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The Amendment Files!!. Unit 2 Project U.S. Constitution. How are Amendments proposed & ratified. Proposed: 2/3 vote in each house of congress National convention at the urge of 2/3 of states Ratified: ratification by ¾ of all state legislatures

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The amendment files

The Amendment Files!!

Unit 2 Project

U.S. Constitution


How are amendments proposed ratified
How are Amendments proposed & ratified

  • Proposed:

    • 2/3 vote in each house of congress

    • National convention at the urge of 2/3 of states

      Ratified:

      ratification by ¾ of all state legislatures

      ratification by state wide convention where ¾ approve the amendments


1 st amendment
1st Amendment

  • Name: Freedom of Expression

  • Date: 1791

  • Historical significance: British did not always grant this right especially when colonials were protesting their unfair treatment

  • Need: to protect those inalienable rights

  • Parts:

    • Speech: right to talk and express opinions, up to certain limit

    • Press: right to express your opinion in a written format, newspaper

    • Religion: right to worship and practice whatever religion, some limits (free exercise clause, establishment clause)

    • Petition: right to protest or express your opposition to government or its agents, limits

    • Assembly: right to gather with others to protest or express opinions


1 st amendment cont
1st Amendment cont…

  • Limits:

    • Speech: dangerous speech (violent overthrow of govt., or speech which endangers lives of people ex. yelling fire in crowded movie theatre; Slander: To knowingly lie and damage someone’s reputation

    • Press: libel (written lies to damage reputation)

    • Religion: no torturing, human sacrifice or illegal use of drugs as part of religious rituals

    • Petition: protest must not put humans at harm. No call for arms

    • Assembly: not allowed to block progress, only on public property, permit required


2 nd amendment
2nd Amendment

  • Name: Bearing Arms

  • Date: 1791

  • Historical Significance: due to a trick By British on people of Boston, that if they gave up their weapons, British would back off and leave the people of Boston alone

  • Need: to be able to respond to emergencies & outside threat

  • Parts: people vs. militia, very controversial, either people or militia have the right to arm themselves for security purposes

  • Limits: no automatic or military style weapons, license & permits required

  • Brady Bill: requires background check, and a brief waiting period to discourage the purchase for wrong reasons


3 rd amendment
3rd Amendment

  • Name: Quartering of Troops (forgotten Am.)

  • Date: 1791

  • Significance: due to British invasion of homes, and soldiers staying and keeping close eye on colonials

  • Need: to let citizens be able to live in peace and have control over their homes

  • Parts: no soldier shall be allowed in your home in times of peace, and in times of war only allowed in with consent of Congress

  • Limits: allowed if invited, does not include enemy


4 th amendment
4th Amendment

  • Name: Searches & seizures

  • Date: 1791

  • Significance: due to some smuggling and not paying royal tax, British soldiers could invade home & search endlessly until they find something

  • Need: for all citizens to be left alone, and not stopped & searched w/out real reason

  • Parts: no illegal searches & seizures, all searches based on probable cause, warrant must be shown to search person or place

  • Limits: exigent circumstance (police chase), responding to call for help, Plain View


5 th amendment
5th Amendment

  • Name: Rights of Accused Person

  • Date: 1791

  • Significance: British mistreatment of colonials when blaming, arresting and finding guilty

  • Need: for a objective procedure that all law enforcement & justice system must follow

  • Parts:

    • No accusing of capital or infamous crime without presentment & indictment of Grand Jury (EXCEPT MILITARY OFFICERS)

    • No Double Jeopardy: accused of same crime twice (APPEALS ALLOWED)

    • Pleading 5th: not being a witness against yourself (DOUBLE EDGED SWORD)

    • No violation of due process: same steps for everyone (?)

    • Eminent Domain: no private property taken away, for public use without just compensation (must prove its benefits for entire community) (HISTORICAL LANDMARKS)


6 th amendment
6th Amendment

  • Name: Speedy Trial

  • Date: 1791

  • Significance: it stopped the unfair trials and procedures used in royal courts and colonies against any enemies (so called) of the king!

