The U.S. Consti tuti on

What is a consti tuti on?A constitution is a document in which the laws, principles, organization and processes of a

government are established.

It outlines what power and authority the government has received from the people.

It also outlines the rights the people have that cannot be taken away.

It is a contract that said what he government can and cannot do.

The History of the Consti tuti on

Greece and RomeThe ideas found in our Constitution can be traced back to ancient Greece and Rome.

The ideas of selecting the leaders and making laws for themselves came from Ancient Greece.

Like the Ancient Greeks, the Ancient Romans believed in this form of government.

In Ancient Rome however, the government eventually became a dictatorship, ruled by one person.

Fear of this led the Founding Fathers to think carefully when writing the Constitution.

The EnglishThe Founding Fathers looked mostly toward the English when writing the Constitution.

The English Magna Carta, signed in 1215, limited the powers of King John and also guaranteed individual rights to the people.

The English Bill of Rights in 1689 defined the rights of the citizens and prevented the King from taking them away in most cases.

The EnlightenmentThe Enlightenment was the period of time

where reason began to be used as the primary way of thinking.

John Locke, an English Enlightenment thinker and writer, wrote Two Treatises on

Government.

In it he said that every person had the right to “life, liberty, and property.”

He also said that governments are an agreement between the ruler and the ruled

(the social contract).

Baron de Montesquieu, a French Enlightenment thinker and writer, suggested

that a government must be divided into different branches to keep anyone from

having too much power.

The American ColoniesThe early colonists in America took these ideas further.

The Mayflower Compact, formed by the Pilgrims who arrived at Plymouth, set up a system of self-government.

The Virginia House of Burgesses was set up by the Virginia Company to make the laws for their colony.

The American Revoluti onAs the American Colonies grew, they began

to believe the English Parliament (law-making branch) was not treating them fairly.

The Intolerable Acts were passed by the Parliament and threatened the rights of the

colonist.

These Acts caused the Colonies to form the First Continental Congress to discuss what to

do.

They asked the King to allow them the right to join the Parliament to make laws that

concerned them.

When they were denied, the Second Continental Congress wrote the Declaration of Independence, and the Revolutionary War

begun.

The Arti cles of Confederati on

Once the United States was born with the Declaration of Independence, a system of

government was needed.

The Articles of Confederation was the first written constitution of the United States.

It set up a one-house Congress, where each state had one vote.

There was no executive (President).

It could not collect taxes and it had no way to enforce its laws.

As time went on, representatives of the states agreed that the Articles were not strong

enough to govern the new nation effectively.

The Consti tuti onal Conventi on

In 1787, 12 of 13 states met in Philadelphia to discuss the problems that existed with The Articles of Confederation.

Members included, Washington, Franklin, Hamilton, and Madison were among the members.

The original plan was to change the Articles, but it was quickly decided that writing a new constitution would be necessary.

Washington was elected President of the Convention (not of the U.S…. Yet)

Everyone agreed that the new U.S. Constitution needed separation of powers between a legislative, an executive, and a judicial branch.

They also agreed that that power needed to be shared between the states and the new national government.

There were however issues over which delegates to the Convention disagreed.

The Virginia and New Jersey Plans

James Madison had an idea for the new government.

His plan for the government was called the Virginia Plan. It had three branches, and the legislative branch had two houses both with

representation based on population.

Smaller states disagreed with Madison’s Virginia Plan.

William Patterson proposed the New Jersey Plan in response. It would also have three branches, but the legislative branch would have one house

where every state received one vote.

This made all of the states equal in the legislative branch.

The Great Compromise (Connecti cut)

Roger Sherman of Connecticut helped to reach an agreement between big states and small states.

His Connecticut Compromise proposed a government with three branches, and a legislative branch with two houses. One would be based on population (for the big states), and the other

house would be equal with each state getting two votes.

This idea was agreed upon, and set up the way Congress works today.

We have a House of Representatives (based on population) and a Senate (each state gets two votes).

Another ProblemWith the problem of representation solved,

the delegates of the Constitutional Convention had another issue to deal with.

Some states wanted their slaves to be counted in their population when figuring out how many representatives each state

should get in the House of Representatives.

Northern states did not want slaves to be counted because they could not vote and

were not treated as people.

Southerners wanted them to be counted because it would give them more power in

the House.

