• DA 6.12 – Name the “Checks & Balances”
of the three branches of government.
• The Amendments – yes, you will be taking
a TON of notes!
Legislative Checks On:
The Executive Branch:
• Override a veto
• Confirm appointments
• Ratifies treaties
• Declare war
• Appropriates money
• Impeachment
The Judicial Branch:
• Creates lower federal
courts
• Impeachment
• Propose amendments
to overrule judicial
decisions
• Approves
appointments of
federal judges
Executive Checks On:
The Legislative Branch:
• Proposes laws
• Veto power
• Call special sessions
• Makes federal
appointments
• Negotiates foreign
treaties
Judicial Branch:
• Appoints federal
judges
• Grant pardons and
reprieves
Judicial Checks On:
The Legislative Branch:
• Declare acts of
Congress
unconstitutional
The Executive Branch:
• Declare executive
actions
unconstitutional
A Few Reminders
• The Bill of Rights (Amend. I – X) was a
concession to the Anti-federalists.
• Rights of the accused are Amend. IV – VIII.
• Civil War Amendments (XIII – XV)
• Voting Amendments (XIV, XV, XVII, XIX, XXVI)
• Amendment XXI is the only amendment to
repeal (kill or do away with) a previous one
(XVIII).
Amendment I (1791)
Basic Freedoms
• Freedom of
Religion
• Freedom of
Assembly
• Freedom of
Speech
• Freedom of
Petition
• Freedom of
Press
Basic Freedoms
• Which basic freedoms
do you see here?
Basic Freedoms
• When do your basic
freedoms end?
• Slander
• Libel
Amendment II (1791)
Weapons and Militia
• You (as a member of the militia) have the
right to keep and bear arms.
Amendment III (1791)
Housing Soldiers
• Private citizens are not forced to house
soldiers during times of peace.
• If it’s a time of war, a law may be passed
that would require you to turn your house
into Holiday Inn.
Amendment IV (1791)
Search and Seizure
• No unreasonable searches or seizures of
yourself, house, effects or papers.
• A search warrant listing the specifics of
who, why, where and what they are
searching for is a must before they look at
your stuff.
Amendment V (1791)
Rights of the Accused
• A person can not be tried for a crime punishable
by death (capital crime) or infamous crime
(punishable by time in the slammer) unless
charged by a grand jury (a panel of between 12
and 23 citizens who rule if there is enough
evidence to bring you to trial).
• A person can not be tried for the same crime
twice (Double Jeopardy, it’s not just a movie or
game show!)
Amendment V (1791)
Rights of the Accused
• A person can not be forced to testify against
him/herself – Pleading the 5th where you don’t
have to rat yourself out.
• You may not be deprived of life, liberty or
property except by lawful means (Due process).
• The government must compensate you for
property taken for public use (Eminent domain).
Amendment VI (1791)
Right to a Fair Trial
• A person accused of a crime has the right to:
– A speedy public trial by an impartial jury of their peers
– Information about the accusation (why they are on
trial)
– Help from the court in getting witnesses to testify
– The right to cross examine witnesses
– The aid of a lawyer if you can not afford one
• Your Maranda Rights read to you by an arresting
officer.
Amendment VII (1791)
Jury Trial in Civil Cases
• A civil case is a dispute between
individuals or groups involving over $20.
• People are suing one another over money,
property or personal injury.
• Can you say Larry H. Parker or Judge
Judy?
Amendment VIII (1791)
Excessive Punishment
• Bail and fines can not
be unreasonable.
• The punishment must
fit the crime.
Amendment IX (1791)
Powers Reserved to the People
• The basic rights of the people can not be
denied, even those not named in the
Constitution.
Amendment X (1791)
Powers Reserved to the States
• If it is not a power mentioned in the Constitution
belonging to the federal government, then the
right belongs to the states or to the people.
Amendment XI (1798)
Suits Against States
• The federal courts do not have the power
to hear suits (cases) brought against a
state by the citizens of another state or by
foreigners.
• These types of cases must be heard
(decided) in a state court (Original
jurisdiction).
Amendment XII (1804)
Election of President and Vice President
• The Electoral College casts separate
ballots for both the President and the Vice
President.
