Amendments - Government State Test

27th Amendment

Congressional Compensation The Twenty-Seventh Amendment has one of the most unusual histories of any amendment ever made to the U.S. Constitution. Congress passed the Twenty-Seventh Amendment by a two-thirds vote of both Houses, in 1789, along with eleven other proposed constitutional amendments (the last ten of which were ratified by the states in 1791, becoming the Bill of Rights).

7th Amendment

Jury Trials The Seventh Amendment guarantees that Americans will receive a jury trial in civil (as opposed to criminal) cases involving property worth more than $20. Today, however, people do not bring such cases to federal courts unless a much larger sum of money is involved.

9th Amendment

Reserved Powers The Ninth Amendment states that the Constitution and the Bill of Rights do not define all of the fundamental rights people have. Such rights exist whether or not they are defined.

26th Amendment

Right to Vote at Age 18 Lowered the voting age from 21 to 18 "Old enough to fight, old enough to vote."

5th Amendment

Rights of the Accused, Due Process of the Law, and Eminent Domain Rights of the Accused. The Fifth Amendment protects the rights of anyone accused of a crime. It assumes that everyone is innocent until proven guilty. In some countries, exactly the opposite is true. Suspects must prove that they are innocent. When a person is accused of a crime for which the punishment could be death, the Fifth Amendment requires that a "grand jury" look at the charges before that person can be brought trial. A grand jury is a group of citizens who decide if there is enough evidence to try a person. It is intended to prevent people from being falsely accused of a serious crime. Today, grand juries consider most serious criminal charges. The Fifth Amendment also states that the person cannot be tried twice for the same crime. This is known as double jeopardy. The section of the Fifth Amendment that has received the most publicity is the guarantee against "self-incrimination." This means people cannot be forced to testify against themselves. Under the Fifth Amendment, law enforcement officials must produce the evidence necessary to convict a person of a crime. The accused person cannot be made to provide it. In earlier times, people were tortured until they confessed to crimes they may not even have committed. The guarantee against self-incrimination makes sure that unfair pressure cannot be used to make a person confess. In the 1950's, this section of the Fifth Amendment sparked a public uproar. Notorious criminals accused of having ties with the underworld claimed the Fifth Amendment protected them from having to testify. If they had denied those accusations, they probably would have been found guilty of "perjury," or lying under oath. Perjury is punishable by law. If they had told the truth, they would have risked punishment. Instead, they refused to testify on the grounds that they might incriminate themselves. Law enforcement officials had to come up with evidence against them or free them. The right to remain silent also protects innocent people. During the 1950's, the government became concerned about Communists. Politicians held hearings in which people were asked which organizations they had joined and who their friends were. If they answered that they had been involved in certain groups or friendships, they were accused of being Communists. At times, the accusations became wild and unfounded. Many people took refuge in the Fifth Amendment protection against self-incrimination. Some, perhaps, were Communists who might have wished to see the government overthrown. Others, however, were innocent citizens who had been caught up in a hysterical movement. The Constitution protected them against ruthless accusations. Due Process of the Law. Another section of the Fifth Amendment holds that "no one can be deprived of life, liberty, or property without due process of law." In other words, the government must follow certain legal procedures before deciding on a penalty. It can't jail a person because it suspects that the person committed a crime. It must prove the accusation by following certain rules and methods. However, "due process of law" is a rather vague and general term. As times have changed, so has its meaning. In the 1930's, photographers and newsreel cameramen were allowed to record trials. (There was no television news.) The trial of a man accused of kidnapping the aviator Charles Lindbergh's child took on the atmosphere of a circus. Lawyers and witnesses became more interested in creating publicity than in determining justice. They began to make exaggerated claims. In later years, to discourage publicity stunts and other distractions, only artists and reporters were allowed to be present in court. Now some judges permit television cameras to record trials. How might the presence or absence of cameras affect a defendant's right to due process? Eminent Domain. Finally, the Fifth Amendment requires the government to pay citizens when it takes over their property for a public use. The government's right to take this property is called "eminent domain." Suppose the state wanted to build a highway which would run right through your residence. It would have to pay the owners a reasonable price for the property. The government could force you to move, but at least it would have to provide you with the money to relocate.