It was agreed that 3/5’s of the slaves could be counted towards a state’s population in

what was called the Three-Fifths Compromise.

Rati fi cati on9 of 13 states were needed to

ratify (approve) the Constitution.

The Convention ended in September of 1787 and then the

states began to debate on whether or not to ratify it.

People who supported the Constitution were called

Federalists.

People were against ratifying the Constitution were called Anti-

Federalists.

The Federalist Papers were written by Hamilton, Madison, and John Jay to inform people why they should adopt the Constitution.

The 7 Principles of the Consti tuti on

Popular SovereigntyPopular Sovereignty means rule

by the people.

The people are the source of the government’s power and

authority.

The Constitution serves as a contract between the people and

the government.

The people choose representatives to handle the making of laws and decisions.

People are able to vote to express their will.

Limited GovernmentThe U.S. government only has powers that are granted to it by the people.

There are things the government cannot do, and they are listed in the Constitution.

The Bill of Rights was added to reassure that certain rights were protected no matter what.

Everyone from you to the president is subject to the law.

Separati on of PowersSeparation of Powers takes the power of the government and puts it in different branches:

The Legislative Branch makes the laws.

The Executive Branch enforces the laws.

The Judicial Branch interprets and explains the laws.

Checks and Balances

The government is divided into branches so that one

can not become too powerful.

There are also other measures in place to make sure the branches can have

some influence on what each other are doing.

This system is known as Checks and Balances.

FederalismFederalism divides power between

a national government and the several state governments.

The national government deals with national issues.

The state governments deal with more local issues.

The national (or federal) government has some powers, the

state government also has some powers. Some powers are shared

by both.

All states are treated equally and must treat each other equally.

The Constitution is also listed as the “Supreme Law of the Land.”

RepublicanismRepublicanism is the idea of having a republican form of government.

Instead of direct participation (everybody votes on laws), we have a republic, where we pick representatives to vote for us (Congress).

Individual RightsThe rights of the individual person are protected.

Examples are freedom of speech, freedom of religion, and the right to trial by jury.

The Preamble

We the People of the United States, in Order to form a more

perfect Union, establish Justice, insure domestic Tranquility,

provide for the common defence, promote the general

Welfare, and secure the Blessings of Liberty to ourselves and

our Posterity, do ordain and establish this Constitution for the

United States of America.

T h e P r e a m b l e

Arti cle 1: The Legislati ve Branch

The Legislati ve BranchArticle 1 of the U.S. Constitution lays out the legislative branch, the lawmaking branch of the

U.S. government.

Article 1 has 10 Sections outlining the rules, duties, and procedures of the Legislative Branch.

T h e L e g i s l a ti v e B r a n c h

Secti on 1The law-making power will be entrusted to the Congress.

The Congress is bicameral, made up of the House and the Senate.

Secti on 2Members of the House of Representatives are

chosen every two years.

Representatives must be:

• At least 25 years old

•A U.S. citizen for seven years

• Live in the state that he/she is wanting to

represent

• Our Representative is Aaron Shock.

Secti on 2 Conti nuedRepresentation in the House is based on population.

Every ten years a census is taken to determine population for representation. The 3/5’s Compromise no longer exists.

There can be no more representatives for each state than would allow for a ratio of 1:30,000.

There are only 435 seats in the House of Representatives, which has not changed since 1910.

If a representative dies or resigns, the governor of that state calls for a new election to fill the seat in the House.

The House elects officers to run things smoothly. The Speaker of the House is the leader of the House and the most powerful

member. The speaker is usually of the party that has control of the House.

The Speaker of the House today is John Boehner.

The House also is the group that can impeach federal officials.

Assumed office on January 5, 2011

T h e H o u s e o f R e p re s e n t a ti v e s

Secti on 3The Senate is the other house in the legislative

branch.

There are 2 senators from each state in the Senate.

Senators are elected for 6 years.

Each senator has one vote.

1/3 of the senators are elected every two years.

Senators must be:

• 30 years old

• A U.S. Citizen for 9 years

• Live in the state he/she is wanting to represent

Our Senators are Dick Durbin and Mark Kirk.S e n a t e

Secti on 3 Conti nuedThe Vice President of the United States is the

president of the Senate.

The Vice President only listens, he does not get to vote unless there is a tie.

