1. Constitution 1.Preamble 2.Articles 3.Amendments

2. Bill of Rights (1 st 10 amendments) 1 st : – Religion – Assembly – Press – Petition – Speech 2 nd: Bear arms 3 rd : no soldier in homes 4 th : Privacy 5 th : Due Process 6 th : Rights of the accused 7 th : Civil case Jury 8 th : No torture 9 th : Not written, still exists 10 th : Powers to the states

3. Two ways to amend the constitution National Congress Proposes -11,000 amendments have been proposed -27 have been ratified state demanded Convention Proposes States Vote 66% 75% Article 5

4. 5 th Amendment – National Gov’t cannot treat citizens unfairly

5. No Due Process

6. Due Process

7. 14 th Amendment Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. nor shall any State deprive any person of life, liberty, or property, without due process of law

8. – State Gov’t cannot treat citizens unfairly Hint: 14 was ratified in 1868 14 th Amendment

9. No Due Process

10. Due Process

12. Gideon v. Wainwright Between midnight and 8:00 a.m. on June 3, 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, Florida. Someone broke a door, smashed the cigarette machine and a record player, and stole money from a register. Later that day, a witness reported that he had seen Clarence Earl Gideon in the poolroom at around 5:30 that morning leaving with a wine bottle and money in his pockets. Based on this accusation alone, the police arrested him and charged him with breaking and entering with intent to commit petty larceny.

13. Gideon v. Wainwright Gideon appeared in court and was too poor to afford counsel, whereupon the following conversation took place: The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case. GIDEON: The United States Supreme Court says I am entitled to be represented by Counsel. Is the state treating Gideon fairly?

14. Gideon v. Wainwright Gideon was forced, therefore, to act as his own counsel and conduct a defense of himself in court, emphasizing his innocence in the case. Nevertheless, the jury returned a guilty verdict, sentencing him to serve five years in the state prison. From his prison cell at Florida State Prison, making use of the prison library and writing in pencil on prison stationery, Gideon appealed to the Supreme Court in a suit against the Secretary to the Florida Department of Corrections, H.G. Cochran (who later retired and was replaced with Louie L. Wainwright). He argued that he had been denied counsel and, therefore, his Sixth Amendment rights, as applied to the states by the Fourteenth Amendment, had been violated. nor shall any State deprive any person of life, liberty, or property, without due process of law 6 th amendment Liberty = right to a lawyer

15. Miranda v. Arizona At the center of the case was Ernesto Miranda, who had confessed to a crime during police questioning without knowing he had a right to have an attorney present. Based on his confession, Miranda was convicted. The Supreme Court overturned the conviction, ruling that criminal suspects must be warned of their rights before they are questioned by police. These rights are: the right to remain silent, to have an attorney present, and, if the suspect cannot afford an attorney, to have one appointed by the state. The police must also warn suspects that any statements they make can be used against them in court. Miranda was retried without the confession and convicted. 6 th amendment Liberty = right to a lawyer

16. Remember: – Government can take your rights away But it has to do so fairly (fair trial)

17. Remember: – Government cannot make unfair laws Laws that discriminate based on: – Skin Color – Gender – Age