Constitution and Amendments
24th Amendment
Amendment to the U.S. Constitution (1964) eliminated the poll tax as a prerequisite to vote in national elections.
16th Amendment
Amendment to the United States Constitution (1913) gave Congress the power to tax income.
21st Amendment
Amendment which ended the Prohibition of alcohol in the US, repealing the 18th amendment
What three amendments are the "Civil War Amendments"?
13th Amendment, 14th Amendment, 15th Amendment
What four amendments extended suffrage to disenfranchised groups?
15th Amendment, 19th Amendment, 24th Amendment, 26th, Amendment
What four amendments is the Progressive Era responsible for?
16th Amendment, 17th Amendment, 18th Amendment, 19th Amendment
Explain why citizens are limited to filing lawsuits for only their state of residence.
After the court case Chisholm v. Georgia, the Supreme Court ruled that federal courts had the authority to hear cases in law and equity brought by private citizens against states and that states did not enjoy sovereign immunity from suits made by citizens of other states in federal court.
Tenth Amendment
Amendment stating that the powers not delegated to the federal gov. are reserved to the states
15th Amendment
Amendment that extended suffrage to all races.
What are the four major things that caused the Constitutional Government in the United States to change?
Amendments, Supreme Court decisions, legislation, and informal practices.
Fourth Amendment
Among other matters, the 14th Amendment to the U.S. Constitution prohibits states from depriving any person of life, liberty, or property without adequate due process ., Protects Americans against unreasonable searches and seizures. No soldier, Gov agent, or police can search your home without a search warrant.
23rd Amendment
Appointment of presidential electors representing Washington, D.C. Citizens of District of Columbia granted voting rights in US elections.
In what ways does the 5th Amendment protect people from arbitrary government actions?
Arbitrary government actions are forceful, tyrannical in nature, unrestrained use of authority. The Fifth Amendment makes it so the government can't force someone to testify against themselves and speak during an interrogation or arrest.
17th Amendment
Direct Election of Senators
How does the Progressive Era Amendments reflect the will of the people at that time?
During this time people wanted the country's morality to strengthen and societal progression. With this goal the 18th Amendment was passed in hopes to end alcohol related crimes and problems. The 19th Amendment was passed to further progress women's fight for rights and equality.
What are the circumstances in which presidential succession might be used?
If a president dies, is impeached, resigns, or is ill to the point he isn't fit to do his job presidential succession takes place. (Ex. FDR, JFK)
Which presidential election resulted in a tie and was the influence behind the 12th Amendment?
Jefferson v. Burr election
How does the 10th Amendment limit the power of the federal government?
The 10th Amendment acts as an example of the separation of powers in US government. It grants rights that the constitution doesn't grant to the federal government and doesn't deny the state, to the state and to the people. This keeps the federal government from being too powerful.
In regards to the 4th, 5th, 6th, and 8th amendments, what rules apply to the police?
The 4th Amendment largely applies to the police. It requires them to obtain search warrants before searching citizens except when given consent to search the person, the search is made during an arrest, the illegal item is in plain view, or its an emergency situation. Emergency situations are when an officer's duty to protect people and preserve evidence outweighs the warrant requirement. This amendment also requires police have reasonable suspicion to pat you down. Routine searches count as reasonable. Police do not need search warrants to search vehicles if they have probable cause. The 5th Amendment requires police officers read suspects their Miranda Rights, and not force them to speak to them or incriminate themselves of a crime. The 6th Amendment requires police to inform the accused of what they are being accused of and by whom. The 8th Amendment restrains the police from using cruel or unusual tactics to get information out of the accused and suspects.
How does giving individual freedoms to Americans limit the government's power?
The government cannot take actions that would violate an individuals inalienable rights/freedoms.
How does the government balance protecting civil liberties with maintaining order?
The government tries to find this balance through democracy and giving us freedoms but not absolute freedom.
How is the Constitution changed informally?
The informal process, used by all branches of government, doesn't actually amend the Constitution. Instead, it refers to changes in how we interpret and use it. This can happen when Congress passes or revises legislation, when the president expands or revises the role of that office through executive actions, and when the courts interpret the meaning and intent of what is contained in the Constitution. Long held customs can also be considered informal changes or amendments.
Why are there limits on our freedoms, such as those on the First Amendment? (Ex. You can't yell "bomb" on a plane, or "fire" in a crowded movie theater, and you can't publish information about government missions and plans)
These limits are meant to protect the well-being of the people. The goal of American Democracy is to find a balance between liberty and authority. Absolute freedom would result in anarchy, and/or put the safety of the people at risk. The government can limit your rights if it puts others at imminent risk.
What are the benefits of postponing Congressional pay raises?
This keeps the current congress members from changes their salaries randomly and abusing their power of self set salaries.
Why would the courts exclude evidence in a trial if it was obtained illegally by the police?
