1. The Pathway to Limited Government

2.  The Bill of Rights are the first 10 amendments to the Constitution.  They were a concession to the Anti- Federalists to ensure the ratification of the Constitution.  They contain many of Americas most basic freedoms.

3.  Freedom of Religion  “Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof.”  What qualifies as a religion?

4. Freedom of Speech “Congress shall make no law abridging the freedom of speech.” What qualifies as free speech? TV? Radio? Movies? Must avoid slander or a person can be held libel for what they say.

5.  Freedom of the Press.  “Congress shall make no law abridging the freedom of the Press.”  Must be careful of slander and Libel.  Is not subject to prior restraint.  Does the Press have any responsibilities to the people?

6. The Right to Assembly “Congress shall make no law respecting the right of the people to peaceably assemble.” What is included? – Rallies, demonstrations, passing out leaflets, and marches. – Usually need a permit to assemble or march.

7.  The Right to criticize the government.  “Congress shall make no law respecting the right of the people to peaceably petition the government for a redress of grievances.”  We have the right to criticize gov’t officials and their actions.

8. The Right to bear arms. “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.” Does this mean any type of weapon? Are there any limitations that need to be applied?

9.  Prohibits the housing of government troops in private homes.  Congress may, though, override this, but only in times of War.

10. Protection against “unreasonable search & seizures”. Probable Cause – Police must have reasonable basis to link person or property to a crime. Search & Arrest Warrant – must be specific in what is being searched for or arrested for. – Has to be signed by a judge

11.  The Right to a Grand Jury  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.  Why is a Grand Jury important?

12.  Double Jeopardy.  No person shall be subject for the same offense to be twice put in jeopardy of life or limb.  What is the value of this liberty?

13.  Self Incrimination  No person shall be compelled in any criminal case to be a witness against himself.  The most frequently misrepresented part of the 5 th amendment by the general population & Hollywood.  Miranda vs Arizona, 1968

14.  Due Process Clause  No person shall be deprived of life, liberty, or property, without due process of law.  This provides that the gov’t can not throw you in jail or confiscate your property without following set procedure.  This includes throwing you in jail or gaining a confession.

15.  Eminent Domain.  Nor shall private property be taken for public use, without just compensation.  The government can not take your land without giving you fair market value for it.

16.  Rights of the Accused.  Right to a speedy & public jury trial in the local community where crime took place.  Right to be informed of their crime at the time of arrest.  The right to face their accusers as well as find witness to help in their defense.  The right to a lawyer

17.  The Right to trial in certain civil cases.  In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.Suitscommon lawvalue in controversydollars  The right to have your “Day in Court.”

18.  No Excessive bail or Cruel & unusual punishment.  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Excessive bailcruel and unusual punishments  Is the death penalty cruel & unusual punishment?

19.  Enumeration Clause  “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”  Protects the people from gov’t intrusion on rights not listed in the previous 8 amendments.  Allowed for individual rights that had not been thought of yet, like flying in a plane.

20.  States Rights  “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.”  States have rights to make their owns laws.

21.  Established each states sovereignty immunity.  States that the Supreme Court has the right to hear cases "between a state and citizens of another state."  Defined Article III, Sect. 2.

22.  Required the Electoral College to vote for a President & Vice President vs. two Presidents.  Established after the election of 1800.  Has been a part of every Presidential election since 1804

23.  Part of the “Civil War Amendments  Outlawed Slavery in the United States & its territories.  Last case involving the 13 th Amendment was in 1947.

24.  Established citizenship as anyone born here or naturalized, including blacks – freed and former slaves, to equal rights.  Due Process Clause (5 th Amend) was extended to state & local gov’t.  Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction.jurisdiction  Another of the “Civil War” Amendments.

25.  Last of the “Civil War” Amendments.  Gives all non-whites the right to vote.  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

26.  Established the Federal Income Tax Law.  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.

27.  Established the direct election of US Senators by popular vote.  Made election of all of a states members of Congress chosen by popular vote.  The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.

28.  The Townsend Act established Prohibition.  “The manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.”

29.  Women’s Suffrage.  Women are given the right to vote.  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.

30.  Lame Duck Amendment.  Set the ending and beginning date for Presidential service at 12 noon on January 20th.  Stated that Congress shall meet each year beginning on January 3 rd.

31.  Repeal of Prohibition.  The consumption, purchase,& delivery of intoxicating liquors is no longer prohibited.  The Temperance Movement in America is over.

32.  Set term limits for the President.  Established that a person can serve only 2 four year terms or a maximum of 10 years.  Added to the Constitution because of Franklin Roosevelt’s being elected 4 times.

33.  The District of Columbia gets representation in the Electoral College.  The District of Columbia is allowed 3 voting members in the Electoral College.

34.  Eliminates election poll tax.  The right of citizens of the United States to vote in any primary or other election shall not be denied by reason of failure to pay any poll tax.  Primarily in southern states to limit blacks from participating in elections.

35.  Defines the Presidential Succession.  Vice President, Speaker of the house, President Pro temp, etc  Also defines how the Exec. Office is to respond to Presidential disabilities.

36.  Reduced the voting age from 21 to 18.  Created in response to the Vietnam war.  18 year olds were drafted to go fight & die, but didn’t have the right to vote.

37.  Change in Congressional salary effects.  Salary increases for Congress wont take effect until after the next Congressional Election.  Was first introduced in 1789, but not ratified until 1992.