19th Amendment

Women's Right to Vote On June 4, 1919, the 19th Amendment was passed by Congress, and it was ratified on August 18, 1920

24th Amendment

Abolition of Poll Tax

13th Amendment

Abolition of Slavery Slavery is America's original sin. Despite the bold commitment to equality in the Declaration of Independence, slavery was legal in all of the thirteen colonies in 1776. By the start of the Civil War, four million people, nearly all of African descent, were held as slaves in 15 southern and border states. Slaves represented one-eighth of the U.S. population in 1860.

21st Amendment

Amendment which ended the Prohibition of alcohol in the US, repealing the 18th amendment

8th Amendment

Bails, Fines, and Punishments The Eighth Amendment protects people from having to pay unreasonably high "bail" in order to be released from prison before they go to trial. Bail is money given to pledge that a person accused of a crime will appear for trial. The Eighth Amendment also protects people from unreasonably high fines. Finally, it outlaws cruel and unusual punishment. This requirement, as well as the Fifth Amendment's guarantee against self-incrimination, protects citizens from the use of torture. Some people have argued that the death penalty is a form of cruel and unusual punishment.

1st Amendment

Basic Liberties: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government to right wrongs. The First Amendment is perhaps the most important part of the Bill of Rights. It protects five of the most basic liberties. They are freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government to right wrongs. These were the guarantees that the Antifederalists missed most in the new Constitution. Freedom of Religion. Freedom of religion means that the government may not force you to accept one set of religious beliefs nor may it interfere with the way you worship. One of the most heated debates of our time involves the issue of prayer and schools. Do students have the right to pray in class? Or would a prayer interfere with another student's rights "not" to pray? A number of cases have been brought before the Supreme Court to settle this matter. The Supreme Court has held that prayers or even a required moment of silence without a clear secular purpose would violate the principles of the First Amendment. Freedom of Speech. This freedom entitles American citizens to say what they think, provided they do not intentionally hurt someone else's reputation by making false accusations. Neither may they make irresponsible statements deliberately harmful to others, such as yelling, "Fire!" in a crowded theater when there is no fire. There are many issues about which Americans disagree, from child-rearing practices to baseball teams to Presidential candidates. Freedom of speech enables people to state their opinions openly to try to convince others to change their minds. The First Amendment also gives you the right to disagree with what others say without fear of punishment by the government authorities. However, if you make an outrageous statement, such as, "The earth is flat," free speech will not keep people from making fun of you. If you express an unpopular opinion — for example, that students do not get enough homework — don't be surprised if your classmates avoid you. The First Amendment does not prevent social or peer pressure to conform to what others think. Public schools must respect students' rights to freedom of expression, guaranteed under the First Amendment to the U.S. Constitution. But those rights aren't absolute. In addition to the general exceptions to First Amendment protection, students often face restrictions on their speech that are particular to the school setting. The U.S. Supreme Court has long recognized that the right to freedom of expression isn't quite the same for children at school as it is for adults in other settings. This is because K-12 schools have a special responsibility to keep children safe, teach them how to behave properly, and make sure the campus environment is conducive to learning. Not surprisingly, students and administrators often clash over the balance between schools' dual responsibilities: to respect students' rights to freedom of expression, and to protect children and the learning environment. When those clashes lead to lawsuits, courts turn to the basic ground rules that the Supreme Court laid out in four landmark decisions. Schools may restrict students' speech if it: is likely to disrupt school is lewd promotes illegal drug use, or is part of the curriculum or communications sponsored by the school. Freedom of the Press. This freedom makes it possible for Americans to keep informed about what is going on in government. It helps them to be responsible citizens. Reporters and editors can criticize the government without the risk of punishment, provided they do not deliberately tell lies. Newspapers, magazines, and books, as well as television and movie scripts, do not have to be submitted for government inspection before they are published. This censorship would violate the First Amendment. Freedom of Assembly. This freedom makes it possible for Americans to join clubs or political parties, even if those groups represent unpopular views. Because of the First Amendment, people can join groups to promote animal rights, the nuclear freeze, or conservation. They can join groups to protest government intervention in Haiti, imported clothes and shoes, toxic wastes, or aid to Serbia or Bosnia. By sharing common interests, Americans can learn to work together. There are groups devoted to the interests of young people. Scout troops and 4-H clubs are but two examples. Freedom to Petition. This important freedom allows people to tell the government what they think is needed. They can try to prevent the government from acting in a certain way. They can complain to the government without fear of penalty when things aren't going the way they should. For example, if people dump garbage near your school, you and your parents can petition the government to clean it up. Freedom to petition can also let the government know how well it is doing its job.

