Name______

Unit Packet #2

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The Amendments to the

United States Constitution


/ Amendment = a change to the ______CONSTITUTION______.
* The founding fathers set up the amendment process so that the Constitution could CHANGE as the country grew over time.
* There are 27amendments to the Constitution.
* The Constitution can change through
different INTERPRETATIONS of the Supreme Court.

The Steps to amend the Constitution

To Propose an Amendment:
2/3rdsof Congress votes OR Congress calls a convention
to suggest an Amendment at the request of 2/3rds of the states.
To Approve an Amendment:
3/4ths of the StateOR 3/4ths special conventions
Legislatures approveapprove
Bill of Rights
  • first ten amendments
  • protect our basic or civil rights

First Amendment
/ Freedom of Religion -government cannot interfere with or promote any RELIGION.
(Separation of church and state.)
/ Freedom of Speech - limits?
THREATS, HARASSMENT, DANGER
Controversy: Should certain forms of speech be limited?
/ Freedom of the Press- government cannot interfere with the flow of INFORMATION.
/ Freedom of Assembly-people may gather or protest if it is done PEACEFULLY.
/ Freedom of Petition- right of people to make suggestions or complaints to the GOVERNMENT.
Second Amendment
/ right to BEAR ARMS.
RESTRICTIONS: certain guns are prohibited or must be registered.
Controversy: Should gun ownership be restricted? If so, what restrictions are CONSTITUTIONAL?
Third Amendment
/ government cannot force people to house SOLDIERS
Reason for amendment: BRITISH QUARTERING ACT
Fourth Amendment
/ right of people against unreasonable SEARCHES
Authorities must have a WARRANT issued by a JUDGE.
Protection of people’s PRIVACY AND PROPERTY.
Fifth Amendment
/ rights of people ACCUSED of a crime.
-must be charged with a specific CRIME.
-right not to testify against YOURSELF.
-double JEOPARDY- cannot be tried twice for the same crime.
Sixth Amendment
/ rights during CRIMINAL proceedings.
-speedy trial- cannot be forced to stay in JAIL without a “timely trial”.
-be INFORMED of charges (Miranda Rights)
- right to an ATTORNEY.
Seventh Amendment
/ JURY trial in civil cases.
Eighth Amendment
/ “CRUEL and unusual punishment” is prohibited.
Controversy: Is the DEATH PENALTY “cruel and unusual”?
Ninth Amendment
/ people have other rights even though they are not
LISTED IN THE CONSTITUTION.
Tenth Amendment
/ powers not given to the national government
belong to theSTATES.
Other Important Amendments
Thirteen
PROHIBITS SLAVERY 1865 /
Nineteen
WOMEN EARNED THE RIGHT TO VOTE 1920
Fourteen
ALL CITIZENS ARE EQUAL 1868 /
Twenty-second
NO PERSON CAN BE ELECTED PRESIDENT ORE THAN 2 TERMS 1951
Fifteen
ALL CITIZENS (MALE) ARE ALLOWED TO VOTE. 1870 /
Twenty-four
POLL TAX IS ILLEGAL 1964
Sixteen
INCOME TAX INSTITUTED 1913 /
Twenty-five
PRESIDENTIAL SUCCESSION 1967
Seventeen
TWO SENATORS PER STATE 1914 /
Twenty-six
18 AND OVER EARN THE RIGHT TO VOTE 1971
Eighteen
ILLEGAL TO SELL OR MAKE ALCOHOL 1919 /
Twenty-seven
SENATORS CAN NOT GIVE THEMSELVES RAISES DURING A TERM 1992
Twenty-first
REPEALED THE 18TH AMENDMENT 1933

Important Documents in United States History

Declaration of Independence / Articles of Confederation /

Constitution

July 4,1776 / “All men are created equal…” / Document was replaced.
set up our first government / 1787 / States stronger than National
Our nation’s highest law. / 1 Branch government / Stated freedom of United States
Stated freedom of United States / President, Congress, Supreme Court / National stronger than States.
1777 / Congress only. / Continental Congress
3 Branch government / Weak Central Government / “We the people…”
Bill of Rights / 27 Amendments / “Life, liberty and the pursuit of happiness”

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Levels of government

FEDERAL Government (a.k.a. national, central)

Based in WASHINGTON, DC / Chief Executive : PRESIDENT
Legislative: CONGRESS , two houses:
SENATE and HOUSE OF REPRESENTATIVES
Judicial: SUPREME COURT and several district and lower courts.

