Overview of the First, Second, Fourth, Fifth, and Sixth Amendments

1. Amendments Rachel Smiley (Green Slides) Victoria Thompson (Blue Slides) Monica Chen (Orange Slides) Erika Moxley (Purple Slides) Period 1

2. 1st Amendment Protects the Freedom of Religion by prohibiting the making of any law respecting a religion and/or that interferes with a person’s practicing. Protects the Freedom of Speech or an individual’s right to express himself or herself without inference of Government. Although this amendment has limitations by Supreme Court. The Supreme Court is allowed to prohibit free speech that may cause disruption of peace or violence. Protects the right to freedom of the press, which does not differ much from free speech. Freedom of the press allows one to express them selves through publication. Includes the right to assemble. This allows the people to gather for a peaceful and lawful purpose. If assemble turns into a riot or disturbs the peace, the government has the right to stop it. Allows the right to petition the government. This guarantees people the right to ask the Government to provide relief for a wrong through the courts

3. 1st Amendment Court Cases Schneck V. United States (1919) Schneck printed and distributed pamphlets during WW1 that encouraged young men to resist the draft. Government convicted him of violating the Espionage Act of 1917, in which, he argued that his actions were protected by the First Amendment. The Supreme Court founded him guilty because he posed a clear danger to the armed forces and enlistment and recruiting. Engel vs. Vitale (1962) New York Board of Regents composed a prayer that was required to be recited in public schools. Parents of 10 students argued it was contrary to their families’ beliefs and that it violated the separation between the church and the state and the establishment clause. The Supreme Court ruled in favor of the 10 parents, stating that the required recitation of prayer in public schools was in violation of to the establishment clause and that it favored religion.

4. 2nd Amendment Protects the rights to keep and bear arms Established to suppress rebellions, to protect the right to self-defense, and enable citizens to organize a militia. Created by the founders to guarantee Americans the right to protect themselves from an overly powerful national government.

5. 4th Amendment Requires that in order for a Government Official to search and individual’s home, business, papers, bank accounts, computer or other personal items, He or she must obtain a search warrant signed by proper authority, usually a judge. Protects from unreasonable search and seizures Protects the right to privacy Limits power of Government

6. 4th Amendment Court Case Mapp V. Ohio (1961) Cleveland police received a tip that a suspect in a bombing case was hiding out in the house of Dollree Mapp. The police forcefully entered and searched her home after Mapp requested for a warrant. They found no evidence of the suspect, but found pornographic materials. Mapp was placed under arrest, prosecuted and found guilty for having these materials. The Supreme Court overturned the conviction because they cannot use evidence found illegally to convict.

7. 5th Amendment Guarantees that Americans cannot be charged with serious federal crimes without an accusation by a Grand Jury. Includes the self-incriminating clause, which gives Americans the right to refuse to testify in court against themselves. Contains the Due Process Clause, which means that Government must obey written laws and follow written procedures that are clear for dealing with certain situations. Guarantees the right not to be tried or punished more than once for the same crime. Contains the Eminent Domain Clause that promises that if the Government takes your property for public use, such as building a highway, it must pay you a reasonable amount for the property.

8. 5th Amendment Court Case Miranda V. Arizona (1966) Ernesto Miranda was arrested for kidnapping and sexual assault. He signed a written confession without being told prior to questioning about protection against self-incrimination and his right to counsel. Court found him guilty based on the forced confession. When taken to the Supreme Court, they ruled in favor of Miranda because the convictions made without proper procedure may be overturned.

9. 6th Amendment In all criminal prosecutions the accused has the rights to a speedy and public trial by an impartial jury Trials will take place in the state and district in which the crime was committed In this trial the accused will; be informed of the nature and cause of the accusation, be confronted with witnesses against them, have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel in their defense.

10. 6th Amendment Court Case Gideon v. Wainwright (1963): Clarence Earl Gideon was charged with breaking and entering. He could not afford a lawyer and the court refused to appoint him an attorney so he was forced to defend himself. The court ruled that this violated the 6th amendment which guaranteed Gideon his right to a court appointed attorney

11. 6th Amendment Court Case Miranda v. Arizona (1966): Ernesto Miranda was arrested for kidnapping and sexual assaul. He was forced to write a written confession without being informed about his right to protection against self-incrimination and his right to counsel. The court found him guilty due to the written confession and convicted him for 20 years. Conviction was overturned 5 to 4 and Chief Justice Earl Warren statied that convictions made without proper procedure informing the accused may be overturned. Now, it is necessary to inform someone of their “Miranda Rights” before making an arrest.