14th Amendment

Citizenship Rights, Equal Protection, Apportionment, Civil War Debt The second of the three "Civil War Amendments," the Fourteenth Amendment is probably the most important amendment added to the Constitution at any time since the Bill of Rights was ratified in 1791. A Congress dominated by Radical Republicans passed the amendment specifically to protect against the threat that white southerners, defeated in the Civil War, would figure out how to use the powers of their state governments to effectively re-enslave recently liberated blacks by passing racially discriminatory laws. (Ironically, the failure of Reconstruction after 1876 led more or less exactly to this result, as the Fourteenth Amendment largely failed to protect black rights during the long Jim Crow Era.) While the amendment was passed with the rights of recently freed slaves specifically in mind, it was written in more universal terms; the Fourteenth Amendment right to equal protection has since been invoked by all kinds of different groups of citizens seeking to ensure equal treatment under the law.

12th Amendment

Election of President & Vice President "separation of votes for President and Vice President" The Twelfth Amendment cannot be understood outside of the Electoral College, which was set out in the 1787 Constitution as the mechanism by which Americans select their presidents. There were four crucial aspects of that mechanism. The first was that the electors would vote for two persons (at least one of whom had to be from outside the elector's home state). The second was that the electors did not differentiate between the two persons as potential presidents or vice presidents. Electors should simply vote for the two persons they viewed as most qualified to become president. The person gaining the most votes (if a majority) would become president. The runner-up (presumably the second-most-qualified person) would become vice president. The third assumption was that the electors—at least following the completely predictable (and unanimous) election of George Washington as our first president—would quite often fail to reach majority approval of a specific candidate; in that case, according to the original Constitution, the decision would be made by the House of Representatives, with each state's delegation having one vote. The Constitution also provided that the House would choose in case of a tie vote between two candidates each of whom had received a majority of votes. Finally, because the Constitution, until amended in 1933, provided that newly elected representatives would meet for the first time only a full year after election, the choice would be made by a House that would likely include a number of "lame-ducks," including representatives who had been defeated in the recent elections. All of these features were on display in 1801.

6th Amendment

Fair and Speedy Trials The Sixth Amendment provides more requirements for a fair trial in criminal cases. It guarantees a speedy, public trial by an impartial jury in the area where the crime was committed. The defendant must be able to question the accusers and to force favorable witnesses to testify. The accused has a right to a lawyer. How would you feel if you were falsely accused of cheating on a test? Suppose you had no idea who was accusing you. How could you question your accuser? How could you defend yourself? Your reputation could be hurt if you had to wait a long time before the matter was cleared up. Wouldn't you want a chance to prove your innocence? This is why the Sixth Amendment is so important.

3rd Amendment

Housing Troops The Third Amendment pledges that in peacetime, citizens will never have to keep soldiers in their homes without consenting. Before the Revolution, the British forced Americans to provide lodging and food for their troops. The colonists bitterly resented this intrusion on their privacy as well as the cost of feeding hungry soldiers.

16th Amendment

Income Tax The Sixteenth Amendment, ratified in 1913, played a central role in building up the powerful American federal government of the twentieth century by making it possible to enact a modern, nationwide income tax. Before long, the income tax would become by far the federal government's largest source of revenue. This Amendment was part of a wave of federal and state constitutional amendments championed by Progressives in the early twentieth century. The Amendment reversed an 1895 Supreme Court decision that had made a nationwide income tax effectively impossible by invoking what today seems an arcane [obscure] distinction between "direct" and "indirect" taxes.

17th Amendment

Popular Election of Senators "Established the direct election of senators (instead of being chosen by state legislatures)" The push for the Seventeenth Amendment occurred both in state legislatures and the House of Representatives. Between 1890 and 1905, thirty-one state legislatures passed resolutions either calling on Congress to pass an amendment providing for the direct election of senators, to hold a conference with other states to work on such an amendment, or to have a constitutional convention such that the direct elections for Senator could be included in a newly drawn Constitution. Amendments to the Constitution providing for direct elections passed the House in each session between 1893 and 1912.

25th Amendment

Presidential Succession & Disability Establishes a process to take over leadership when a president is disabled. Less than two years after Kennedy's death, on July 6, 1965, the Congress passed the 25th Amendment, where the line of succession was not only clarified, but what was to be done in the case of presidential disability was addressed. The selection of a Vice President for an empty Vice Presidential seat was also provided for. The states ratified the amendment on February 10, 1967. The second clause, dealing with the filling of a vacancy in the Vice Presidency, was used less than six years later when Gerald Ford assumed the Vice Presidency upon the resignation of Spiro Agnew.

