The United States Constitution

The Philadelphia Convention Met in 1786 to amend the Articles of Confederation and strengthen the central government of the United States 2

The Constitution Adopted 9/17/1787 Oldest constitution in use in the world today Amended 27 times, most recently in 1992 Designed to prevent despotism by creating checks and balances between the three branches of government (executive, legislative, and judicial) 3

Flexibility Article V: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

The Bill of Rights (1791) Introduced to the First Congress in 1789 by James Madison Madison and his supporters believed that certain rights needed to be better spelled out in order to prevent any chance of abuses

Amendment I “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Amendment II “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Amendment III “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

Amendment IV “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Amendment V No person shall be tried for a major crime without first being indicted by a Grand Jury (except in the military) No person shall be tried for the same offense twice (Double Jeopardy clause) No person shall be compelled in any criminal case to be a witness against himself (no self-incrimination) No person shall be deprived of life, liberty, or property, without due process of law Government may not take private property without fair compensation (eminent domain)

Amendment VI Right to a speedy and public trial Right to trial by an impartial jury Right to be tried locally Right to know what crimes you are being charged with Right to be confronted with the witnesses against you and to call your own witnesses Right to an attorney

Amendment VII “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

Amendment VIII “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

Amendment IX “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” In other words, just because a “right” does not appear in the Constitution, does not mean that “the people” do not have that right (such as the right to privacy, for example)

Amendment X “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” In other words, powers not expressly given to the federal government belong to the states

Amendment XI (1795) “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” Establishes “sovereign immunity” – citizens cannot sue a state in federal court for monetary damages, but may sue a state if the state is in violation of federal law

Amendment XII (1804) Changed the rules for electing the president and vice-president to a “party ticket” Old rules – whoever got the most votes for president won, whoever got the second most votes became vice-president!

Amendment XIII (1865) “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Amendment XIV (1868) All people born or naturalized in the United States are citizens Citizens may not be denied due process under the law Included several clauses addressing the Civil War (war debts, disallowing Confederates from holding public office, etc.) which are now invalid

Amendment XV (1870) “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”

Amendment XVI (1913) “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”

Amendment XVII (1913) Changed rules so that senators are now directly elected by the people, rather than by the state legislatures or appointed by the governor or legislature.

Amendment XVIII (1919) Outlawed the manufacture, transportation, or sale (but NOT the possession or consumption) of all alcoholic beverages (beer, liquor, and wine) anywhere in the United States

Amendment XIX (1920) “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” Women now allowed to vote in all elections in the United States.

Amendment XX (1933) Changed the inauguration of terms for elected officials from March to January Detailed chain of succession in the event of the president’s death Decreed that Congress must meet every year

Amendment XXI (1933) Repealed Amendment XVIII, making the manufacture, transportation, and sale of alcohol legal once again in the United States “Prohibition” had failed largely due to the rise of organized crime that accompanied the ban on alcohol

Amendment XXII (1951) No one may serve more than two full terms as president, nor more than 10 years total if they were vice-president and became president during a non-completed term.

Amendment XXIII (1961) Gave residents of Washington D.C. the right to vote in presidential elections by giving them electors in the electoral college (but still no representation in Congress)

Amendment XXIV (1964) Made poll taxes (fees charged to vote) illegal and banned states from preventing voters from participating in voting due to failure to pay taxes

Amendment XXV (1967) Details chain of succession in the event of the president’s death or disability Details the process for removing the president from power in the event of his disability Details the process for replacing the Vice-President in the event of his death or his assumption of the office of President

Amendment XXVI (1971) Changed the voting age from 21 to 18 throughout the United States Done in reaction to the Vietnam War, where 18-year-olds were dying in service to their country, but couldn’t vote!

Amendment XXVII (1992) Originally proposed in 1789, finally passed in 1992 Congress cannot give themselves a raise. They can give future Congresses a raise, but that raise can not take effect until after one full Congressional session has passed.