Powers

  • Tax
  • Armed forces

oMoney ______

/

Services

  • Law Enforcement
  • National Park system
  • Healthcare- Medicare

STATEGovernment


Based in ALBANY. / Chief Executive: GOVERNOR
Legislative: STATE LEGISLATURE , two houses:
SENATE and ASSEMBLY

Judicial: STATE SUPREME COURT and lower state courts.

Powers

  • Tax
  • School laws.
  • Marriage laws
  • Driving laws
  • Certain public health and safety laws.
/

Services

  • Road maintenance
  • State Parks system
  • Law Enforcement
  • Health System

COUNTYGovernment


Based in BUFFALO. / Chief Executive : COUNTY EXECUTIVE
Legislative: COUNTY LEGISLATURE

Judicial: County Court systems

Powers

  • Tax
  • Certain public health and safety laws.
/

Services

  • Water/sewer systems
  • Road maintenance
  • County park system
  • Law Enforcement

CITYGovernment

OR

TOWNGovernment /

MAYOR, City Council, City Court

TOWN Supervisor, Town Board, Town Justice

Powers

  • Tax
  • Certain public health and safety laws.
  • Zoning laws.
/

Services

  • Road maintenance
  • Parks and Recreation
  • Law Enforcement

VILLAGEGovernment

(for some people) / MAYOR, Board of Trustees, Village Justice

Powers

  • Tax
  • Certain public health and safety laws.
  • Zoning laws.
/ Services
  • Road maintenance
  • Parks and Recreation
  • Law Enforcement

What levels of government do you live under? List the specific names in order from highest to lowest.

1.UNITED STATES

2.NEW YORK STATE

3.ERIE COUNTY

4.HAMBURG, O.P., BOSTON, OR EDEN

5.VILLAGE OF HAMBURG (not for everyone)

State and Local Government Questions. Name______

#______

  1. What is the title of the chief executive of a state?
  1. What are the two parts of the NYS Legislature?
  1. What powers or services are do all levels of government have?
  1. What level of government affects the most people?
  1. What level of government affects the least number of people?
  1. Name the following chief executives based on where you live:

LEVEL / Name of level. / Title of office holder / Actual office holder’s name
Federal: / United States
State:
County:
Town:
Village: / (village residents only!)

Applying the Amendments

Use your notes and text p284-288

1. If law enforcement wants to search your property for suspicion of a crime, in most cases what do the authorities need to conduct a legal search? ______

What amendment protects your rights in this situation? ______

2. Your family is concerned that the County Library System may be shut down due to a budget crisis. What is one legal way according to the Bill of Rightsthat you could let the elected leaders know your feelings on this matter?

3. According to interpretations of the Sixth Amendment, what do all persons accused of a crime have the right to? ______

4. During the late fall, what gives deer hunters the right to use a shotgun? ______

5. During a trial a person cannot be forced to testify against him or herself. This right is guaranteed by the ______Amendment. This forces the government and police to gather ______against the person accused of a crime.

YES, there is a back!

At times throughout the history of the United States, various laws or actions taken by our government may have violated the Constitution. Listed below are several examples of possible infringements of the “Supreme Law of the Land”.
After each example write the amendment to the United States
Constitution that may have been broken.
6. 1798 - Sedition Act - said that a person could not write, print
or say “writings against the government of the United States...”

What Amendment may have been violated? ______
7. During the Civil War President Lincoln jailed suspected railroad
bridge bombers without a preliminary hearing (habeas corpus).

What Amendment may have been violated? ______

8. During World War I, anti-war magazines such asThe Nation were
banned from being mailed.
What Amendment may have been violated? ______

9. During World War II, some Japanese-American citizens were placed in
detention camps until their loyalty could be determined. Many of these people lost their jobs and homes while they were detained in these camps.
What Amendment may have been violated? ______

10. In 2003, President George W.Bush designated two U.S. citizens as "enemy
combatants" and held them without being charged with a crime and without
access to attorneys.
What Amendment may have been violated? ______

AMENDMENT OPINIONName:______

Your Task:
In your personal opinion:
Which amendment is the most important for citizens living in this country and EXPLAIN the reasons for your decision.
  • Be sure to write your amendment and year
  • A definition of the amendment
  • Reason(s) why you believe this amendment is the most important

______
Amendments Questions

use your notes and complete/detailed sentences.

1. How can the Constitution be changed?

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2. What is the Bill of Rights?

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3. Explain how you could legally complain or make suggestions to the government according to the Bill of Rights?

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4. What amendments changed voting rights in the United States?

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5. How can the Constitution change meaning without an amendment?

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