Amendment XIII (1865)
End of Slavery
• No more slavery!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Amendment XIV (1866)
Rights of Citizens
• All people born or naturalized in the United States are
citizens, and therefore no state may infringe on their
rights.
• If a state prevents certain citizens from voting, that
state’s representation in Congress maybe reduced.
• Officials who fought against the Union in the Civil War
can not hold public office after the war
• The US would pay the Union’s war debt, but not the
Confederacy’s nor would they pay any compensation
due to freeing the slaves.
Amendment XV (1870)
Voting Rights
• No citizen can be denied the right to vote
because of race or color or because he
was formerly a slave.
Amendment XVI (1913)
Income Tax
• Congress has the right to tax personal
income ( money earned at a job)
• April 15th :O(
Amendment XVII (1913)
Direct Election of Senators
• Originally the State legislatures elected the
senators of their state, now it is up to the
people.
• Any vacancies are to be filled at the
governor’s discretion. He/She may call for
an immediate vote or appoint someone to
fill the vacant seat until such a time as an
election can be held.
Amendment XVIII (1919)
Ban on Alcoholic Drinks
• It is illegal to make, transport and sell intoxicating
beverages.
• Prohibition or Temperance was a political-social
movement that personified what a small group of people
could do.
• To enforce the amendment, both Congress and the
states could make laws. Previously only Congress could
pass laws enforcing an amendment.
• Never before has Congress put a time limit on the
ratification of an amendment – something very new.
• Created a world of crime and corruption as well as a
creating a counter-culture society.
• “Chicago” Amendments
Amendment XIX (1920)
Women’s Suffrage
• Girl Power Baby!
• Now any woman over the age of 21 could
vote just like the big boys.
Amendment XX (1933)
Terms of Office
• Known as the Lame Duck Amendment.
• The President takes office at noon on January
20th
• Congress begins on January 3rd at 12:00 pm
sharp.
• Congress must meet en mass once a year.
Amendment XX (1933)
Terms of Office
• If the President-elect dies before taking office,
then the VP-elect becomes President. If both
kick the bucket or the VP-elect does not satisfy
the requirements for President, then Congress
gets to decide who will act as President.
Amendment XXI (1933)
End of Prohibition
• Declares the 18th Amendment null and
void.
• States can still pass laws controlling the
sale of liquor.
• Party on Wayne. Party on Garth. As they
say “You have to fight for your right to
party!”
Amendment XXII (1951)
Limit on Presidential Terms
• Limited a President to serving two terms or a
maximum of ten years if they came in as a VP.
• It was an unwritten rule started by Geo.
Washington that a president only serves two
terms.
• FDR was elected to four terms.
• Many feared that a President could grow too
strong if left to serve ad infinitum (forever).
Amendment XXIII (1961)
Presidential Votes for D.C.
• DC gets to have representation in
Congress just like “real” states.
• Representation is based on population,
and may not exceed that of the
representation of the least populated state.
Amendment XXIV (1964)
Ban on Poll Tax
• It is illegal to charge a tax in order to
register to vote.
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Amendment XXV (1967)
Presidential Succession
• If for some reason the Presidency
becomes vacant, the VP takes
over. If no VP then the Speaker of
the House; Pres. Pro Tempore; the
Cabinet; etc.
• If we have no VP, the President will
appoint someone with Congress’
approval.
Amendment XXV (1967)
Presidential Succession
• If the President can not do
his/her job for one reason or
another, other than death,
then they must submit in
writing a letter to Congress
and then the VP takes over
until they return.
Amendment XXV (1967)
Presidential Succession
• If the President is unable to evoke
section 3 and remove him/herself
from office because they are either
unconscious or wacko, the VP and
the Cabinet can make that decision.
If the President contests the
decision, then Congress must
decide by a two-thirds vote to
remove him/her from office.
• “Air Force I Amendment”
Amendment XXVI (1971)
Voting Age
• Anyone who is 18 years of age and a US
citizen has the right to vote.
Amendment XXVI (1971)
Voting Age
• Who does not have the right to vote?
Amendment XXVII (1992)
Compensation
• The salary of a member of Congress can
not change once a session has started.