The Senate chooses its officers. The President Pro Tempore acts as the President of the

Senate when the Vice President isn’t there.

Patrick Leahy is the current President Pro Tempore

The Senate acts as the jury in impeachment trials.

Anyone found guilty in an impeachment trial can only be removed and/or barred from

office. They can’t be punished with criminal charges unless they are tried in a normal

criminal court.

Secti on 4All members of Congress are

elected on the first Tuesday after the first Monday in November. This is known as Election Day.

Elections are held in even-numbered years.

Senators and Representatives are both elected by the people, but Senators were originally elected

by the state governments.

Congress meets on January 3, and meets for most of the year. They don’t work on weekends,

recesses, or vacations.

T h e D i ff e r e n c e s

Secti on 5Members of Congress can be denied their seat

if the rest of Congress doesn’t think they should be allowed to be in Congress.

Congress cannot start until quorum is present. This is more than half of the members being

present (50% + 1).

Members of Congress who misbehave can be expelled if 2/3’s of the members vote to do so.

Most of what is done in Congress is made public, but some can be made secret if they

vote to.

Congress cannot adjourn for more than three days unless both houses do so.

Both have to meet in the same city (Washington D.C.)

Secti on 6While Congress is in session, they can not be arrested except for treason or other serious crimes

when going to or from the chambers. As long as they are in the Capitol they can not be arrested.

Congressmen can say anything while in Congress without it being held against them.

Congressmen can’t work in other branches of the government while being Congressmen.

Congressmen are not eligible to quit and take jobs that they created while in office.

Congressmen cannot take jobs that they decided to pay more money to while they were in office.

Secti on 7

Any bills having to do with raising money or taxes start in the House.

Once a bill (a proposed law) has been approved by both the House and Senate, it

goes to the President.

The president can approve of the bill and sign it, making it a law.

If he does not approve it, it goes back to whichever house created it (Veto).

If both houses still want the bill to be a law, then 2/3 of both houses must approve.

I ’ m J u s t a B i l l

How a Bill Becomes a Law

Bill introduced in the House

A committee meets and makes

changes, proposes passage

Bill is voted on and passes House

Bill introduced in the Senate

A committee meets and makes

changes, proposes passage

Bill is voted on and passes

Senate

House and Senate agree on a single version

of the Bill.

Final vote in each house of

Congress

President signs bill, making it a

law.

M a k i n g a L a w

Secti on 7 Conti nuedThe President has 10 days (not including Sundays) to sign or veto a bill.

If he does nothing, the bill becomes a law.

If Congress adjourns during the ten days, the President doesn’t have to sign it, and it won’t become a law (Pocket Veto).

Secti on 8These are the expressly stated powers of Congress:

• To borrow money.• To regulate trade between other countries or

within the country.• To decide how immigrants become citizens.• Decide how bankruptcies are decided.

• Coin money.• Set standards for weights and measures.

• Punish counterfeiters.• Establish post offices.• Granting patents.

• Create courts lower than the Supreme Court.• Punish piracy.

• Declare war/Grant Letters of Marque• Raise and support armies for a period of 2 years.

• Maintain a navy.• Regulate the army and navy.

• Call the militia out to help keep the peace.• Train the militia.

• Makes all laws for Washington D.C.

Secti on 8- The Elasti c Clause

Congress has the power to make all laws which are

“necessary and proper” to run the government.

Congress can make laws to make sure their powers are

being exercised, or any other laws that the Constitution will

let them.

Because this can be “stretched” to fit many different types of situations, it is known as the

Elastic Clause.

Secti on 9Allowed for the banning of the slave trade in 1808.

Writs of habeas corpus cannot be suspended except during war or invasion.

Bills of attainder cannot be passed.

Ex post facto laws cannot be passed.

Taxes have to be the same for all people (except income tax, 16th Amendment).

Congress cannot tax exports.

Congress cannot favor one state over another.

Money spent by Congress is to be made public.

Titles of nobility cannot be granted by Congress, and anyone in office must have permission to receive one.

Secti on 10States cannot enter into treaties or alliances.

States cannot grant letters of marque.

States cannot coin money.

States cannot pass bills of attainders or ex post facto laws.

States cannot pass laws allowing people out of contracts.

States cannot grant titles of nobility.

