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Ch14

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  • 1. THE REMAINING AMENDMENTS AND A RETURN TO THE CONSTITUTION Chapter 14
  • 2. Introduction     The Constitution affects every American’s life There will continue to be constitutional cases, analysis and research The most well-known amendments have been discussed thus far There are four remaining amendments of the Bill of Rights that will be looked at in this chapter  3rd, 7th, 9th, and 10th
  • 3. The Remaining Amendments of the Bill of Rights  3rd Amendment   Prohibits housing soldiers in private homes during peacetime without the owner’s consent and during the wartime without legal process This amendment has never been subjected to Supreme Court review, it holds historical relevance and stands for the general principle that government is to leave people alone without compelling cause
  • 4. The Remaining Amendments of the Bill of Rights  7th Amendment  This amendment establishes the right to a federal jury trial for all suits at common law if the value is more than $20  Legal controversies arising out of civil law rather than criminal law   Extends the right to a jury trial to civil proceedings To determine whether this amendment is a right to a federal jury trial is bases on whether a suit involves legal issues similar to issues raised in cases for which federal jury trial were granted by common law
  • 5. The Remaining Amendments of the Bill of Rights  9th Amendment    Established that the rights of U.S. citizens extend beyond those listed in the Constitution This amendment is largely historical Rights not specifically listed in the Bill of Rights were known as unenumerated rights  Right to privacy, right to interstate and international travel, right to vote and freedom of association  The right to privacy has been referred to by the Supreme Court and has been used to infer such a right, but the 9th Amendment does not guarantee this right
  • 6. The Remaining Amendments of the Bill of Rights  G ris wo ld v. Co nne c tic ut (1965)    Considered to be the first case in which the Supreme Court addressed the 9th Amendment The 9th Amendment “shows a belief of the Constitution’s authors that fundamental rights exist that are not expressly enumerated in the first eight amendments and an intent that the lists of rights… not be exhaustive.” There are certain zones of privacy  Areas into which the government may not intrude
  • 7. The Remaining Amendments of the Bill of Rights  10th Amendment  This amendment embodies the principle of federalism A principle whereby power is shared by the national government and the states  The powers not delegated to the United States by the Constitution, nor prohibited by the States, are reserved to the States respectively, or to the people  Seeks to ensure to all people that the federal government will not get to powerful
  • 8. 10th Amendment  Delegated powers    Powers of the national government, both enumerated and implied by legal authority They were delegated or entrusted to the national government by the states and the people Reserve powers  Powers retained by the states  Primary reserve power is police power
  • 9. Amendments Beyond the Bill of Rights    Additional amendments have come and gone Proof that the Constitution possesses the ability to respond to America’s needs 11th Amendment (1795)   This amendment is the only one that deals with the judicial power of the federal government and is actually more an administrative directive It was introduced the day after the high court ruled that a citizen of one state had the right to sue another
  • 10. Amendments Beyond the Bill of Rights  13th Amendment (1865)    Abolished slavery This amendment overturned the Supreme Court’s Dred Scott decision Using an amendment to overturn a specific Supreme Court decision is rare, dramatic and a good illustration of the checks and balances in the U.S. government
  • 11. Amendments Beyond the Bill of Rights  14th Amendment (1868)     Due process Equal protection of the law The Supreme Court has chosen, through case law and common law, to selectively apply certain amendments to both federal and state governments through selective incorporation Selective incorporation- provision of the Bill of Rights are applied to the states through the due process clause
  • 12. Amendments Related to Election and Structure of Congress   Not all amendments and other portions of the Constitution deal directly with specific rights and liberties Seven amendments deal in detail with numerous matters related to how the federal government is to be structured and its officials elected
  • 13. Amendments Related to Election and Structure of Congress  12th Amendment (1804)   14th Amendment (1868)   Established the electoral system Established how representatives are apportioned and what their qualification are 17th Amendment (1913)  Describes how the U.S. Senate is to be composed, the qualifications required and how vacancies are to be filled
  • 14. Amendments Related to Election and Structure of Congress  20th Amendment (1933)   Established the term of the president and vicepresident end at noon on the 20th day of January, and the terms of senator and representatives end at noon on the 3rd day of January Also established how often Congress meets and the chain of succession if the president is no longer able to carry out the responsibilities of the office
  • 15. Amendments Related to Election and Structure of Congress  22nd Amendment (1951)   23rd Amendment (1961)   Restricted the term of presidency to two terms Gave representation to the district that constitutes the seat of government of the United States, that is to the District of Columbia 25th Amendment (1967)  Established procedures for filling vacancies and for actions to take should the president be unable to discharge the powers and duties of the office
  • 16. Amendments Related to Election and Structure of Congress  27th Amendment (1992)   To prevent Congress from setting its own salary because of the apparent conflict of interest Congress has continued to give itself cost-ofliving raises which has not been considered the same as an actual raise
  • 17. Voting Rights  15th Amendment (1870)    Required that the right to vote shall not be denied because of race, color or previous condition of servitude Black males were given to the right to vote 19th Amendment (1920)   Required that the right to vote should not be denied on account of sex Women get the right to vote 50 years after black males
  • 18. Voting Rights  24th Amendment (1964)   Requires that the right to vote should not be denied by reason of failure to pay any poll tax or other tax 26th Amendment (1971)  Lowered voting age, giving the vote to U.S. citizens 18 years of age and older
  • 19. Taxes  16th Amendment (1913)   Established the federal income tax Congress has the power to lay and collect taxes on incomes
  • 20. Prohibition  18th Amendment (1919)  Prohibited the sale and purchase of intoxicating liquors  Enforcement was seen as hopeless because it is not what the people wanted  21st Amendment (1933)  Repealing the 18th article of the amendment to the Constitution
  • 21. Attempts at Other Amendments      Various amendments have been proposed Congress has considered amendments prohibiting the burning of the American flag and amendments establishing victim’s rights 2003 a Senate subcommittee approved a proposal to amend the Constitution to guarantee rights to crime victims 2003 a proposal to prohibit gay marriages was talked about  This would deny rights to a group of people Overall, Congress is reluctant to make significant changes by adding amendments

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