The Bill of Rights and Constitutional Amendments

1st Amendment Freedom of Religion Congress shall not establish a religion Congress Shall not prohibit the Free Exercise of Religion Means there is no national religion Has been interpreted since 1961 as “Separation of Church and State” One of most common disputes in federal cases is how this should be applied

1st Amendment Freedom of Speech Was originally just spoken word Has been altered in recent years to include various forms of expression Now includes art, music and non-spoken expressions such as protests

1st Amendment Freedom of the Press Originally was printed word, now includes electronic media like TV, radio and Internet Freedom to Assemble Allows for peaceful assembly in public places, also for free association Right to Petition Allows to contact or request something of government officials

2nd Amendment 2 parts First says a well-regulated militia is necessary for securing a free state Then states that right to keep and bear arms shall not be infringed Has caused dispute on original intent and how right to bear arms should be interpreted

3rd Amendment Makes it illegal to quarter soldiers in private homes during peacetime, and only when prescribed by law during wartime Is the reason we have established military bases to house soldiers

4th Amendment Protects against unreasonable searches and seizures, and requires a search warrant, signed by a judge, in order to have a legal search

5th and 6th Amendments

7th Amendment Involves right to a jury trial in a civil case over $20 Does not require a jury trial, and the 2 sides may choose to have a judge instead Congress has altered this to now make it $75,000 for a jury trial

8th Amendment Makes excessive bail and cruel and unusual punishment illegal under the Constitution Punishment on bail must fit the crime, and Supreme Court has changed idea of cruel and unusual punishment over time Is most often applied with the Death Penalty and some Three Strikes laws

9th Amendment States that the Constitution does not enumerate all rights held by the people There are other unnamed rights that the people hold Some questions about this include a right to privacy and a right to life in recent years

10th Amendment Any powers not given to the national government are reserved to the states and the people Gives us the term “reserved powers” Includes state power over education, marriage and divorce

11th Amendment Removed a case where state is sued without its consent from federal court jurisdiction

12th Amendment Requires electors to vote separately for president and vice president, to avoid a similar problem to 1800 election. Also made the party system enshrined in the Constitution

13th Amendment Abolishes slavery in all states

14th Amendment Grants citizenship to all people born in the United States or naturalized here, bans denial of rights without due process of law, and bans states from denying equal protection under the law to any citizens.

15th Amendment Guarantees voting rights to African American males by outlawing denial of voting rights based on race, color or previous servitude

16th Amendment Permits Congress to levy an income tax

17th Amendment Provides for direct election of US Senators Had previously only been done by state legistatures

18th Amendment Prohibition Forbid the manufacture, sale and transportation of any liquor in the US

19th Amendment Guarantees voting rights to women

20th Amendment Shortened time between election and inauguration for President January 20th for presidential inauguration January 3rd as opening of new Congress

21st Amendment Repealed 18th Amendment Only amendment to ever repeal another amendment

22nd Amendment Limits president to 2 full terms in office Also limits total time in office to 10 years if a vice president serves out part of a president’s term.

23rd Amendment Granted voting rights in presidential election to residents of Washington DC Will get electoral votes equal to the smallest state

24th Amendment Forbids requiring a poll tax to be paid to vote in any federal elections

25th Amendment Changed and added succession rules Allows for choosing of new vice president to be approved by Congress when a VP ascends to the presidency Was first used in 1970s with Nixon and Ford

26th Amendment Extends voting rights to those ages 18-21

27th Amendment Bans Congress from increasing the salaries of its members until after the next election

Issues of State/Federal Conflict Several issues have come into conflict in recent years between state and federal government Education Abortion Gun laws Religion in schools, 10 Commandments in court Healthcare

Issues that have led to changes Some issues have changed over time, requiring amendments to the Constitution Slavery Voting Rights for different groups Equal Rights Amendment Rights of the Accused What other issues might come up in the future?