States can’t tax exports or imports without the approval of Congress.

States can’t go to war on their own unless it’s an emergency.

Arti cle 2: The Executi ve Branch

Arti cle 2Article 2 of the Constitution sets up the Executive Branch.

This branch in in charge of enforcing the laws.

Article 2 has 4 sections, outlining the powers and responsibilities of the Executive Branch.

Currently the President of the United States is Barack Obama.

The Vice-President is Joe Biden.

T h e E x e c u ti v e B r a n c h

Secti on 1The executive power of the

United States is put into a President of the United States.

The President serves a four year

term along with the Vice-President of the United States.

The President is elected by electors in each state equal to the number of

representatives and senators in each.

The Electoral CollegeThe Electoral College has the duty of

choosing the President.

Electors are chosen on election day. These electors are pledged to a certain

candidate.

A person does not vote for president, but for an elector who promises to vote for the person you want to be president.

The electors meet in their state (and Washington D.C.) to give their votes.

The votes are counted in each state and sent to the President of the Senate (The

Vice-President of the U.S.)

The votes are counted and a winner is declared.

Being ElectedIn order to be President, a candidate needs 270 of 538 electoral votes.

Each state has an elector for each representative and senator they have.

Most states (except Maine and Nebraska) have a winner-take all format.

Washington D.C. also has 3 electoral votes.

Election day is every four years on the first Tuesday after the first Monday in November.

The Way It Used to Be…Originally the Constitution said that the candidate with the most electoral votes

(assuming a majority) would become President.

The runner-up would become Vice-President.

The 12th Amendment changed this procedure to allow the President and

Vice-President to run on a ticket and be elected separately.

Before this the President would get elected and the Vice-President (next in line) would be of the opposing party, setting up conflict between the two

most important people in the country.

Presidenti al Qualifi cati ons

In order to be the President:

You must be a natural-born citizen of the United States.

Be at least 35 years old.

Be a resident of the United States

for 14 years.

P r e s i d e n ti a l Q u a l i fi c a ti o n s

Presidenti al SuccessionIf the President were to die, be impeached, or could no longer carry on his duties, the Vice-

President becomes President.

If the Vice-President were to die, be impeached, or could no longer carry on his duties, the President appoints a new Vice-President.

Starting in 1947, the Presidential Succession Act set up an order for who becomes President in case something catastrophic were to happen.

The list goes:

1. Vice-President2. Speaker of the House

3. President Secretary of State4. Pro Tempore of the Senate

5. Secretary of Treasury6. Secretary of Defense

7. Attorney General

The list continues on.

SalariesThe President makes $400,000 a year.

He gets $50,000 for expenses, plus money for travel and official entertainment.

The Vice-President is paid $181,400 a year plus $10,000 for expenses.

In addition the President is given planes (Air Force One), cars, helicopters (Marine One), a home (The White House) as well as servants to help them.

The Oath of Offi ceIn order to become President, the candidate must recite the oath of office on Inauguration Day, which

is on January 20

The Oath is recited as follows:

“I , _________________________,

do solemnly swear that I will faithfully execute the office of

President of the United States, and will to the best of my ability, preserve, protect and defend the

Constitution of the United States…”

While not part of the actual Oath, all Presidents have also added “So

help me God” to the end.

Secti on 2Section 2 lists the powers of the President.

He is the commander-in-chief of the armed forces.

He can make treaties with other countries.

He can nominate and make appointments to federal positions.

He is in charge of enforcing the laws of the U.S. by meeting with department heads known as

the Cabinet.

The Cabinet includes the Vice-President and the Secretaries for the Departments of State,

Treasury, Defense, Justice, and 11 more.

The Cabinet follows the President’s instructions and gives him advice.

Notable Members of the Cabinet

Joe Biden

Vice-President

John Kerry

Secretary of State

Jacob Lew

Secretary of Treasury

Chuck Hagel

Secretary of Defense

Eric Holder

Attorney General

T h e C a b i n e t

Secti on 3Section 3 outlines the duties of the

President.

Once a year the President must report on the condition of the

United States in a speech called the “State of the Union.”

The President can call for Congress to meet or adjourn in special

occasions.

He also receives guests from other countries like foreign leaders or

ambassadors.

His most important job however is to make sure laws are carried out.

