The Constitutional Amendments Formal vs. Informal Change Formal – ____________________________________________________________ Informal – ___________________________________________________________ ** The Amendments are formal changes. Ongoing Debate How to balance the rights of the individual with the needs of society. The Supreme Court is challenged with interpreting the meaning of the Constitution and its amendments through cases that come before it. Interpretation Strict Constructionist vs. Loose Constructionist ________________________ vs. _________________________ Types of Informal Change Basic Legislation , ________________________________, Executive Action, Executive Agreement, ______________________________, ______________________, Party Practices, Electoral College, _____________________, _____________________, _______________________ The Bill of Rights First ______________________ to the Constitution Limits the powers of government (originally intended to limit the Federal Government) Protects the ____________________________________________________________ First Amendment Freedoms of Religion, Speech, Press, Assembly, and Petition: Establishment and Free Exercise Clauses “Congress shall __________________________________, or prohibiting the free exercise thereof…” Other Types of Prohibited Speech 1. 2. 3. 4. 5. All speech should be responsible, or not endanger the safety of society Standard “The question in every case is whether the words used in such circumstances are of such nature as to create a ________________________________ that they will bring about the…evils that Congress has a right to prevent…” ---Justice Oliver Wendell Holmes Second Amendment : ________________________________________ Supports the rights of citizens to own firearms. States are free to regulate _________________________ Also, allows the States to __________________________________ Third Amendment : ______________________________________ Troops cannot be lodged in private homes during peacetime. Stems from another British practice before the Revolution. - This provision is of virtually no importance today. History Hero © Fourth Amendment Search and Seizure:- ________________________________________________. 1. 2. 3. Probable Cause _______________________________________________ A set of facts and/or circumstances that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed. Exclusionary Rule Reinforces the guarantees of the 4th Amendment – “gives it teeth” Evidence gained by the result of ____________________________________________ Reasoning: If the police know that evidence produced by an illegal search will be of no use to the prosecution, they will have no motive for violating the Constitution. Rights of the Accused The Supreme Court has had to maintain a delicate balance between ________________ _________________________________________________________ “Presumption of Innocence” Fifth Amendment: ___________________________________________________________________ Four Important Protections for those accused of crimes. 1. 2. 3. 4. *Also, defines government’s right of eminent domain (gov’t may take private property for a legitimate public purpose). Due Process The legal proceedings carried out according to established rules and principles. Prevents unfair / arbitrary acts 5th and 14th Amendments Sixth Amendment___________________________________________________________________ Additional protections include… 1. 2. 3. Seventh Amendment: _______________________________________________________________ - Involves matters concerning more than $20.00. Both parties may agree to trial by a Judge. Eighth Amendment: _________________________________________________________________ Bail, fines, and punishment cannot be unreasonable. Ninth Amendment: __________________________________________________________________ Powers reserved for the People: All other rights not spelled out in the Constitution are “retained by the people.” (protects all basic or natural rights not specifically noted in the Constitution) History Hero © Tenth Amendment: __________________________________________________________________ Powers not given to the National government or denied to the States by the Constitution belong to the States or to the people. Other Amendments The 27 Amendments can be divided into three groups.The first group includes the Bill of Rights and the Eleventh and Twelfth Amendments (1791 to 1804). Eleventh and Twelfth 11th – ___________________________________________________________. Chisholm v. Georgia – SC ruled against GA, but Congress immediately proposed the 11th Amendment in response. 12th – ___________________________________________________________ Civil War Amendments 13th, 14th, and 15th Amendments (1865 to 1870): 13th – __________________________________ 14th – __________________________________: Applied Due Process of Law to States Equal Protection Clause – __________________________________________________ __________________________________________________________________________ 15th – __________________________________________________________________ Later Amendments Deal with a range of topics that reflect the changes in modern American society (added in the 20th Century) 16th Amendment (1913): ______________________________________________________. 17th Amendment (1913): ______________________________________________________. 