  • Need: Sets some objective standards in place for all involved in a trial to have to follow

  • Parts:

    • Speedy, public trial, unbiased jury, where crime committed (delay w/permission, closed to reporter if needed, change of venue)

    • Right to know nature & cause of accusation (writ of habeas corpus can be suspended)

    • Right to confront witnesses against you (hostile witness)

    • Right to present your own witnesses (friendly witness)

    • Right to lawyer (can be turned down and try self)


7 th amendment
7th Amendment

  • Name: Federal Civil Trials

  • Date: 1791

  • Significance: many times colonials were not given the right to sue members of government, or trial for any royal officials

  • Need: to be able to bring to justice anyone regardless of citizen or member of government

  • Parts:

    • Your right to sue someone on federal level (civil means for damages or wrongs done to you)

    • The amount of controversy $20 (1791) $1500 (today)

    • Right to have case decided by jury (bench trial)


8 th amendment
8th Amendment

  • Name: Bail & Punishment

  • Date: 1791

  • Significance: it was very normal under British rule to be tortured, to be denied bail, and get vey heavy fines if you were the enemy of the king

  • Need: framers felt the need for a fair justice system that treated each case on its own merits, and did not abuse its citizens

  • Parts:

    • No excessive bail (money needed to get of jail while awaiting your trial) limits: bail can be denied if flight risk, or could commit another crime

    • No excessive fines: fine must fit crime (except repeat offenders)

    • No cruel & unusual punishment: justice carried out w/out torture or abusive punishment or death penalty (no more hanging, stoning, burning, dissecting, gassing, electrocuting) today only lethal injection is allowed


9 th 10 th amendments
9th & 10th Amendments

  • Name: 9th (power reserved for the people)

  • Name: 10th (power reserved to the states)

  • Name together (safeguard amendments)

  • Date: 1791

  • Significance: the convention did not address every single right people should have & enjoy, also, since federalism was the system of govt. chosen, framers wanted to remind national govt. the reserved powers set aside only for the states

  • Need: to make sure national government over step the sovereignty of people & states

  • Parts:

    • 9th: the listing of certain rights does not mean they are the only rights, there are more and Nat. Govt. should be aware (laws & amendments)

    • 10th : states have certain powers under federalism that cannot be violated by Nat. Govt., if states don’t want it goes to the people first & not the Nat. Govt. (bills & amendments)


13 th 14 th 15 th amendments
13th, 14th, 15th Amendments

  • Name:

    • 13th: abolition of slavery (1865)

    • 14th: equal rights (1868)

    • 15th: the right to vote (1870)

    • Together: Civil War Amendments or Reconstruction Amendments

      Significance: The southern system of slavery & agriculture had created a morally and economically unjust system that many in U.S. felt had to go

      Need: to reflect countries values, and to be more fair economically in paying the labor force

      Parts:

      13th : no slavery or involuntary servitude (unless as punishment for crime seen appropriate by judge)

      14th: all people born in US or naturalized in US are considered American citizens (denaturalization, treason)

      15th: no discrimination in voting based on race (only for males, led to passage of poll tax, literacy test, grandfather clause)


19 th 26 th amendments
19th & 26th Amendments

  • Name:

    • 19th: woman’s suffrage (1920)

    • 26th: 18 year olds right to vote (1971)

      Significance: women had been fighting for this right since early 1800s as part of the abolition movement, they petitioned states, petitioned White Hose & national Congress, finally after WWI granted the right; 18 year olds were drafted and had to defend country @ 18, but could not vote, average coming dead from Vietnam (20), slogan old enough to die, old enough to vote, finally granted the right

      Need: very important to let half of the population to participate in government (Democracy), very important to let those defending the country they were important too

      Parts:

      19: no discrimination in voting based on gender (criminals, mentally ill, non-citizens, anyone under 21)

      26: no discrimination based on age (criminals, mentally ill, non-citizens)


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