S e c ti o n 3L a w E n f o r c e m e n t 2 0 1 2 S t a t e o f t h e U n i o n

Secti on 4The President and Vice-President and other officials can be impeached.

The House accuses (impeaches) and the Senate tries (acts as the jury) the case.

If found guilty, the official can be removed or banned from office.

Arti cle 3- The Judicial Branch

The Judicial Branch

Article 3 of the Constitution sets up the Judicial Branch.

The Judicial Branch judges and interprets the laws and

the Constitution.

Article 3 has 3 sections that outline the duties and

responsibilities of the Judicial Branch.

Secti on 1Section 1 says that the judicial power of the United States is given to the Supreme Court.

Congress is given the power to create lesser courts as needed.

Supreme Court Justices cannot have their salary lowered while in office.

T h e S u p re m e C o ur t

To Be a Supreme Court Justi ce:

You must be:

*Appointed by the President

*Confirmed by the Senate

AND THAT’S IT!

After confirmation, the justices serve for life, until they die, retire, resign, or are removed

from office.

This was done so that they could focus on fairness and not on reelection.

Currently there are 9 Supreme Court Justices (judges), 1 Chief Justice and 8 Associate

Justices S u p r e m e C o u r t J u s tic e s

Chief Justi ceOne of the Supreme Court Justices serves as

the Chief Justice.

The other 8 are the Associate Justices.

The Chief Justice of the Supreme Court is John Roberts.

He is the senior member of the Court (not longest-serving) and leads discussion and

gets to speak first.

The Chief Justice administers the Oath of Office to the President on Inauguration Day.

He also presides over the impeachment trial of a President.

The Chief Justice writes a report to Congress about the state of the federal court system.

Powers of the Judicial Branch

The Judicial Branch has the power to hear all cases regarding:

Cases dealing with issues with the Constitution, federal laws, or treaties.

Cases involving diplomats and ambassadors.

Cases dealing with issues on waterways.

Cases in which the U.S. is one of the parties involved.

Cases between two or more states.

Cases between citizens of two different states.

Cases dealing with land rights.

Cases dealing with states and a foreign country, citizens of a state and a foreign country, or citizens of a state and citizens of a foreign country.

Secti on 2The Supreme Court has original jurisdiction

(hears the case first) in cases where:

*A state is one of the parties.

*Cases where ambassadors or some other public officials are involved.

Most of the time the Supreme Court has appellate jurisdiction. They listen to appeals

from lower federal courts.

Anyone accused of a crime has a right to trial by jury, except for impeachment.

Trials must be held in the state and district where the crime was committed.

District and Circuit CourtsThere are 12

regional circuits that have a total of 94 judicial districts.

Each district has a federal court. Any

appeals go to a court of appeals for that district.

Illinois is part of the 7th Circuit.

Peoria is part of the United States District Court for

the Central District of Illinois.

Secti on 3Treason is being disloyal or doing

something to hurt your own country.

To be convicted of treason, two

witnesses have to testify or there has to

be an open confession in court.

Anyone convicted of treason cannot be punished in a way that will affect the

family of the person who is convicted.

Judicial ReviewJudicial Review is the power to interpret the Constitution

to decide if something is constitutional.

Judicial Review was established in 1803 in a

court case known as Marbury v. Madison.

The Supreme Court had ruled that part of a law

called the Judiciary Act of 1789 was unconstitutional

and therefore invalid.

John Marshall, the 4th Chief Justice of the U.S., is

responsible for the idea of judicial review.

Landmark CasesMarbury v. Madison (1803)- Established Judicial Review

McCulloch v. Maryland (1819)- Made the federal government supreme over the state governments.

Plessy v. Ferguson (1896)- Ruled that “Separate but Equal” facilities for blacks and white were indeed constitutional.

Brown v. Board of Education (1954)- Ruled that segregation in schools is unconstitutional.

Miranda v. Arizona (1966)- Ruled that someone accused or suspected of a crime must be read their rights (Miranda Rights… “You have the right

to remain silent…”)

Roe v. Wade (1973)- Ruled that pregnant mothers have the right to an abortion until a fetus is viable.

Bush v. Gore (2000)- The Supreme Court did not allow Florida to recount its votes by hand, effectively giving the 2000 Presidential Election to

George W. Bush.