To protect the rights of the people, even those accused of crimes, and to in a way show that obtaining evidence illegally isn't acceptable. It acts as protection and a consequence so police don't just break the rule anyway. This is known as the Exclusionary Rule.
14th Amendment
1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts
13th Amendment
1865. Amendement abolishing and continually prohibiting slavery. With limited exception, such as those guilty of comitting a crime, it also prevents indentured servitude.
20th Amendment
1932; moves inaugural date to Jan. 20th; get rid of lame duck period
Sixth Amendment
A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Fifth Amendment
A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
What are the arguments for and against strict gun control laws?
A major argument against gun control is the fact that many other countries have tried it and it didn't work (ex. Germany, UK). Another argument is that it protects citizens from not only other citizens but the government if there was ever a situation where the government started to dramatically abuse their power. Also the argument that this idea was tried before with the 18th Amendment in regards to alcohol and it had very negative consequences. Arguments for gun control are the belief that more guns is synonymous with more crime, most massacres are done with legally obtained weapons, that not all weapons should be banned but only extreme unnecessary ones, and that the second amendment doesn't apply to common citizens having all the weapons they want but to a regulated militia that is no longer necessary in this day and age.
Second Amendment
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Give examples of how government has increasingly guaranteed rights for different minority groups.
African Americans came into America with virtually no rights. The 13th Amendment, abolishing slavery, started a series of amendments that influenced progress for the equality of African Americans but other minority groups as well. The next two amendments that granted African Americans citizenship followed by the right to vote in elections are the 14th Amendment and the 15th Amendment. The 19th Amendment extended voting rights to women (women were and to an extent still are a major minority group in America). The 23rd Amendment extended voting rights to the District of Columbia (citizens of the District of Columbia were previously without representation). The 24th Amendment barred the poll tax and other tactics that made eligibility to vote difficult, especially for minority groups (this affected many minority groups, especially so for African Americans). The 26th Amendment extended voting rights to those 18 years of age and older (the younger generation was a minority group).
Explain the desire to limit the terms of the president.
After FDR just started serving his third term as president he died of a cerebral hemorrhage. From there on out it was believed that the limit should be two terms because after this period of time the health of the president starts declining and causes for issue.
How is the Constitution changed formally?
Amending the Constitution requires two formal steps. It begins by proposing an amendment, which can be done by either both chambers of Congress, passing it by a two-thirds vote or by two-thirds of the states requesting a convention be held to consider amendments. If either occurs, the proposed amendment must then be ratified by either three-fourths of the state legislatures or three-fourths of the state conventions. The state convention methods have never been used as of publication.
27th Amendment
Amendment that made Congressional pay raises ineffective until the next term.
19th Amendment
Amendment to the U.S. Constitution (1920) extended the right to vote to women in federal or state elections.
22nd Amendment
An amendment to the Constitution stating that no president can be elected to said office more than twice, and no person who inherits the presidency due to death can be elected more than once.
12th Amendment
Brought about by the Jefferson/Burr tie, stated that presidential and vice-presidential nominees would run on the same party ticket. Before that time, all of the candidates ran against each other, with the winner becoming president and second-place becoming vice-president.
Seventh Amendment
Civil Trials - right to a jury trial to settle lawsuits over money or property worth more than $20 - common law
25th Amendment
Clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities.
Third Amendment
Conditions for quarters of soldiers; No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Explain how and why 4th Amendment protections are different for students in schools.
In schools, school officials act as representatives of the state, and therefore have the right to search and seize. However, in school students lose some of their fourth amendment protections. These include having to have search warrants, probable cause, or consent. All school officials need to search students is reasonable suspicion. The reason behind this is to easily and better maintain the safety and protection of the students and everyone in the school.
How does the Sixth Amendment maintain the rights of people accused of a crime?
It guarantees them a speedy and public trial by an impartial jury and the right to know what they're being accused of and by whom.
In regards to the 4th, 5th, 6th, and 8th amendments, what rules apply to the courts?
It is the courts job to determine whether or not the 4th amendment was protected in regards to the police and suspects. The 4th Amendment outlines the Exclusionary Rule for courts. This rule states the evidence unlawfully achieved is inadmissible in trials. The 5th Amendment says that courts can't force anyone to incriminate themselves. cam't prosecute someone for the same crime twice (double jeopardy), and that everyone is entitled to due process of law. The 6th Amendment grants accused the right to a speedy trial, an impartial/fair jury, to be informed of what they're being accused of and by whom, and to have counsel and witnesses in their defense. The 8th Amendment restricts courts from implementing excessive bails, or cruel or unusual punishments upon the accused and convicted.
How does the Eighth Amendment limit the power of the government?
It keeps the government from abusing their powers and doing what the King of England did, which is using excessive and cruel punishments and implementing excessive bail.
How does a public trial secure a fair trial?
It makes it so that people know everything that happens during the trial and the government can't just make people disappear or abuse their power and no one know about it.
