amendments to constituiton

Quick Guide to the 27 Amendments

\n 2- Freedom of religion, speech, press, assembly, petition - the state shall not establish a religion and will allow citizens to practice whatever religion they like; the state will allow citizens to speak freely through the press, petition and assembly.

2- Right to bear arms - allows for state armies, personal gun ownership

3- Quartering of soldiers – prohibits the gov’t from forcing citizens to keep troops in their homes

4- Search and Seizure – known as the “privacy amendment;” outlaws unreasonable search and seizure; requires officials to have warrants

5- Life, Liberty, & Property / Due Process –

1. The federal gov’t cannot take away basic rights without due process as laid out in the law
2. No person can be tried for a crime punishable by death (capital) unless charged by a grand jury
3. No person can be tried for the same crime twice (double jeopardy)
4. No person can be forced to testify against his/herself (I plead the 5th!)
5. The federal government cannot take private property for public use unless a fair price is paid (eminent domain)
6. Criminal Proceedings – criminal cases guaranteed a jury trial that is fair, fast, unbiased and public; right to be present in court and face your accuser; right to have legal representation, private or state appointed, and witnesses
7. Civil Trials – right to a jury trial in civil cases
8. Punishment for Crimes  -protects against excessive bail and from being tortured in a way that is inhumane

IX. Rights of the People – known as the “etcetera” amendment; rights not stated in the Constitution belong to the people

10. Rights of the States - gives all powers not specifically listed in the Constitution to the states and its peoples
11. Suits Against the States - residents of one state cannot sue another state in federal court; nor can residents of other countries
12. Election of the President -

(a) Allows each party to nominate their team for president and vice president; President is elected separately from the VP in the Electoral College; before the person with the most votes became president and the second most would be VP- could end up with a tie in the electoral college or candidates from different parties

(b) Inhabitant clause suggests that the P & VP be from different states

(c)Electoral College clarification -  if no candidate gets the majority of votes, the House of Representatives selects the new president from the top three candidates; Each state gets one vote.

(d) extends the eligibility requirements to become president to the vice president

13. Abolition of Slavery - outlawed slavery except in prisons; servitude in jail is still allowed
14. Civil Rights in the States  -
15. extension of the 5th Amendment – due process and equal protection of citizens rights is now the responsibility of the local and state governments  too (not just federal) INCORPORATION
16. American CITIZENSHIP and constitutional rights to all people regardless of race, color, ethnicity, or religion
17. Black Suffrage – gave black men the right to vote

XVI. Income Tax  - gave Congress the power to implement an income tax in order to fund the gov’t

XVII. Direct Election of Senators  - used to be elected by state legislatures – now directly by people

18. Prohibition - outlaw producing, drinking, buying, selling of alcohol

19. Women’s Suffrage - women get the right to vote

20. “Lame Duck” Period - changed inauguration from March 4th to January 20th; reduce the time a president, in particular one who lost the election,  had between election and inauguration

21. Repeal Prohibition  - you can drink again- too many people opposed prohibition; allowed regulation and taxation

22. Presidential Term of Office  - limits term of president to two consecutive terms or 10 years; no limit before

23. Voting in D.C.  - people living in Washington D.C. get to vote in national elections; couldn’t before

24. Abolition of Poll Tax  - used to have to pay a tax to vote; not any more

25. Presidential Succession & Disability –

26. Defines line of succession if pres can’t perform duties: VP, House Speaker, President pro Tempore of the Senate, Secretary of State (continues down through the cabinet)

27. if a President cannot perform duties and his VP takes over, the VP may appoint his new VP, but Congress would have to approve by majority vote

28. allows the VP to temporarily take over the presidency if the President became ill or incapacitated

29. 18 to Vote  - voting age lowered from 21 to 18

30. Congressional Pay Raises  - changes in the salaries of senators and reps will not take effect until after the next election; originally a part of the 1789 Bill of Rights but was not ratified with the others – took 202 years to ratify

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The Framers did not include a time limit for ratification of the amendments

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Bill of Rights – First 10 Amendments

• Championed by the Anti federalists during ratification process

• Created to protect the people from the central government

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Amendment Themes:

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3nd, 4rd, 5th – work together to protect individual privacy

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2nd, 3rd, 4th – Grew out of the colonial struggle against the British

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5th, 6th, 7th, 8th – Rights of citizens accused of a crime

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9th & 10th – Deal with what the Constitution DOESN’T say; gives more power to individuals and states

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9th - Madison didn’t want to restrict rights of citizens to only those described in the Constitution

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5th & 14th - both deal with due process; 14th expands due process - holds states accountable

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13th, 14th, 15th,  – Civil War Reconstruction Amendments – passed to protect the rights of former slaves

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15th, 17th, 19th, 23rd, 24th, 26th - Suffrage Amendments - all serve to expand enfranchisement

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12th, 20th, 22nd, 25th - Presidential Amendments - change Article 2 of the Constitution

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18th & 21st - Alcohol Regulation

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16th & 24th - deal with taxation

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Since the adoption, there have been close to 13k resolutions calling for amendments to the Constitution, only 33 have been sent to the states for consideration and only 27 of them have been ratified.  There have only been 17 changes since 1791 when the Bill of Rights was adopted.

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