S u p r e m e C o ur t D e c i s i o n s

To d a y ’s S u p re m e C o u r t

Arti cles 4-7

Arti cle 4Article 4 has four sections.

Section 1 says that full faith and credit will be given to the records and judicial proceedings of every other state.

Section 2 says that citizens of one state must obey the rules of their state or any other state that they visit.

States can also assist each other in the capture of criminals and return them to where a crime was

committed (Extradition).

Section 3 discusses how states and federal lands are organized.

Section 4 ensures that all states will have a republican form of government where the people elect

representatives.

Section 4 also promises protection to the states in case of an invasion.

Admitti ng New StatesSection 3 discusses how new

sates are admitted to the Union.

New states are admitted to the Union by Congress.

States cannot be formed inside existing states.

States cannot be combined into one state unless both state

legislature as well as Congress approve.

Congress also sets up the territories that are to become

new states.

Arti cle 5Article 5 sets up the rules for amending (changing) the

Constitution.

An amendment to the Constitution requires a 2/3’s vote in each house of Congress.

2/3’s of the state legislatures can call for a convention for proposing amendments.

3/4’s of the state legislatures must ratify (approve) of a constitutional amendment.

Conventions for ratification can also be called and if so 3/4‘s of the conventions must ratify the amendment.

Once the amendment is ratified, it becomes part of the Constitution.

The only way to repeal (cancel) an amendment is with another amendment (ex. 21st Amendment).

Arti cle 6Article 6 ensures the supremacy of the national (federal) government.

The U.S. government agreed to pay the debts of the former government under the Articles of Confederation.

The laws of the Constitution are the “Supreme law of the land.” Whatever

the Constitution says has to be considered first before any other law

(federal or state).

All federal officials of all three branches take an oath to uphold the

Constitution.

Federal jobs cannot have any religious conditions attached to them.

Arti cle 7

Before the Constitution could be ratified, 9 of the original 13 states

had to ratify (approve) the Constitution.

New Hampshire was the 9th state to ratify the Constitution on June

21, 1788.

The Bill of Rights and the Amendments

AmendmentsAmendments are nothing more than changes that have been made to the

Constitution.

A constitutional amendment requires a 2/3’s vote in favor by both the House

and the Senate.

If passed, the amendment goes to the states where 3/4‘s of state legislatures

or state conventions must ratify the amendment for it to take effect.

There have been 27 amendments to the U.S. Constitution since its

ratification in 1788.

The first 10 Amendments are called the Bill of Rights.

The Bill of RightsThose who did not like the Constitution when it was

written were upset that the rights of the people were not

expressly written in the Constitution.

The first 10 amendments guarantee rights to the

people and to the states, and are thus known as the Bill of

Rights.

Some of the most important rights that U.S. citizens have

can be found in the Bill of Rights.

The 1st AmendmentThe 1st Amendment guarantees the civil rights of U.S. citizens.

No laws can be passed that establish an official religion of the U.S.

No one can be stopped from practicing their religion peacefully.

Freedom of speech cannot be denied except for in cases that ruin someone’s reputation or that could cause danger.

Slander is saying something to damage someone’s reputation.

Libel is printing something to damage someone’s reputation.

Freedom of the press allows the government to be criticized without fear.

Freedom of assembly means that people can meet to discuss issues.

Finally, U.S. citizens have the right to petition the government for grievances (correct a wrongful situation).

2nd and 3 rd AmendmentsThe 2nd Amendment protects the right to bear

arms in order to maintain a “well regulated militia.”

Some people think this allows all people to own all types of guns, but the courts have

ruled otherwise.

The framers of the Constitution intended for this amendment to allow for the defense of

the country and its people.

The 3rd Amendment protects citizens from being forced to quarter (house) troops in their

homes except during a wartime emergency.

This practice was used by the British during the Revolutionary War and angered the

colonists.

4th and 5 th AmendmentsThe 4th Amendment protects citizens against unlawful search and seizure of

their property.

This amendment protects privacy by forcing authorities to have probable cause to search someone’s property.

Search warrants are needed for a search and have to be specific as to what they are looking for.

The 5th Amendment protects citizens from being forced to testify against themselves in court. If someone is at risk of this, they can “Plead the Fifth.”

Citizens are protected from double jeopardy, or being tried for the same crime twice.

People cannot be imprisoned without due process, the process of protecting rights even as someone is being accused, such as a jury trial.

