US Constitutional Amendments

John Adams the first Vice President and second President of the United States James Armistead black slave who served in the colonial army as a spy General Edward Braddock commander of all British forces in North America during the French and Indian War Nathan Hale "I only regret that I have but one life to lose for my country." Patrick Henry Virginian who said, "Give me liberty, or give me death!" New York City our nation's first capital Battle of Bunker Hill the first major battle in the War for Independence judicial the branch of government that interprets the law executive the branch of government that enforces the law legislative the branch of government that makes the law Articles of Confederation the first plan of government that the United States had agreed upon Bill of Rights lists the rights or freedoms the Constitution gives to Americans; written in the form of ten amendments Constitution of the U.S. plan of government our country still follows today Declaration of Independence document written by Jefferson declaring the independence of the colonies from England First Amendment gives Americans the following freedoms: religion, speech, press, and assembly Treaty of Paris document signed by England giving up the American colonies and making them officially free and independent Inauguration Day The day the President takes his oath of office Valley Forge Washington's army spent the harsh winter of 1777-1778 Second Continental Congress The decision to organize the Continental Army was made at the ??? in 1775. constitutional republic The form of government in which the people and their elected representatives are limited by a constitution patriots Those who wanted America to be free from Britain's control

US Constitutions and Amendments

The 27 Amendments to the US Constitution

Democratic Constitution in South Africa Struggle against Apartheid • Apartheid was the name of a system of racial discrimination unique to South Africa. • This system was particularly oppressive for the blacks. → They were forbidden from living in white areas. • Since 1950, the blacks, coloured and Indians fought against the apartheid system. • The African National Congress (ANC) was the umbrella organisation that led the struggle against the policies of segregation. • In 1964, Nelson Mandela and seven other leaders were sentenced to life imprisonment in 1964 for daring to oppose the apartheid regime in his country. Towards a New Constitution • As protests and struggles against apartheid had increased, the white regime changed its policies. • After 28 years of imprisonment, Nelson Mandela released from jail. • At the midnight of 26 April 1994, democracy was adopted as a form of government in South Africa. • After two years, a constitution came out which gave to its citizens the most extensive rights available in any country. Why do we need a Constitution? • A constitution is necessary because: → It generates a degree of trust and coordination that is necessary for different kind of people to live together. → It specifies how the government will be constituted, who will have power to take which decisions. → It lays down limits on the powers of the government and tells us what the rights of the citizens are. → It expresses the aspirations of the people about creating a good society. Making of the Indian Constitution • In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India. • In 1931, the resolution at the Karachi session of the Indian National Congress dwelt on how independent India’s constitution should look like. • Factors contributed to the making of our Constitution. → Ideals of French Revolution → The practice of parliamentary democracy in Britain → The Bill of Rights in the US → The socialist revolution in Russia The Constituent Assembly • In July 1946, Elections to the Constituent Assembly were held. → The drafting of the document called the constitution was done Constituent Assembly. → Dr. Rajendra Prasad was the Chairman of the Constituent Assembly. → In December 1946, the first meeting was held. • After the country was divided into India and Pakistan, the Constituent Assembly also got divided. • The Assembly adopted the Constitution on 26 November 1949 but it came into effect on 26 January 1950. • To mark this day we celebrate January 26 as Republic Day every year. • The Constituent Assembly worked in a systematic, open and consensual manner. → First some basic principles were decided and agreed upon. → Then a Drafting Committee chaired by Dr. B.R. Ambedkar prepared a draft constitution for discussion. → More than two thousand amendments were considered. Philosophy of the Constitution • The Constitution begins with a short statement of its basic values which is called the Preamble to the constitution. The preamble focuses on: → Justice, social, economic and political. → Liberty of thoughts, expression, belief, faith and worship. → Equality of status and of opportunity. → Fraternity assuring the dignity of the individual and the unity and integrity of the nation.

