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First 10 Amendments to the Constitution
I Amending the Constitution
(review)
- Any change in the Constitution is called an amendment.
- Article V of the Constitution explains the two steps in the amendment process:
(1) may be proposed in either of two ways (a) vote of two-thirds of the members of both houses
of Congress
(b) by a national convention
(2) two-thirds of the state legislatures must request a national convention (such a
convention has never been called).
A) Ratifying Amendments (review)
- Once an amendment has been proposed, three-fourths of the states must ratify it.
- The states have two ways to ratify an amendment:
(1) either by a vote in each state legislature or (2) by calling special state conventions
*Since 1789, 10,000 amendments have been proposed, but ONLY 27 have been
RATIFIED!!
SEVEN-YEAR TIME LIMIT.
- If three-fourths of the states have not approved an amendment by then, it DIES.
- Congress, however, CAN EXTEND this TIME LIMIT!!
** Since the early 1900s, Congress has called for a
II Bill of Rights
- The FIRST 10 AMENDMENTS TO THE CONSTITUTION ARE KNOWN AS THE BILL OF
RIGHTS!
A) First Amendment
- The BEST KNOWN and MOST CHERISHED
- It PROTECTS FIVE BASIC FREEDOMS that are ESSENTIAL to the AMERICAN WAY of
LIFE: freedom of (1) religion, (2) speech, (3) the press, (4) assembly, & (5) to petition
the govt.
B) Second Amendment
- GUARANTEES AMERICANS the RIGHT to SERVE in a STATE Militia & to BEAR ARMS.
C) Third Amendment
- LIMITS the POWER of the NATIONAL GOVT. to FORCE AMERICANS to QUARTER
(house) SOLDIERS.
- In peacetime, soldiers MAY NOT move into private homes w/out consent from the owner.
- In times of war, the practice is ALO PROHIBITED UNLESS PEOPLE are requested to do so
by law.
D) Fourth Amendment
(sometimes called the PRIVACY AMENDMENT)
- PROTECTS AMERICANS AGAINST UNREASONABLE SEARCHES and SEIZURES (coming
into/onto their private property, searching, and/or taking something w/out a reasonable and
lawful reason to do so).
E) Fifth Amendment
(1) - NO ONE CAN BE PUT ON TRIAL W/OUT FIRST BEING INDICTED (formally
accused), by a GROUP of CITIZENS called a GRAND JURY.
(2) - This also protects people from DOUBLE JEOPARDY: being accused of the same
crime twice (example – if you are set up by someone and go to prison for him/her, get
out, find out he/she is still alive, and kill him/her for real), OR accused of a crime &
judged NOT GUILTY MAY NOT BE PUT ON TRIAL AGAIN FOR THE SAME CRIME!
(3) PROTECTSAN ACCUSED PERSON’S RIGHT TO REMAIN SILENT: YOU CANNOT BE
FORCED TO TESTIFY AGAINST YOURSELF (or your spouse)!
(4) NO ONE CAN BE DENIED LIFE, LIBERTY, or PROPERTY W/OUT DUE PROCESS OF
LAW (following procedures established by law and guaranteed by the Constitution).
(5) PROTECTS A PERSON’S PROPERTY RIGHTS: LIMITS THE GOVT.’S POWER OF
EMINENT DOMAIN (the right of govt. to take private property – usually land – for
public use).
F) Sixth Amendment
-This guarantees additional rights to people accused of crimes.
(1) They MUST be told the EXACT nature of the charges AGAINST THEM.
(2) Trial by jury.(ALTHOUGH one may ask for a trial with a JUDGE only)
G) Seventh Amendment
- Guarantees the right to a jury trial in civil cases if the amount of money involved is more than
$20.00.
H) Eighth Amendment
(1) It forbids excessive bail (that is an amount that is much too high).
(2) It also forbids CRUEL and/or UNUSUAL punishment (It is generally agreed that it means that
punishment should be in proportion to the crime committed).
I) Ninth Amendment
- The rights spelled out in the constitution are NOT the only rights of American people.
J) Tenth Amendment
- This is a reminder of what the Constitution DOES NOT say.
- Under the 10th Amendment, ANY POWERS the CONSTITUTION DOES NOT SPECIFICALLY
GIVE to the NATIONAL GOVT. are RESERVED for the STATES or for the PEOPLE.