Amendments to the U.S. Constitution
Incorporation
Incorporation refers to the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to 1925, the Bill of Rights was held only to apply to the federal government. In the 1920's, a series of Supreme Court Decisions interpreted the 14th Amendment to "incorporate" most portions of the Bill of Rights, making these portions enforceable against the state governments. Therefore, the incorporation doctrine is now understood as extending most provisions of the Bill of Rights to state and local governments.
7th Amendment
It states that the government may not re-examine or deny facts and findings made by a jury.
11th
Posits that States do not enjoy sovereign immunity from suits made by citizens of other states in federal court. Citizens can sue the States.
3rd Amendment
Prohibits soldiers from living in your home without your consent during peacetime.
4th Amendment
Prohibits unreasonable search and seizures and sets out requirements for search warrants based on probable cause.
1st Amendments
Protects freedom of speech and of the press, prohibits making any law respecting an establishment of religion, a nd protects the right to petition the government as well as to assemble.
2nd Amendment
Protects the right to bear arms
5th Amendment
Protects the right to due process, which essentially means that the state must respect all legal rights that are owed to an individual. The 5th also prohibits self-incrimination ("I plead the 5th) and double jeopardy. Further, it sets out rules for indictment by a grand jury.
9th
States that the enumeration of certain rights in the Bill of Rights shall not be construed to deny other rights retained by individuals. This Amendment protects against the notion that a right not explicitly mentioned in the Bill of Rights may be infringed upon.
10th
States that the powers not delegated to the federal government by the Constitution are reserved to the States, or to the people. This amendment makes explicit the idea hat the federal government is limited to only the powers granted in the Constitution.
6th Amendment
1. The right to a speedy trial in the district where the crime was committed 2. The right to an impartial jury. 3. The right to have counsel.
8th
Prohibits 1. Excessive Bail 2. Cruel and Unusual Punishment. This essentially means that a punishment may not be degrading to human dignity (no torture).
Introduction
There are a total of 27 ratified Amendments to the US Constitution, which was put into operation in 1789. The first 10 are called the Bill of Rights.
How do you Amend the Constitution?
A proposed amendment may be adopted and sent to the states for ratification by either: The United States Congress, whenever a two-thirds majority in both the Senate and the House of Representatives deem it necessary; OR A national convention, called by Congress for this purpose, on the application of the legislatures of two-thirds (presently 34) of the states. To become part of the Constitution, an adopted amendment must be ratified by either (as determined by Congress): The legislatures of three-fourths (presently 38) of the states, within the stipulated time period—if any; OR State ratifying conventions in three-fourths (presently 38) of the states, within the stipulated time period—if any. Upon being properly ratified, an amendment becomes an operative addition to the Constitution.