Explain the reasons behind the extension of suffrage for African Americans, females and 18 year olds.
It's the governments job to protect the minority's rights and try to maintain some level of equality. After years of protesting and fighting for civil rights and equality, minority groups like African Americans, women, and youth (to an extent) gained their suffrage.
26th Amendment
Lowered the voting age from 21 to 18
Explain the concept of majority rules and minority rights.
Majority rules is the idea that what the most people want, is what is decided. Our government abides by this idea because our government was made to benefit the people and what they need. However, the extent of this only goes so far. Because it is impossible for everyone in a country to agree on every single thing there will always be a minority. This is where minority rights come in play in our government. It's also our governments job to protect everyone's rights, both natural and those under the constitution. The government will favor majority rule but make sure the minority's rights are still protected.
How has the English Bill of Rights influenced the rights guaranteed to Americans?
Our founding fathers used ideas from the EBOR in our BOR to try and create a more perfect union. Both documents look very similar and share many of the same ideas such as no excessive bail, no cruel or unusual punishments, freedom of speech, and trial by jury.
What are the exceptions to the warrant requirement of the 4th Amendment?
Police don't need a warrant when given consent to search you, the search is made during an arrest, the illegal item is in plain view, or its an emergency situation. Emergency situations are when an officer's duty to protect people and preserve evidence outweighs the warrant requirement.
Explain the arguments for and against electing senators directly.
Pro: Give the people more direct control and power of those who get elected into office. It helps keep the Senate from being stacked to a specific political ideal based on who elects them. Con: It has caused the US to stray away from Federalism. The senators are now more concerned about pleasing the voters and getting votes rather than representing the state.
18th Amendment
Prohibited the manufacture, sale, and distribution of alcoholic beverages
11th Amendment
Prohibits citizens of one state or foreign country from suing another state.
What is the difference between probable cause and reasonable suspicion?
Reasonable suspicion is a reasonable presumption that a crime has been, is being, or will be committed. It is a little more than an educated guess Probable cause is the logical belief, supported by facts and circumstances, that a crime has been, is being, or will be committed
How have Supreme Court decisions changed the meaning of the Constitution?
Supreme Court decisions have changed the way society views parts of the Constitution and lead to amendments and so forth. However, Supreme Court decisions are not always favorable or beneficial to the Constitution and amendments. For example, in the court case Plessy v. Ferguson the idea of separate but equal was accepted into American society. This idea in a way undermined the 14th amendment (granting equal protection of the law to all citizens no matter what race) by allowing an excuse for segregation because often facilities were separate but not equal.
How did the 23rd Amendment fix a voting glitch in the system?
The District of Columbia (Washington DC) is not a state but is still apart of the United States. Before there weren't many citizens living in DC so the government turned a blind eye to giving them voting rights. Over time DC's population grew dramatically to where this denial couldn't be ignored and the glitch in the system was fixed by having the 23rd Amendment grant citizens rights and give them representation.
How has the 14th Amendment been used to extended rights to other minority groups throughout history?
The Equal Protection Clause under this amendment bars states from denying anyone in its jurisdiction the equal protection of the laws. This clause was the basis for Brown v. Board of Education.
Explain what the Lame Duck Amendment does and why it was needed?
The Lame Duck Amendment changes the inaugural dates from March to January as a way to get rid of the lame duck period. The lame duck period is the period of time between election and inauguration. At first this period of time for congress was 13 months, this amendment changes it to two. It helps prevent a period of time where nothing major can be done politically. For example, Abraham Lincoln had just lost his position in office and during the lame duck period the Civil War was going on and Lincoln had limited power.
How does the Ninth Amendment secure civil liberties?
The Ninth Amendment grants people the protection of their rights and freedoms, and keeps it so that the government can't randomly decide something not listed in the constitution isn't allowed, and tyrannically abuse their power.
How are the Constitutional Amendments used to shape modern day life for American Citizens?
The amendments are meant to address societal changes and keep the constitution relevant to modern times. The amendments are meant to benefit the people and protect them, and their rights. Our amendments decide what we can and can't do, and what the government can and can't do. They outline the rights we use everyday.
Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
How has the meaning of the US Constitution changed over time?
The meaning of the constitution changes in correlation with the evolving societal norms. An example of this is seen in the 18th and 21st amendments. During the Progressive Era the 18th Amendment was passed, starting the prohibition movement. During this time alcohol had a stigma but as time went on people realized it was a part of society and a social norm. The 21st Amendment addresses this change in societal attitude by undoing the 18th Amendment and ending the prohibition.
How do the "Civil War Amendments" extend civil rights?
These amendments extend the rights of African Americans by ending the decades of slavery and granting citizenship and voting rights, further the advancement and progress of their civil rights.
term used to describe amendments that aren't straight forward, have exceptions to the rules, and have room for different interpretations
gray area
