The chapter discusses the remaining amendments in the Bill of Rights (3rd, 7th, 9th, 10th) and their impacts. It also covers other amendments related to governmental structure, elections, civil rights and liberties. Key points include how the 3rd Amendment places limits on quartering soldiers, the 7th guarantees jury trials in civil cases, and the 10th embodies the concept of federalism and reserved powers of states.

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© 2015 Cengage Learning
Prepared by Tony Wolusky, J.D. , Metropolitan State University of Denver
Chapter 13
The Remaining
Amendments and a
Return to the
Constution

2. © 2015 Cengage Learning
 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.
o 3rd
, 7th
, 9th
, and 10th

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 3rd
Amendment
o Prohibits housing soldiers in private homes
during peacetime without the owner’s consent
and during the wartime without legal process.
o 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.

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 7th
Amendment
o 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.
o Extends the right to a jury trial to civil proceedings.
o To determine whether this amendment is a right to a
federal jury trial is based on whether a suit involves
legal issues similar to issues raised in cases for which
federal jury trial were granted by common law.

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 9th
Amendment
o Established that the rights of U.S. citizens extend
beyond those listed in the Constitution.
o This amendment is largely historical.
o 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.

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 Facts: Connecticut law prohibited the use of contraceptives.
 Issues: Does the Constitution protect the right of marital
privacy against state restrictions on a couple's ability to be
counseled in the use of contraceptives?
 Holding: Yes.
 Rationale: Considered to be the first case in which the
Supreme Court addressed the 9th
Amendment, which “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 into which the government may not
intrude.

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 10th
Amendment
o 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 too powerful.

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 Delegated powers
o Powers of the national government, both enumerated
and implied by legal authority.
o They were delegated or entrusted to the national
government by the states and the people.
 Reserve powers
o Powers retained by the states.
• Primary reserve power is police power.

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 Issues: Does Congress have the power to
incorporate a bank and does the State of
Maryland have the power to tax it?
 Holding: Congress has power under the
Constitution to incorporate a bank pursuant to the
Necessary and Proper clause (Article I, section 8).
o The State of Maryland does not have the power to tax
an institution created by Congress pursuant to its
powers under the Constitution.

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 Facts: The Gun-Free School Zones Act of 1990 (GFSZA) made it
unlawful for any individual knowingly to possess a firearm at a
place that he knew or had reasonable cause to believe was a
school zone. Alfonso Lopez, Jr. (D), a 12th-grade student, carried
a concealed and loaded handgun into his high school and was
arrested.
 Issues: Does the GFSZA exceed Congress’ authority under the
Commerce Clause?
 Holding: The Supreme Court struck down the GFSZA.
 Rationale: The possession of a gun in a local school zone is in
no sense an economic activity that might, through repetition
elsewhere, have a substantial effect on interstate commerce.

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 Facts: The Brady Handgun Violence Prevention Act (Brady Bill)
required "local chief law enforcement officers" (CLEOs) to
perform background-checks on prospective handgun
purchasers.
 Issues: Using the Necessary and Proper Clause of Article I as
justification, can Congress temporarily require state CLEOs to
regulate handgun purchases by performing those duties called
for by the Brady Bill's handgun applicant background-checks?
 Holding: Supreme Court ruled that the federal government
was not empowered to require state or local law enforcement
agencies to run background checks on prospective gun buyers.
 Rationale: According to the Court, the background check
provision violated the principle of separate state sovereignty.

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 Additional amendments have come and gone.
 Proof that the Constitution possesses the ability to
respond to America’s needs.
 11th
Amendment (1795)
o This amendment is the only one that deals with the
judicial power of the federal government and is actually
more an administrative directive.
o It was introduced the day after the high court ruled that
a citizen of one state had the right to sue another.

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 Facts: Dred Scott was a slave in Missouri. From 1833 to 1843, he
resided in Illinois (a free state) and in an area of the Louisiana
Territory, where slavery was forbidden by the Missouri Compromise
of 1820. After returning to Missouri, Scott sued unsuccessfully in
the Missouri courts for his freedom, claiming that his residence in
free territory made him a free man.
 Issues: Was Dred Scott free or slave?
 Holding: He was a slave.
 Rationale: Under Articles III and IV, the Court ruled no one but a
citizen of the United States could be a citizen of a state, and that
only Congress could confer national citizenship. Taney reached the
conclusion that no person descended from an American slave had
ever been a citizen for Article III purposes.

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 13th
Amendment (1865)
o Abolished slavery.
o This amendment overturned the Supreme Court’s Dred
Scott decision.
o 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.

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 14th
Amendment (1868)
o Due process.
o Equal protection of the law.
o 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.

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 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.

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 12th
Amendment (1804)
o Established the electoral system.
 14th
Amendment (1868)
o Established how representatives are apportioned and
what their qualification are.
 17th
Amendment (1913)
o Describes how the U.S. Senate is to be composed, the
qualifications required, and how vacancies are to be
filled.

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 Facts: The Florida Supreme Court ordered hand counting of
contested ballots in Miami-Dade County during the 2000
Presidential Election. Then-Governor Bush requested a stay of
the Florida Supreme Court’s decision.
 Issues: Did the Florida Supreme Court violate Article II Section
1 Clause 2 of the U.S. Constitution by making new election law?
 Holding: Yes, in a 5-4 decision.
 Rationale: Different standards were applied from ballot to
ballot, precinct to precinct, and county to county so the recount
was arbitrary and disparate. Dissent argued the Constitution
requires that every vote counted and the Court should defer to
the Florida’s fundamentally right decision.

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 20th
Amendment (1933)
o Established the term of the president and vice-
president 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.
o 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.

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 22nd
Amendment (1951)
o Restricted the term of presidency to two terms.
 23rd
Amendment (1961)
o 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)
o Established procedures for filling vacancies and for
actions to take should the president be unable to
discharge the powers and duties of the office.

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 27th
Amendment (1992)
o To prevent Congress from setting its own salary
because of the apparent conflict of interest.
o Congress has continued to give itself cost-of-
living raises which has not been considered the
same as an actual raise.

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 15th
Amendment (1870)
o Required that the right to vote shall not be denied
because of race, color or previous condition of
servitude.
o Black males were given to the right to vote.
 19th
Amendment (1920)
o Required that the right to vote should not be denied on
account of sex.
o Women get the right to vote 50 years after black males.
o They exist because of officials’ deliberate indifference.

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 24th
Amendment (1964)
o 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)
o Lowered voting age, giving the vote to U.S.
citizens 18 years of age and older.

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 16th
Amendment (1913)
o Established the federal income tax.
o Congress has the power to lay and collect taxes
on incomes.

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 18th
Amendment (1919)
o Prohibited the sale and purchase of intoxicating
liquors.
• Enforcement was seen as hopeless because it is not
what the people wanted.
 21st
Amendment (1933)
o Repealing the 18th
amendment to the
Constitution.

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 Various amendments have been proposed.
 Congress has considered amendments prohibiting
the burning of the American flag and amendments
establishing victim’s rights.
 In 2003, a Senate subcommittee approved a
proposal to amend the Constitution to guarantee
rights to crime victims.
 Overall, Congress is reluctant to make significant
changes by adding amendments.