12. 8th Amendment Prohibits federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment The US Supreme Court ruled that the Cruel and Unusual Punishment Clause (originated in the English Bill of Rights of 1689) applies to states.

13. 8th Amendment Court Cases Furman v. Georgia (1972): Furman was sentenced to death after accidentally shooting and killing a man while illegally breaking into a house. He believed the death penalty to be cruel and unusual punishment and therefor, unconstitutional. His sentence was was invalidated because existing death penalty legislation was not clear enough in defining what constitutes a death sentence. Gregg v. Georgia (1976): Gregg received the death penalty for both robbery and murder and believed this to be cruel and unusual punishment. Recently, new laws had been established which were made to ensure fairness and end discrimination in trials after the Furman v. Georgia case. The requirements for a death sentence were met and the death penalty was upheld.

14. 9th Amendment Addresses the rights of the people that are not specifically stated in the constitution

15. 10th Amendment Stated the Constitution’s principle of federalism by providing that powers not granted to the federal government by the constitution nor prohibited by the states are reserved to the states or people.

16. 12th Amendment Provides the procedure for electing the president and vice president Replaced Article II, Section 1, Clause 3, which provided the original procedure by which the Electoral College functioned

17. 13th Amendment : Abolition of Slavery (1865) Neither slavery nor involuntary servitude, except as a punishment for a crime, will exist within the United States, or in any place subject to the US jurisdiction

18. 14th Amendment Rights of Citizens (1868) No person was allowed to be deprived the civil liberties of life, liberty, or property without "due process of law." State and federal citizenship was granted to all persons, born or naturalized in the United States, regardless of race. No state would be allowed to abridge the privileges and immunities of citizens. No citizen could be denied equal protection of the laws.

19. 14th Amendment Court Cases: Plessy v. Ferguson: (1896) In Louisiana, the Separate Car Act required railroads to provide “equal but separate accommodations for the white and colored races.” In 1892, Homer Plessy sat in the “White” railroad car instead of the “Colored” Railroad car. Homer was only 1/8thblack, yet he was still arrested when he refused to give up his seat. Plessy went to Court and argued that the Separate Car Act violated the 13th(Abolition of Slavery) and 14th(Rights of Citizens) Amendments of the Constitution. Both the state of Louisiana and the Supreme Court found Plessy guilty. However, the Supreme Court agreed that segregation was unconstitutional and initiated the idea of “separate but equal” facilities for black and white people.

20. 14th Amendment Court Cases: Brown v. Topeka Board of Education: (Kansas 1954) Oliver Brown's tried to enroll his daughter in a white school close to their home but was rejected because his daughter was black. With the help of the NAACP, Brown pleaded his case and Supreme Court ruled it unconstitutional to segregate public schools. Nothing could make racially segregated schools equal under the constitution because segregation is always unequal. The verdict of Plessy v. Ferguson was overruled.

21. 14th Amendment Court Cases: Roe v. Wade: (1973) Jane Roe (Norma McCorvey) was denied the right to terminate her pregnancy under Texas Law that stated it is illegal to receive an abortion unless the mother's life is threatened. Roe claimed that the Texas abortion laws were unconstitutional and violated her right to personal privacy. Roe sued and Texas the Supreme Court ruled that a woman's right to an abortion fell within the right to privacy protected by the 14th Amendment. 46 states were affected by the Supreme Court's ruling.

