The Amendments

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.
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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)
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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 ©