20th Amendment

Presidential Terms & Succession, Assembly of Congress "Congress begins on January 30th; President starts on January 20th "Lame-duck" Amendment" Ratified in 1933, it has never been the subject of a Supreme Court decision and has rarely been interpreted by lower courts.

23rd Amendment

Presidential Vote for D.C. Gives Washington DC (District of Columbia) electoral college votes as if it were a state.

18th Amendment

Prohibited the manufacture, sale, and distribution of alcoholic beverages Its ratification was certified on January 16, 1919, and the Amendment took effect on January 16, 1920.

10th Amendment

Reserved Powers The Tenth Amendment makes a similar claim concerning the rights of the states. It holds that the states and the people have powers that are set aside and not listed item by item. These powers are called "reserved powers." They can be contrasted with "express powers," which are specifically defined in the Constitution.

15th Amendment

Right to Vote Not Denied by Race Added to the Constitution in 1870, the Fifteenth Amendment was the final of the three constitutional amendments enacted during Reconstruction in the aftermath of the Civil War. While the Thirteenth Amendment prohibited slavery, and the Fourteenth Amendment banned states from denying "equal protection of the laws," the Fifteenth Amendment established that the right to vote could not be denied on the basis of race. Though its express terms prohibit all racial discrimination in voting qualifications, the Amendment was aimed at ensuring the enfranchisement of African-Americans. Section 2 of this short but momentous Amendment also gave Congress the power to enact legislation to enforce the right against race-based denials of the vote. The constitutional meaning of the Civil War was reflected in these three amendments; when the Fifteenth Amendment was passed, it represented the principle that African-American citizens—many of them former slaves—were now entitled to political equality.

4th Amendment

Searches and Seizure The Fourth through Eighth Amendments concern the rights of people suspected of crime. The Fourth Amendment protects citizens from improper searches of their bodies, possessions, or homes. It requires that a detailed warrant be issued by a judge listing what can be searched. There has to be a good reason for the search. For example, suppose the police knew that someone in your school was selling drugs. The Constitution does not let them search the home of every student. In fact, they could not search the homes of even one or two without a court order. Historically, many courts believed that schools had pretty much the same rights as parents to search students and their belongings. But in 1984, the U.S. Supreme Court held that the Fourth Amendment applies to searches conducted by public school officials, and that students have a reasonable expectation of privacy in the personal belongings that they bring to school. However, because schools have a special need to maintain a safe learning environment, the Court didn't believe they should have to get a warrant or meet the probable-cause standard before searching students. Most schools set in place policies for how they are to conduct student searches.

11th Amendment

Suits Against States The Eleventh Amendment's text prohibits the federal courts from hearing certain lawsuits against states. The Amendment has also been interpreted to mean that state courts do not have to hear certain suits against the state, if those suits are based on federal law. During the debates over whether to ratify the Constitution, controversy arose over one provision of Article III that allowed federal courts to hear disputes "between" a state and citizens of another state, or citizens or subjects of a foreign state. Anti-Federalists (who generally opposed the Constitution) feared that this provision would allow individuals to sue states in federal court. Several prominent Federalists (who generally favored the Constitution) assured their critics that Article III would not be interpreted to permit a state to be sued without its consent. However, some other Federalists accepted that Article III permitted suits against states, arguing that it would be just for federal courts to hold states accountable.

2nd Amendment

The Right to Bear Arms The Second Amendment guarantees individual states the right to maintain "a well regulated militia," and citizens the right to "keep and bear arms." Because criminals often used unlicensed weapons to hurt others, some people have urged the national government to control the sale of guns. Other people have argued that gun control is a violation of the Second Amendment.

22nd Amendment

Two-Term Limit on Presidency His life was nearly over, however, and his Vice President, Harry Truman, became President upon FDR's death less than 100 days after his inauguration. Though FDR's leadership was seen by many as a key reason that the U.S. came out of WWII victorious, the Congress was determined, once the war ended, to ensure that Washington's self-imposed two-term limit become the law of the land. Specifically excepting Truman from its provisions, the 22nd Amendment passed Congress on March 21, 1947. After Truman won a second term in 1948, it was ratified on February 27, 1951. Truman could have run for a third term, but bowed out early before campaigning began. FDR served 4 terms