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The Amendments
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  1. The Amendments

  2. Court Cases • Landmark vs. Regime value • Landmark cases: substantially change the interpretation of existing law; set a precedent. • Regime value: the values of that political entity created by the Constitution; it forms the present American republic. • Cases with regime value may not be landmark, but they define the moral/ethical values of the Constitution.

  3. 1st Amendment • 5 basic liberties • R (Religion) • A (Assembly) • P (Petition) • P (Press) • S (Speech) • Can only be exercised with regard to the rights of all persons

  4. 1st Amendment • Religion • “Establishment Clause” • Protection of religious thought and practice • Separation of Church & State? • "... I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church & State."  -Thomas Jefferson 1807

  5. 1st Amendment • Assembly & Petition • Can lawfully assemble & address the government • Protects the right to join with others in meetings, political parties, interest groups… • Ability for the people to discuss public affairs and influence public policy.

  6. 1st Amendment • Speech & Press • Assures everyone the right to speak, publish, and express their views • Does not protect defamation • Slander, libel, taunts, sexual speech, threats

  7. 1st Amendment • New York Times v. Sullivan • 1964, Sullivan sued NY Times for defamation because of the ad stating that police in Alabama had arrested MLK Jr. 7 times. • Malice: created falsehood that is known to be untrue • Actual malice: with reckless disregard of whether speech was false or not

  8. 2nd Amendment • Right to Bear Arms • States have the right to maintain a militia • Private citizens cannot form a militia (unlawful assembly) • Fed./State governments regulate the possession and use of firearms • Each state has its own rules.

  9. 2nd Amendment • Arms in Virginia • “Open Carry” is the act of carrying a firearm in plain sight on your person while conducting your daily business. • Holding a gun in your hands (in public) is “brandishing” and is illegal. • All guns must be holstered/slung.

  10. 3rd Amendment • Quartering of Troops • Created to prevent the common British practice during the colonial period • One of the grievances in the Dec. of Ind. • Is of virtually no importance today

  11. 4th Amendment • Search & Seizure • Police have no general right to search for or seize evidence/persons. They must have a warrant (court order) obtained with probable cause • Exclusionary Rule of the Supreme Court • Evidence gained unlawfully cannot be used in court • Do not get confused with “eminent domain” (5th Amendment)

  12. 4th Amendment • Exceptions • “generalized warrantless search” • No individualized suspicion • National Treasury Employees Union v. Von Raab (1989) • Random drug testing is not a violation of IV Am. • Court found an exception to IV Am. For people in public employ that deal with drugs and/or carry firearms • Compelling state interest (issues of public safety) • Skinner v. Railway Labor Executives Association (1989) • Company can drug test after an accident • Federally regulated transportation (trains, planes)

  13. 4th Amendment • Exceptions (continued) • Consent • If you let the police search your stuff then it’s okay • Plain view • If they can see it, it’s in plain view • “probable cause”needed to confiscate • Open Fields • Even if private

  14. 4th Amendment • Exceptions (continued) • Public Schools can be searched (there is a limit) • Safford Unified School District v. Redding (1985) • school administration strip searched a 13 year old girl based only on another student claiming to have received drugs from her • Violation of 4th Amendment rights: • there was no probable cause that the drugs were in her underwear. • There was no apparent threat to the school.

  15. 5th Amendment (3 parts) • Criminal Proceedings • A grand jury indicts felonious crimes • Indictment: the formal accusation that a person has committed a crime. • Not applicable to military • Double Jeopardy • Cannot be tried for the same or similar crime twice. • Even new evidence doesn’t matter.

  16. 5th Amendment (3 parts) • Criminal Proceedings (continued) • Self incrimination • Witnesses cannot be forced to incriminate themselves • “I plead the 5th” • Miranda v. Arizona (1966) • Ernesto Miranda signed a confession, but it was inadmissible in court because he had not been warned of his rights. • Reading someone their rights (Miranda Rights).

  17. 5th Amendment • Due Process • This refers to federal due process • 14th Amendment deals with State due process •  No citizen may be denied his or her legal rights • Cannot deprive of life, liberty, or property without following the full course of the law. • Govt. cannot skip parts of trials, or deny citizens their rights protected by the Bill of Rights/Law

  18. 5th Amendment • Due Process (cont) •  Supreme court says it provides four protections: • procedural due process (in civil and criminal proceedings) • substantive due process • The government has to follow rules/established procedures in everything it does • a prohibition against vague laws • A vehicle for the incorporation of the Bill of Rights • Incorporation = apply to state and local governments

  19. 5th Amendment • Eminent Domain • The power to take private property for "public use.“ • 5th Amendment limits this power • Requires that "just compensation" be paid • Typically fair market value

  20. 6th Amendment • Criminal Prosecution • Speedy Trial • 4 Part Test: • Length of delay • Reason for delay • Waiving rights • Prejudice • Public Trial • Exception: when it might violate the defendant’s due process • Impartial Jury • You don’t get a jury when the crime would only get you up to 6 months in prison • Each side has the right to question the jurors for bias