18th Amendment (1919): ______________________________________________________ 19th Amendment (1920): ______________________________________________________ 20th Amendment (1933): Terms of President, Vice President, and Congress – set new dates for Congress to begin its term and for the inauguration of the President and VP. (“Lame Duck”) 21st Amendment (1933): ______________________________________ 22nd Amendment (1951): Presidential Term Limits – __________________________________ 23rd Amendment (1961): ________________________________________________________ 24th Amendment (1964): _________________________________________________________ 25th Amendment (1967) : _________________________________________________________ 26th Amendment (1971): ________________________________________________________ 27th Amendment (1992):_________________________________________________________ History Hero © Name: _________________________________ Date: ____________________ Period: ______ The Amendments to the United States Constitution Instructions: Use the Constitution or your notes to locate the Amendment that corresponds with each description. Then, write the number of the Amendment in the appropriate slot on your paper. You will not use 3 or 11. No Amendment will be used twice. _____1. President and vice president are officially elected to separate ballots _____2. Women’s suffrage – sex/gender can’t be used as a voting requirement _____3. Prevents unreasonable searches and/or seizures _____4. Washington, DC gets at least 3 electoral votes in presidential elections _____5. Repealed the prohibition amendment _____6. Criminal defendants are given the right to a fair trial, an attorney, etc. _____7. U.S. Senators will be directly elected (instead of appointed by state legislatures) _____8. Prohibited the manufacture, sell, and transporting of alcoholic beverages _____9. Congressional pay changes will not go into effect until after the next elections _____10. Grants the expressionary freedoms of speech, press, religion, assembly, and petition _____11. Provides for filling the offices of president and vice president in case of emergency _____12. Prevents self-incrimination and double-jeopardy _____13. Provides for unenumerated rights for citizens (not ALL are listed in the Constitution) _____14. Presidents can only serve two elected terms or a maximum of ten years _____15. Allows states to have reserved powers _____16. Provides for the right to bear arms _____17. States cannot deny anyone the right to vote, due to age, if they are 18 or older _____18. Abolition of slavery – made slavery illegal _____19. Poll taxes are illegal in federal elections (cannot charge a fee for voting) _____20. Prevents excessive bail, fines, or cruel/unusual punishment _____21. Defines citizenship, includes the incorporation clause, & the equal protection clause _____22. Black suffrage – race can’t be used as a voting requirement _____23. Shortens the lame duck period for presidents and members of Congress _____24. Guarantees the right to a jury hearing in all civil lawsuits involving over $20.00 _____25. Allows a federal income tax History Hero © Answer Key Name: _________________________________ Date: ____________________ Period: ______ The Amendments to the United States Constitution Instructions: Using your notes or textbook, locate the Amendment that corresponds with each description. Then, write the number of the Amendment in the appropriate slot on your paper. You will not use 3 or 11. No Amendment will be used twice. _12_ __1. President and vice president are officially elected to separate ballots _19____2. Women’s suffrage – sex/gender can’t be used as a voting requirement _4____3. Prevents unreasonable searches and/or seizures _23___4. Washington, DC gets at least 3 electoral votes in presidential elections _21__5. Repealed the prohibition amendment __6___6. Criminal defendants are given the right to a fair trial, an attorney, etc. _17____7. U.S. Senators will be directly elected (instead of appointed by state legislatures) __18___8. Prohibited the manufacture, sell, and transporting of alcoholic beverages __27___9. Congressional pay changes will not go into effect until after the next elections __1___10. Grants the expressionary freedoms of speech, press, religion, assembly, and petition __25___11. Provides for filling the offices of president and vice president in case of emergency __5___12. Prevents self-incrimination and double-jeopardy __9___13. Provides for unenumerated rights for citizens (not ALL are listed in the Constitution) __22___14. Presidents can only serve two elected terms or a maximum of ten years __10___15. Allows states to have reserved powers ___2__16. Provides for the right to bear arms __26___17. States cannot deny anyone the right to vote, due to age, if they are 18 or older __13___18. Abolition of slavery – made slavery illegal __24___19. Poll taxes are illegal in federal elections (cannot charge a fee for voting) __8___20. Prevents excessive bail, fines, or cruel/unusual punishment __14___21. Defines citizenship, includes the incorporation clause, & the equal protection clause __15___22. Black suffrage – race can’t be used as a voting requirement _20____23. Shortens the lame duck period for presidents and members of Congress __7___24. Guarantees the right to a jury hearing in all civil lawsuits involving over $20.00 __16___25. Allows a federal income tax History Hero ©
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