Lastly, the United States has limited eminent domain. People’s property cannot be taken without just reason and fair compensation (Highway

construction, public works, etc.).

6th and 7 th AmendmentsThe 6th Amendment ensures that people accused of a

crime are given a “fair and speedy trial.”

People have the right to hear their charges when accused.

Those accused have a right to be at the trial and be represented by a lawyer.

The trial itself must be a jury trial.

The 7th Amendment guarantees a jury trial in a case exceeding twenty dollars.

This means you are taken seriously in civil cases where someone is suing someone else where the object in

question is worth more than 20 dollars.

Contracts, accidents, slander, defamation, disability, etc. would all be civil cases.

8th, 9th, & 10 th AmendmentsThe 8th Amendment protects against cruel and unusual punishments

as well as excessive bail.

Bail and punishments have to fit the crime someone is convicted of.

Some people believe the death penalty is “cruel and unusual,” and question its constitutionality.

The 9th Amendment says that rights enumerated (listed) in the Bill of Rights are not the only ones that people have.

The 10th Amendment says that any powers not delegated (written in the Constitution) to the federal government or prohibited to the

States are reserved for the states.

In other words, if the federal government doesn’t handle something and the Constitution doesn’t stop states from doing it, the states are

allowed to handle it as they see fit.

11th and 12 th Amendments

The 11th Amendment says that states can’t be sued by citizens of another state.

The 12th Amendment changed the electoral college so that the President and Vice-President are elected on separate ballots.

This fixed the runner-up from another party being the Vice-President.

Amendments 13, 14, & 15

The 13th Amendment outlawed slavery in the United States.

The 14th Amendment gave citizenship to all people born or naturalized in the United States.

The 14th Amendment also dissolved the 3/5’s compromise and counted all people in a state when figuring representation for the House of Representatives.

The 14th was passed to ensure that the newly freed slaves would be considered citizens without any challenges from the South.

The 15th Amendment went further to help African Americans by ensuring that the right to vote would not be denied because of a person’s race (but not gender).

The 15th caused the South to pass laws like literacy tests, grandfather clauses, and poll taxes to try to stop African Americans from voting.

16th and 17 th Amendments

The 16th Amendment allowed for a federal income tax to be passed.

Income taxes became legal in 1913.

The 17th Amendment allowed the people to elect their senators instead of the state governments doing it.

Governors can make senate appointments if a senator dies in office.

All of the amendments from 16th on were passed in the 20th Century.

18th and 21st Amendments

The 18th Amendment outlawed the making, selling, and transportation of alcohol, making it illegal to own, produce, or drink.

The period of time where alcohol was illegal was called “Prohibition.”

The 21st Amendment provided repeal, or cancelled the 18th Amendment. The 18th is not in effect today.

19th and 20 th Amendments

The 19th Amendment ensured voting rights were not denied based on gender. In other words women could now vote.

The 20th Amendment shortened the amount of time between the November election and when new presidents or congressmen took office.

This was done so that the outgoing officials would have less time after losing an election to still be in office.

Congressional terms begin and end now in January.

Amendments 22, 23, & 24

The 22nd Amendment limited the President to two full terms.

This was done after FDR served 4 terms.

A president can serve a maximum of 10 years in office… he can finish someone’s term of two years or less, plus serve two full terms of his own.

The 23rd Amendment gave the people of Washington DC the ability to vote for President by giving 3 electors (3 electoral votes).

The 24th Amendment made sure that poll taxes were illegal. You don’t have to pay a tax in order to vote.

This was done in the 1960’s to discourage blacks from voting and was made illegal in 1964.

Amendments 25, 26, & 27

The 25th Amendment says that if the President can no longer carry on his duties, the Vice President becomes President because he is first in the line of succession.

The office of Vice President is left empty, and the new President appoints a new Vice President that is confirmed by the Senate. Gerald Ford was the first to be appointed in this way in 1973.

If the President is temporarily unable to carry out his duties, the President becomes Acting President.

If the President has a reason why he cannot effectively be President, his cabinet can vote to remove him temporarily until he is able to govern effectively again.

The 26th Amendment lowered the voting age to 18 years old.

The 27th Amendment made sure that a Congressman would have to be reelected in order to receive a pay raise that they voted for.