Articles and Ammendments to the Constitution

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  1. Article I
    • I) Legislature – why first? Fought the Revolutionary War against a King – we want the people’s opinions (not one person’s – King) to be heard – Leg is the most voices of the people.·
    • Examples of powers: prints the money, funds the army, make the courts
  2. II
    • Executive – why second? Something to keep the legislature in check so it doesn’t act like a King·
    • Examples of powers: commander-in-chief, make treaties
  3. III
    Judicial – why third? Appointed by the King, did what he said, not independent so not respected by the people
  4. IV
    • States v. States (Full Faith & Credit clause)
    • laws carry over, documents/papers – birth certificates, marriage licenses carry over
  5. V
    How to change the Constitution LL Cool Cat 4 formal methods
  6. VI
    National outranks State – Supremacy Clause – · change from the Articles of Confederation which gave too much power to states couldn’t stop arguing, inefficient, weak national government
  7. VII
    III) Ratification – 9/13 or 2/3’s to pass it and end the Articles of Confederation – not a done deal at #9 because Va #10 and NY #11
  8. 1st amendment
    • Speech, press, religion, petition, and assembly
    • No rights are absolute or you’ll step on other people rights. Protects individual/minority rights from the majority
    • Speech· Symbolic (seen) v. Spoken (words)· School can limit Curse words not allowed, Can’t yell fire in a crowded theatred
    • Religion· Free Exercise Clause v. No Establishment of National Religion. Can’t physically harm someone· Can’t prevent others from practicing their religion· Can’t promote religion in public schools (atheists who are forced to go)
    • Press: Can’t give away national secrets. Can’t knowingly lie (slander if spoken, libel if written)· Must be malicious (intending to harm) to be prosecuted. No prior restraint (blocked from saying or printing something before you. do it – only allowed when national security is involved or in schools)
    • Assembly & Petition (have to have permission to do them on private land, have to · get a permit, etc.)
  9. 2nd amendment
    Right to bear arms – well regulated militia (citizen soldiers who help out the gov when needed – called today the State Guard / National Guard). Gun control – necessary for society’s safety or a violation of individual
  10. 3ed amendment
    No forced infantry in your home during peace time – in war time is okay – in colonial times the King forced us to house his troops – has never been used since the Civil War so basically a dead amendment.
  11. 4th amendment
    No search or seizure but upon probable cause – what’s probable cause? What’s a warrant? Why search or seizure? Warrant v. Probable Cause v. · Reasonable Suspicion (only allowed in schools)· No warrant needed if the vehicle can drive away (lose the evidence). Warrant needed if vehicle can’t drive away. Don’t want to take away individual rights, BUT the community needs some protection – courts decide what your protected rights are
  12. 5th amendment
    • No forced self incrimination. Innocent until proven guilty. Can testify against yourself. Spouse can’t be forced to testify, but can if they want to. Kids can be forced.
    • No double jeopardy: Can’t be tried for the same crime. Limitation (state is different from federal civil rights – O.J. Simpson 1. example of being not guilty in state court, but guilty of civil rights 2. violations in federal court)
    • Grand jury: Peers decide if enough evidence to go to trial. Do NOT find guilty or innocentd.
    • Right to due process (same legal steps for all – the rich don’t get advantages)
    • Eminent Domain – gov may take your land if it is for the good of the Community – 199 example
  13. 6th amendment
    • Rights of the Accused
    • Triple trial (public trial, jury trial, and speedy trial –can’t be too short or too long)
    • Confront witnesses against you- who is accusing you – problem when dealing with children or women who have been raped – innocent until proven guilty
    • Trial held where crime committed
    • See evidence against you
    • Right to an attorney if cannot afford one
    • Right to experts / attain evidence in your favor (locked up in jail – can’t collect evidence in your favor so government assists you)
  14. 7th amendment
    Civil court (disputes over money, NOT jail time) case must be more then $20 – ex of using specific language (instead of skeletal) and becoming outdated due to inflation
  15. 8th amendment
    • No excessive bail or fine
    • No cruel and unusual punishment Death Penalty Supreme Court has NEVER said the D.P. violates the 8th Amendment. Not cruel AND unusual – not unusual, not cruel if lethal injection
  16. 9th amendment
    Unenumerated rights – (not numbered) – others may be added later as needed hence #’s 11-27
  17. 10th amendment
    • States Rights (powers reserved to the states)
    • Federal form of government – powers split between N and S. 2 sides of the coin. N gets to do only what the Constitution says (weakens N). S get to do whatever it doesn’t say (strengthens S)
  18. 11th amendment
    • must get state's permission to sue them
    • 7 allowed ppl to sue any state, 11 solved prob by saying you have to get their permission to sue.
  19. 12th amendment
    • Electoral college
    • Pres, vp on separate ballots, run together
  20. 13th amendment
    Outlawed slavery
  21. 14th amendment
    • defined citizin
    • citizenship for african americans
  22. 15th amendemnt
    african americans can vote
  23. 16th amendment
    income tax
  24. 17th amendment
    direct election of senators
  25. 18th amendment
  26. 19th amendment
    woman's suffrage
  27. 20th amendment
    elections held on 1st tues in nov, defines when congress starts
  28. 21st amendment
    ends prohibition
  29. 22nd amendment
    2 terms for pres
  30. 23ed amendment
    dc gets to vote for pres
  31. 24th amendment
    no more poll tax
  32. 25th amendment
    vp takes over for pres
  33. 26th amendment
    18yr olds can vote
  34. 27th amendment
    congressmen can't give themselves a pay raise unless notify before election.
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Articles and Ammendments to the Constitution
2012-05-05 18:20:00

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