 What are civil liberties?  What are libel and slander? › Why are they not protected by the 1 st Amendment?

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Presentation transcript:

 What are civil liberties?  What are libel and slander? › Why are they not protected by the 1 st Amendment?

 Do you think it is Constitutional to burn the U.S. flag?  Do you think it is constitutional that public school students should recite a formal prayer each day as a part of their education?

Proposed by: 2/3 of Congress Ratified by: ¾ of the states New Amendment added to the Constitution

 Introduced by James Madison in 1789 by the request of Anti-federalists  Came into effect in 1791 after ratified by ¾ of the states  AKA: the first 10 Amendments to the Constitution

 Freedom of Religion (No gov’t establishment of & free exercise)  Freedom of Assembly (to meet)  Freedom of the Press  Freedom to Petition the Government for redress of grievances  Freedom of Speech

 Right to bear arms  Right of States to maintain an armed militia for its own protection

 No quartering of troops in any house without the consent of the owner

 Right to be free of search and seizure You may only be search or arrested if the police have a warrant  Reinforced by the Exclusionary Rule developed by the Supreme Court, disallows any evidence obtained through a violation of the 4th amendment

 Cannot be tried for a serious federal crime without indictment from a Grand Jury  No double jeopardy (can’t be tried twice for the same crime)  Right to remain silent ( no self-incrimination )  Cannot be deprived of life, liberty or property without due process  Private property cannot be taken by government without just compensation (eminent domain)

 Right of the accused to a speedy and public trial before an impartial jury  Accused › must be informed of charges › have the right to cross-examine hostile witnesses › Right to require testimony of favorable witnesses ( subpoena ) › Right to be represented by an attorney at every stage of the criminal process

 Right to a trial by jury in civil cases in Federal court if the amount of money exceeds $20.  Right to a jury trial can be waived by both parties (bench trial—tried before a judge)

 Prohibits: › Excessive bail ($ you pay to have your freedom until your trial starts) › Excessive fines › Cruel & unusual punishment

 Unenumerated rights (rights that have not been written down yet)  The fact that many civil rights are stated in the Constitution does not mean that there are not others retained by the people.

 Powers reserved for the states  All powers the Constitution does not grant to the federal gov’t & not expressly forbidden to the States belong to the States and people of each State

1. What is the process for amending the U.S. Constitution? 2. What are the 5 rights protected by the first amendment? 3. What are the rights protected by the 4 th, 5 th and 6 th amendments called?

 States cannot be sued by another State or foreign country or by citizens of other States or by its own residents.  Repealed part of Article III section II of the Constitution

 Election of the President and Vice President  Changes part of Article II section 1  Each elector in the Electoral College casts two ballots now: one for President and one for Vice President. (Before, the person with the 2nd highest number of votes was elected Vice President)

 Why are the 4 th, 5 th & 6 th Amendments called “the rights of the accused”?  Why are the 13 th, 14 th & 15 th called “the Civil War Amendments”?

 Forbids slavery or involuntary servitude in the United States -except as punishment for a crime.

 Defines citizenship › Any person who is born or naturalized in the U.S. › You are a citizen in the state where you live.  No State shall deprive a U.S. Citizen of life, liberty or property, without due process of law. (5 th Amendment applies to the states)  No State shall deny to any person equal protection of the laws. › Removes the 3/5 clause from Article I Section II

 No one can be denied the right to vote because of race, color or “previous condition of servitude.”

 Creates federal Income Tax › Before this amendment, only the states could tax an individual’s income

 Women’s vote – Right to vote cannot be denied on the basis of sex.

 Senators elected by popular vote instead of by State legislatures  If vacancy occurs, governor must call a special election. › The governor may appoint a replacement for the remainder of the term if the state legislature authorizes that step.

 Prohibition of the production, possession, sale, distribution and importation of intoxicating liquors  Later repealed by the 21st amendment  Only amendment to be repealed

 No one may be denied the right to vote in any federal election for not paying any poll tax or other tax.

 Voting age reduced from 21 to 18 › A State may enact a lower age to vote.

 Changes date for start President’s/VP’s term to Jan 20 th  Moved start of Congress’ term to January 3 rd  Lame Duck Amendment

 Repeal of the 18th Amendment (End of Prohibition)

 Two term limit for President  If President succeeded to the Presidency in the last half of the previous presidency, maximum term limit 10 years.

 Added Presidential Electors for the District of Columbia –Washington D.C.  Maximum the same number of Electors for the least populous State (3)

 Provision for presidential succession  Provided for the replacement of the V.P. when there is a vacancy.  (President nominates, subject to majority vote of both Houses of Congress  President can make written declaration to Senate pro tem and Speaker of the House that he is incapacitated, temporarily relieved by Vice President until he delivers rescindment letter.

 Limits Congress’ control over its wages by delaying implementation of any increase until after the next regular Congressional election.