Amendment 10 States' rights Later Amendments Amendment 11 Lawsuits against states Amendment 12 Presidential elections Amendment 13 Abolition of slavery Amendment 14 Civil rights Amendment 15 Black suffrage Amendment 16 Income taxes Amendment 17 Senatorial elections Amendment 18 Prohibition of liquor Amendment 19 Women's suffrage Amendment 20 Terms of office Amendment 21 Repeal of Prohibition Amendment 22 Term Limits for the Presidency Amendment 23 Washington, D.C., suffrage Amendment 24 Abolition of poll taxes Amendment 25 Presidential succession Amendment year-old suffrage Amendment 27 Congressional pay raises The Bill of Rights First time the Constitution Will be amended (1791) Fun Facts: Wednesday the 4 th of March, 1789 Finally ratified in 1791 Written in New York City Written by the Congress of the United States of America Proposed by Madison to end the conflicts between federalist and anti- federalists and help to ratify the Constitution Provided basic Human Rights not directly given in the Constitution First Amendment R A P P S T his is the amendment that makes America awesome! Religious & Political Freedom 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. Religion Assembly Press Petition Speech First Amendment In Texas v. Johnson, The Court found that burning the American flag was a form of political speech. Justice Brennan wrote ...is the bedrock principle underlying the First Amendment. Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable. Do you agree with the above statement ? Explain. Is Flag burning, in your opinion, free speech? If you were one of the judges on the Supreme Court, how would you decide the case? Second Amendment The Right to Bear Arms 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. Third Amendment Quartering Troops 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. Fourth Amendment Search and Seizure 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 of affirmation, and particularly describing the place to be searched and the person or things to be seized. 4 th Amendment Search & Seizures Protection against unreasonable search and seizures without proper warrants probable cause Standard used by Police to convince a magistrate that probable cause exists that a crime has been committed, in order to obtain a valid search warrant. Car Stops a valid stop, police can search the entire car, including sealed containers in the trunk. PLAIN VIEW DOCTRINE If the police see, they may seize it (if it is contraband) Search & Seizures in Schools TLO v New Jersey REASONABLE SUSPICION (Lower standard of probable cause, used in schools) when a reasonable person, with experience, from a combination of articulated facts, and that persons own experience feels that a degree if intrusion is warranted. SEVEN FACTORS OF REASONABLE SEARCH 1. What you hear5. History 2. What you see6. Environment 3. What you smell7. Ones reaction 4. What you feel Fifth Amendment Rights of the Accused No person shall be held to answer for any 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. Fifth Amendment Rights of the Accused and Protection of Citizens from the Govt. Double Jeopardy cannot be charged with a crime twice. Cant be forced to be a witness against yourself plead the 5 th There can be no Suspension of the Writ of Habaes Corpus (you shall have the body) - The writ is an order that a prisoner be brought to court to be told why he is being detained. (no guaranteed during times of rebellion or invasion Eminent domain: governments has the right to take private property for public use. Owners are paid a current market price Sixth Amendment Right to a Speedy & Public Trial 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 where in 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. Seventh Amendment Trial by Jury in Civil Cases 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 re-examined in any court of the United States, than according to the rules of the common law. This isnt right? Im left now Eighth Amendment Limits of Fines and Punishments Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Much better Eighth Amendment Limits of Fines and Punishments Excessive Bail or Punishment not allowed Ban on cruel and unusual punishment Death Penalty Is it Cruel and Unusual? Gregg v. Georgia (1976) argued cruel & unusual Court ruled in favor of penalty when defendant convicted of deliberately killing another Roper v. Simons (2005) minor receiving the death penalty was cruel and unusual punishment. Ninth Amendment Rights of the People The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people If they did list it, doesnt mean you dont have that right. Ninth Amendment Rights of People Rights not mentioned in Constitution belong to the people Do you have the right to privacy? Tenth Amendment Powers of the States and 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. # 7 - Matching #7 - Using your Constitution / Bill of Rights match the following terms with their amendment and describe their purpose. Example: Habeas Corpus Article 1, Section 9 Law which prevents the government from holding you without cause Terms Eminent Domain Probable Cause Unreasonable Search And Seizure Cruel and Unusual Punishment Double Jeopardy Quartering Act Speedy Trial