Transcript
THE REMAINING AMENDMENTS AND A RETURN TO THE CONSTITUTION
Chapter 14
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
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
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
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
The Remaining Amendments of the Bill of Rights Griswold v. Connecticut (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
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
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
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
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
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
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
Amendments Related to Election and Structure of Congress 12th Amendment (1804)
Established the electoral system
14th Amendment (1868) 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
Amendments Related to Election and Structure of Congress 20th Amendment (1933)
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
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
Amendments Related to Election and Structure of Congress
22nd Amendment (1951) Restricted the term of presidency to two terms
23rd Amendment (1961) 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
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-of-living raises which has not been considered the same as an actual raise
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
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
Taxes
16th Amendment (1913) Established the federal income tax Congress has the power to lay and collect
taxes on incomes
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
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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