  21. 6th Amendment • Criminal Prosecution (continued) • Notice of accusation • Must be told the nature and cause of their crime • Witnesses • Defendants have the right to question a witness against them • They also have the right to call their own witnesses • Assistance of Counsel • Have the right to a lawyer, either you can get one or the state will get you one from the public defender's office • Part of the Miranda rights

  22. 7th Amendment • Federal Civil Cases (very rare) • Guarantees a jury trial for these • Also, nothing the jury finds true can be reexamined • Diversity Jurisdiction: • Fed. Courts will take over the case when there is diversity of citizenship (State/National) • $20 in 1791? • It is understood as $75,000 today • Actual worth: • between $479 and $1.4mil

  23. 8th Amendment • Cruel and Unusual Punishment • No excessive bail or fines • 4 principles used to determine • Cannot be degrading to human dignity (torture) • Arbitrary punishment • Societal rejection of punishment type • No more hanging • Some states do not have death penalty • Patently (obviously) unnecessary

  24. 9th Amendment • Rights which are not stated cannot be denied • Born with more rights than can possibly be stated • Remember: the Federalists were worried that specifically stating rights (Bill of Rights) would allow the government to infringe on unstated rights

  25. 9th Amendment • Griswold v. Connecticut (1965) • The right to privacy • The case centered around an old Connecticut law that banned the use and sale of any kind of contraception. • Unenforced law, until Estelle Griswold opened an abortion clinic. • She was arrested and fined • Supreme court found the CT law unconstitutional on the grounds of “right to marital privacy.”

  26. 10th Amendment • Reserved Powers (from Chapter 4) • Principle of Federalism • Powers not expressed to the Federal Government or specifically denied to the States are reserved for the States. • Some debate over inherent/implied powers.

  27. 11th Amendment (1795) • The original Constitution (Article III Section 2) gave the Supreme Court jurisdiction over States when non-citizens brought actions against them. • Chisholm v. Georgia: Supreme Court said it had jurisdiction over states in this context. States were mad about this and passed the 11th Am. • Fed. Judiciary has no jurisdiction in these types of cases unless the States defer jurisdiction.

  28. 12th Amendment • Presidential Elections, changed Article II Section 1 (1804) • Originally, President was elected by the most electoral votes and the Vice President was the runner-up. • Caused major issues: Pres &VP from different parties, same number of votes between “running mates”… • Partisan politics ruined it.

  29. 12th Amendment • Presidential Elections (continued) • 12th Am. made Pres & VP a cooperative election • Electors vote for both individually. • Prevents animosity between the Pres & VP • Loser might not be too pleased with the results. • Prevents a possible coup d'état. • Terms of VP • To be the VP, one must be eligible to be the President.

  30. 13th Amendment • Reconstruction Amendment (1865) • Abolition of Slavery • Free vs. Unfree labor • Debt Servitude: providing labor to fulfill financial debt. • Involuntary Servitude: compulsory service or labor against his or her will • held by actual force, threats of force, or threats of legal coercion • Forced Labor: • threats of serious harm or physical restraint • Performing labor due to duress: schemes or plans (blackmail) • the abuse or threatened abuse of law or the legal process.

  31. 13th Amendment • Abolition of Slavery (continued) • Forced labor is allowable for punishment of a crime • Forcing community service for crimes • Stamping license plates • Must be informed of punishment by due process rights

  32. 14th Amendment • Reconstruction Amendment (1868) • Citizenship clause • Broadens the terms for citizenship, allowing African Americans to be citizens. • Due Process clause • Cannot deprive citizens of life, liberty, or property without due process (Job/Certification = property). • Citizens get the same Federal rights (Bill of Rights) at the State level.

  33. 14th Amendment • Removed 3/5ths compromise • Confederacy issues • Ensured that the Federal government would not pay the debts of rebellious states. • Legislators who participated on the Confederate side of the Civil War cannot hold office unless allowed by Congress (2/3 vote).

  34. 14th Amendment • Equal Protection clause • States must provide equal protection under the law to all people within its jurisdiction. • Basis for civil rights and anti-discrimination laws.

  35. 14th Amendment • Equal Protection clause (continued) • Plessy v. Ferguson (1896) & Brown v. Board of Education (1954) • Plessy: Supreme court ruled that it is not a violation of the 14th Am. if the State supplies “Separate but Equal” opportunities/facilities. Basis of segregation. • Brown: Supreme court ruled that segregation is harmful to black people and is therefore a violation of the 14th Am. It overturned the decision of Plessy.

  36. 14th Amendment • Equal Protection clause (continued) • The equal protection clause does not forbid policies which may lead to racial disparities. • Problem of unintentional disparity • Racial or social majorities score better on SOLs than some minorities.

