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The Bill of Rights: Amendments I - X
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I. Layout A. Rights of the people (1, 2, 6, 7, 9)
B. Restraints on Gov’t (3, 4, 5, 8) C. Reserved Powers (10)
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II. Amendment I A. Religion 1. Establishment Clause
2. Free Exercise Clause B. Speech C. Press D. Peaceful Assembly E. Petition
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III. Amendment II A. Keep and Bear Arms
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IV. Amendment III A. No quartering of troops 1. Exception
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V. Amendment IV A. No warrant-less search or seizure
1. probable cause shown, legally 2. warrant must be specific a. Location b. Item searching for
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VI. Amendment V A. Grand Jury for capital crimes B. No double-jeopardy
C. No self-incrimination required D. Due Process E. Private Property rights 1. Eminent Domain
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VII. Amendment VI A. Speedy and public trial B. Impartial jury
1. jury of ‘peers’? C. Accused informed of charges D. Writ of Habeas Corpus E. Confronted by Witnesses F. Must have witnesses (if any) on their behalf G. Must have legal counsel
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VIII. Amendment VII A. Lawsuits for more than $20 may have jury decide
B. Unless allowed by law, jury verdicts are final outcome
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IX. Amendment VIII A. No excessive bail B. No excessive fines
C. No cruel or unusual punishment
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X. Amendment IX A. Listing these rights doesn’t exclude all others
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XI. Amendment X A. Power rests with States and/or People
1. if not delegated to U.S. gov’t 2. if not prohibited by Constitution
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XII. The Rest of the Amendments
A. Amendment XI 1. U.S. courts may not judge: a. Cases where a citizen of one state is challenging another state b. Cases where foreign citizens/subjects are challenging any state
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B. Amendment XII – electoral process
1. Superseded by 20th Amendment C. Amendment XIII - Abolition of slavery 1. except as punishment by law
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D. Amendment XIV 1. Citizenship 2. States may not deprive rights of citizenship or due process 3. States may not deprive protection of law 4. Representation in Congress will be reduced by the number of persons to whom the state denies representation 5. No public officials who have participated in insurrection or rebellion against the U.S.
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6. U.S. will not pay debts of rebels
7. Congress has power to enforce this E. Amendment XV 1. Right to vote not denied by race or color F. Amendment XVI – collection of income taxes
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G. Amendment XVII - direct election of senators
H. Amendment XVIII – Prohibition 1. repealed by 21st amendment I. Amendment XIX – women’s voting rights
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J. Amendment XX 1. Presidential and Congressional term start dates 2. Congress must meet at least 1x per yr. 3. If president elect cannot serve, VP will act as Pres until one can be elected; if neither can serve, Congress will select someone to fill in until new ones are elected 4. Congress can act as needed to fill vacancies in case of deaths
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K. Amendment XXI 1. repeal 18th amendment 2. laws of states and U.S. regarding importation of alcoholic beverages will remain L. Amendment XXII 1. President may not be elected to more than two terms 2. Anyone who has served more than two years remaining in a Presidential term may not be elected to more than one additional term
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M. Amendment XXIII 1. Washington D.C. may have its own electors for presidential elections as set by congress N. Amendment XXIV 1. No taxes for participation in Federal elections
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O. Amendment XXV – Pres. disability
1. If the president cannot serve the VP will become president 2. If there is a VP vacancy, the Pres. shall nominate a replacement 3. President may declare own inability to serve, in which case VP will serve until Pres. declares otherwise
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4. If VP and a majority of executive officers. declare Pres
4. If VP and a majority of executive officers declare Pres. unfit to serve, VP shall act as president until Pres and congress agree that he is fit P. Amendment XXVI – 18 yrs voting age Q. Amendment XXVII – Congressional Pay 1. no increases in salary or other compensation will take effect until the next election cycle
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“On every question of construction, [let us] carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.” - Thomas Jefferson
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