Chapter 7 Study Guide Answers What does the Bill of Rights do? The Bill of Rights lists our basic rights. Who is the person mainly responsible for the Bill of Rights? James Madison is the person mainly responsible for the Bill of Rights. The Bill of Rights is part of which document? The Bill of Rights is part of the United States Constitution. Whose job is it to protect our rights listed in the bill of rights? It is the job of the federal courts (judicial branch) to protect our rights. What are the five rights listed in the first amendment? Freedom of speech: includes symbolic speech; does not include speech that could endanger the public safety. Religion: Right to believe whatever you want, but you can’t do whatever you want in the name of religion (can’t break the law). Press: The free flow of information and ideas; can’t print lies or information that could be helpful to an enemy in wartime. Assembly: Use public property for meetings and demonstrations (i.e. parades, protests, political rallies). Must be done legally and peaceably. Right to petition: Means you can appeal to the government if you’re unhappy about something or some policy. Give one example of speech NOT protected under the first amendment. An example of speech not protected under the first amendment would be crying “fire” in a crowded movie theater (anything that could potentially endanger the public safety). What does the second amendment give us the right to? The second amendment gives us the right to bear arms. What does the third amendment state we are not legally obligated to do? Under the third amendment, we are not obligated to quarter (or house) soldiers in our homes. What does the fourth amendment protect us from? The fourth amendment protects us from unreasonable search and seizure. What is needed in order to search or seize property? A warrant is needed, which must be issued by a judge, in order to search and seize property. What five rights are we guaranteed under the Fifth Amendment? Right to a grand jury: determines whether or not the government has enough evidence to bring someone to trial. Double jeopardy: Once a person has been found not guilty, he cannot be tried again for the same crime. Self incrimination: A person has the right to remain silent; he does not have to testify against himself. Due process: The government must follow a clear set of rules (a process) as it carries out the law and takes your life, liberty, or property. Just compensation: If the government has to take someone’s land, they will offer a fair price. What is the right stated in the “Miranda Warning”? The main right stated in the “Miranda Warning” is the right to remain silent. What are the four rights stated under the sixth amendment? Right to a speedy and public trial, and an impartial jury. Right to a jury of people that live in the defendant’s area (jury of your peers). To hear and question all witnesses Right to an attorney As stated in the seventh amendment, we have the right to which type of trial depending on how much money a person is being sued for? What can a judge NOT do? Under the seventh amendment, we have the right to a jury trial depending on how much money is at stake in a civil trial. A judge cannot overturn a decision made by a jury. What are the four things that are prohibited under the eighth amendment? The four things that are prohibited (or not allowed) under the eighth amendment are: excessive fines, excessive bail, cruel and unusual punishments, and poor prison conditions. Under the ninth amendment, rights not listed in the Bill of Rights belong to whom? According to the ninth amendment, rights not listed in the Bill of Rights belong to the people. The tenth amendment states that powers not given to the national government are reserved for whom? According to the tenth amendment, powers not specifically given to the national government are reserved for the people and the states. What is meant by the term “double jeopardy”? The term “double Jeopardy” refers to a person being retried for a crime in which he has already been acquitted, or found “not guilty”. What does it mean to be indicted by a grand jury? To be indicted by a grand jury means that a person will be going to trial and will retain all of the rights listed in the fifth, sixth, seventh, and eighth amendments.

Amendments to the U.S. Constitution

The Amendments to the U.S. Constitution, create scenarios and have students guess which amendment (name the right(s)) that the scenario violates

Dred Scott was born enslaved in Virginia in 1799. In 1833, he was purchased by Dr. John Emerson, an army surgeon, living in Missouri. At the time, the U.S. was divided into free states (where slavery was outlawed) and slave states (where slavery was allowed). The Missouri Compromise of 1820 made Missouri a slave state. But it also outlawed slavery in any territory north of it. In 1833, Dr. Emerson was assigned to a fort in Illinois, and later, a fort in the Wisconsin Territory. He took Dred Scott with him. They lived in these areas for years. Even though slavery was outlawed in both places, Emerson never freed Scott. Eventually, Scott was sent back to Missouri to live with Emerson’s wife, Eliza Sanford*. After the doctor died in 1843, Scott tried to buy his freedom. Sanford refused. With the support of his church, abolitionists, and friends, Scott sued to get it. His case ended up going all the way to the Supreme Court. The Arguments Scott sued using two Missouri laws. One said any person held in wrongful enslavement could sue for their freedom. The other stated any person taken to a free territory was automatically free, and could not be re-enslaved. Sanford argued that the Missouri laws applied only to someone moving to free areas by choice. Dr. Emerson was ordered by the army to move to his posts. Sanford also said that military authority was greater than the states’. And since they lived on military bases, Emerson did not have to follow state or territory laws. The Decision In a 7–2 decision, the Court ruled that Dred Scott was not free. Chief Justice Roger Taney stated that all people of African descent, free or enslaved, were not U.S. citizens. They did not have rights, like the power to vote or sue in court, so Scott’s case was invalid. But Taney did not stop there. He added that, because enslaved people were property, the Fifth Amendment protected the rights of enslavers. The Fifth Amendment says the government can’t take someone’s property without going through the courts or paying for it. Laws that banned slavery, like the Missouri Compromise, were unconstitutional. No level of government, Taney said, state or federal, could outlaw slavery.

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