  37. 14th Amendment • Equal Protection clause (continued) • However, Congress may create legislation (Acts) which prohibits such policies. • Congressional Acts have created a set of protected classes in the U.S. • Race, Color, Religion, Sex, National Origin - Civil Rights Act of 1964 • Age (40+) - Age Discrimination in Employment Act of 1967 • Disability - Americans with Disabilities Act of 1990 • Familial status/Pregnancy - Pregnancy Discrimination Act of 1978 • Veteran - Vietnam Era Veterans Readjustment Assist. Act of 1974 • Genetic info. - Genetic Information Nondiscrimination Act of 2008

  38. Civil Rights Act of 1964 • Not an Amendment, an Act of Congress • The enabling legislation of the 14th Am. (96yrs later) • Deals with both public and private sectors • Outlaws discrimination based on Race, Color, Religion, Sex or National Origin. • Jobs, hotels, restaurants, public facilities, schools…

  39. Civil Rights Act of 1964 • Title VII • prohibits discrimination by employers of protected classes • Exception: bona fide occupational qualification • Must prove that the protected class is ineligible • Example: prison guards hired based on sex. • What are not protected classes? • Some illnesses, visual appearance…

  40. Civil Rights Act of 1964 • Title VII (continued) • Sexual Harassment (U.S. EEOC) • Harassment of an employee based on sex (does not have to be sexual relations) • Quid Pro Quo: (a favor for a favor) actual proposition • Favor can be – “you won’t get fired if you…” • Hostile work environment • fear of going to work b/c offensive, intimidating, or oppressive atmosphere.  • Touching, leering, talking…

  41. Civil Rights Act of 1964 • Title VII (continued) • Sexual Harassment (continued) • Holman v. Indiana (2008) • Manager sexually harassed both a husband and wife • Court determined that it was not discrimination under title VII • Oncale v. Sundowner Offshore Services (1998) • Men belittled a male co-worker for “weaknesses.” • Court determined that sexual discrimination is possible between members of the same sex • Both the victim and harasser can be the same sex.

  42. 15th Amendment • Reconstruction Amendment (1870) • prohibits each government in the U.S. from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude.“ • States worked around thisby enacting poll taxes,literacy tests, etc… • The 24th Amendment & Parts of the Civil Rights Act of 1964 address this.

  43. 16th Amendment • Rewrites Constitution (1913) • U.S. Constitution Article I, Section 2, Clause 3 • direct taxes had to be apportioned among the states on the basis of population. • Gave government the right to an income tax without regard to the population of the States. • Direct taxes: based on simple ownership or existence. • Income tax, property tax… • Indirect taxes: based on a broad range of abstract ideas, including rights, privileges, and activities. • Gas tax, sales tax…

  44. 16th Amendment • History • Cost of the Civil War prompted the first American income tax in 1861. • 3% flat-tax on all incomes over $800; it ended in 1872 • In 1909 progressives in Congress tried to attach an income tax to a tariff bill. • Conservatives proposed a constitutional amendment to this tax; thinking it would never pass…HA!

  45. 17th Amendment • 1913: Shifted the choosing of Senators from the state legislatures to the people of those states. • Direct election by popular vote (versus?) • Rewrites Article 1, Section 3 • Why did it change? What about States’ Rights? • Question of buying and selling public offices. • Electoral deadlocks: sometimes the state legislatures couldn’t agree.

  46. 18th Amendment • 1919: Abolished the manufacture & sale of Alcohol. • History - Progressivism • Temperance movement (early 1800’s) • Believed alcohol consumption led to corruption, prostitution, spousal abuse and other criminal activities. • After the Civil War the enormous urban work force (IR) and extreme distress of antebellum contributed to an increase in saloons and alcohol consumption. • Called for moderation not abstinence.

  47. 18th Amendment • History (continued) • Prohibition • Several states had created anti-alcohol legislation, some were failures •  Prohibition Party (1869) &Woman's Christian Temperance Union (WCTU) (1873). • Remember: single issue parties and PACs. • WCTU pushed for youth education. • Prohibition Party still exists!

  48. 18th Amendment • History (continued) • Volstead Act – the enabling legislation for 18th Am. Designed to serve 3 purposes. • prohibit intoxicating beverages. • regulate the manufacture, sale, or transport of intoxicating liquor (but not consumption). • ensure an ample supply of alcohol and promote its use in scientific research and in lawful industry/practices. • How did that work out?

  49. 19th Amendment • 1920: Voting qualifications cannot be based on gender (gave women the right to vote). • Suffrage movement • Use of PACs to push for support at both the State and National levels.

  50. 19th Amendment • Suffrage movement (continued) • State Level: National American Woman Suffrage Association (1869) • Belief that gaining state-by-state support would force the federal government to pass the Amendment. • Federal Level: National Woman's Party (1917) • protested, distributed pamphlets, lobbied legislators. • Focused on the political party in power (Woodrow Wilson).