22. 15th Amendment The Right to Vote (1870) suffrage for all citizens the decision for the right to vote was not to be left to the states despite this prohibition, African Americans and other minorities (Hispanics and Asians) were often denied the right to vote by such means as poll taxes, literacy tests and white primaries

23. 16th Amendment Income Tax (1913) 1895: Supreme Court ruled federal income tax unconstitutional Amendment 16 overcame this ruling, authorized and income tax that was levied on a direct basis

24. 19th Amendment Women's Suffrage (1920) extended all vote to all qualified women in federal and state elections landmark victory for women's suffrage movement

25. 20th Amendment “Lame Duck Amendment” 1933 • Has two main purposes: • shortens the time between the president and VP’s election and inauguration • ends “lame duck” session of congress • “Lame duck” period: session in December after new seats were selected, but old members were still in session • Establishes that if a president- elect dies before taking office, VP becomes president • If a candidate dies while an election is being decided by the House, Congress can pass legislation to decide

26. 22nd Amendment“Limit on Presidential Terms” (1951) • ensures that no president is considered “indispensable” • limits each term to 4 years, and each president to 2 two terms as president • anybody who succeeds the president and serves more than two years of their term may not be elected more than once more

27. 24th Amendment“Abolition of Poll Tax” (1964) • Poll Tax: fee that a person must pay to vote • popularity in most southern states at the time • Ended poll taxes as requirements in any presidential or congressional election • Harper v. Virginia Board of Elections (1966) In 1966, voters challenged the constitutionality of the poll tax in Virginia state elections. Supreme Court eliminated poll taxes unconstitutional based on the 14th amendment as well as the equal protection clause

28. 25th Amendment“President Disability and Succession” (1967) • Decides who will take the presidency if the president dies, resigns, or is removed from office • VP becomes president if president is unable to continue in office for however long he/she is needed • If there is a vacancy in the VP office, President must appoint a VP who will take office immediately after confirmation in a majority in congress • If president is unable to carry out his duties and does not inform Congress, the Cabinet/ Vice President must inform Congress

29. 26th Amendment“18- Year- Old Vote” (1971) • 18- Year- Olds are eligible to vote in all federal, state, and local elections • Before 1971, only 21- Year- Olds were allowed to vote in most states • Oregon v. Mitchell • In 1970, the Supreme Court ruled that states have the power to set their own age limits for state elections. Congress could regulate age in federal elections, but not state or local elections • 1971: passed 26th amendment, which allowed Congress to regulate age in all elections

30. Clauses Elastic Clause Article One, Section Eight Also known as the Necessary and Proper Clause Grants Congress the power to pass all laws necessary and proper for caring out the Powers given to the Government by the Constitution. The notion of implied powers can be stretched without breaking.

31. Clauses Supremacy Clause Article One, Section Two Treaties of the United States, the Constitution, and laws passed by Congress are the Supreme Law of the land. Court Case McCulloch V. Maryland (1810) James McCulloch refused to pay a tax put on any bank not directly charted by Maryland’s state congress. He was sued by the Maryland because the state believed it had the power to tax any business in its borders and that the Constitution does not give power to create a National Bank. When brought to the Supreme Court, the Court ruled that the government had the power to incorporate a national bank and that any provision taxing parts of the national government interfered with the execution of constitutional power.

32. Clauses Commerce Clause The United States congress has the power “to regulate commerce with foreign nations, among the several states, and with the Indian tribes.” These three areas of commerce tend to be discussed as a separate power granted to Congress. Specific terms: The Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Congressional use limited only to matters of trade and production

33. Clauses Commerce Clause (cont) Gibbons v. Ogden (1824): Ogden was granted the right to navigate the waters of New York and New Jersey by Livingston, who was originally granted the power to navigate New York. Gibbons on the other hand was given this right by the federal government and the two found themselves in competition. The court ruled in favor of Gibbons because the Commerce Clause states that commerce is to be regulated by a single authority to promote uniformity in interstate commerce

34. Clauses Full Faith and Credit Clause: provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States.

35. Clauses Advice and Consent Clause: This clause states that the President can exercise his/her power to enter into treaties with other countries only with the advice and consent of the Senate.

36. Clauses Establishment Clause • prohibits the national government from supporting or preferring any religion • outlaws declaring or financially supporting a specific religious group • allows the government to carry out the purpose of the Free Exercise clause by permitting them entry into religious domains to make accommodations • first clause of the first amendment • Court Case • Engel v. Vitale 1962- discussed freedom of religion within schools In a NY school, bible reading was part of the curriculum. Many parents were uncomfortable with the introduction of religion into their children's classrooms. Their case went to the Supreme Court, who ruled in favor of the parents. They came to the ruling that prayer in schools was in violation of the Establishment Clause.