THE REMAINING AMENDMENTS AND A RETURN TO THE CONSTITUTION

Chapter 14

Introduction

The Constitution affects every American’s life

There will continue to be constitutional cases, analysis and research

The most well-known amendments have been discussed thus far

There are four remaining amendments of the Bill of Rights that will be looked at in this chapter 3rd, 7th, 9th, and 10th

The Remaining Amendments of the Bill of Rights 3rd Amendment

Prohibits housing soldiers in private homes during peacetime without the owner’s consent and during the wartime without legal process

This amendment has never been subjected to Supreme Court review, it holds historical relevance and stands for the general principle that government is to leave people alone without compelling cause

The Remaining Amendments of the Bill of Rights 7th Amendment

This amendment establishes the right to a federal jury trial for all suits at common law if the value is more than $20 Legal controversies arising out of civil law rather than

criminal law Extends the right to a jury trial to civil proceedings To determine whether this amendment is a right

to a federal jury trial is bases on whether a suit involves legal issues similar to issues raised in cases for which federal jury trial were granted by common law

The Remaining Amendments of the Bill of Rights

9th Amendment Established that the rights of U.S. citizens

extend beyond those listed in the Constitution This amendment is largely historical Rights not specifically listed in the Bill of Rights

were known as unenumerated rights Right to privacy, right to interstate and international

travel, right to vote and freedom of association The right to privacy has been referred to by the

Supreme Court and has been used to infer such a right, but the 9th Amendment does not guarantee this right

The Remaining Amendments of the Bill of Rights Griswold v. Connecticut (1965)

Considered to be the first case in which the Supreme Court addressed the 9th Amendment

The 9th Amendment “shows a belief of the Constitution’s authors that fundamental rights exist that are not expressly enumerated in the first eight amendments and an intent that the lists of rights… not be exhaustive.”

There are certain zones of privacy Areas into which the government may not intrude

The Remaining Amendments of the Bill of Rights 10th Amendment

This amendment embodies the principle of federalism A principle whereby power is shared by the

national government and the states The powers not delegated to the United States

by the Constitution, nor prohibited by the States, are reserved to the States respectively, or to the people

Seeks to ensure to all people that the federal government will not get to powerful

10th Amendment

Delegated powers Powers of the national government, both

enumerated and implied by legal authority They were delegated or entrusted to the

national government by the states and the people

Reserve powers Powers retained by the states

Primary reserve power is police power

Amendments Beyond the Bill of Rights Additional amendments have come and gone Proof that the Constitution possesses the

ability to respond to America’s needs 11th Amendment (1795)

This amendment is the only one that deals with the judicial power of the federal government and is actually more an administrative directive

It was introduced the day after the high court ruled that a citizen of one state had the right to sue another

Amendments Beyond the Bill of Rights 13th Amendment (1865)

Abolished slavery This amendment overturned the Supreme

Court’s Dred Scott decision Using an amendment to overturn a specific

Supreme Court decision is rare, dramatic and a good illustration of the checks and balances in the U.S. government

Amendments Beyond the Bill of Rights 14th Amendment (1868)

Due process Equal protection of the law The Supreme Court has chosen, through case

law and common law, to selectively apply certain amendments to both federal and state governments through selective incorporation

Selective incorporation- provision of the Bill of Rights are applied to the states through the due process clause

Amendments Related to Election and Structure of Congress Not all amendments and other portions

of the Constitution deal directly with specific rights and liberties

Seven amendments deal in detail with numerous matters related to how the federal government is to be structured and its officials elected

Amendments Related to Election and Structure of Congress 12th Amendment (1804)

Established the electoral system

14th Amendment (1868) Established how representatives are

apportioned and what their qualification are

17th Amendment (1913) Describes how the U.S. Senate is to be

composed, the qualifications required and how vacancies are to be filled

Amendments Related to Election and Structure of Congress 20th Amendment (1933)

Established the term of the president and vice-president end at noon on the 20th day of January, and the terms of senator and representatives end at noon on the 3rd day of January

Also established how often Congress meets and the chain of succession if the president is no longer able to carry out the responsibilities of the office

Amendments Related to Election and Structure of Congress

22nd Amendment (1951) Restricted the term of presidency to two terms

23rd Amendment (1961) Gave representation to the district that

constitutes the seat of government of the United States, that is to the District of Columbia

25th Amendment (1967) Established procedures for filling vacancies and

for actions to take should the president be unable to discharge the powers and duties of the office

Amendments Related to Election and Structure of Congress 27th Amendment (1992)

To prevent Congress from setting its own salary because of the apparent conflict of interest

Congress has continued to give itself cost-of-living raises which has not been considered the same as an actual raise

Voting Rights

15th Amendment (1870) Required that the right to vote shall not be

denied because of race, color or previous condition of servitude

Black males were given to the right to vote

19th Amendment (1920) Required that the right to vote should not

be denied on account of sex Women get the right to vote 50 years after

black males

Voting Rights

24th Amendment (1964) Requires that the right to vote should not

be denied by reason of failure to pay any poll tax or other tax

26th Amendment (1971) Lowered voting age, giving the vote to U.S.

citizens 18 years of age and older

Taxes

16th Amendment (1913) Established the federal income tax Congress has the power to lay and collect

taxes on incomes

Prohibition

18th Amendment (1919) Prohibited the sale and purchase of

intoxicating liquors Enforcement was seen as hopeless because it

is not what the people wanted

21st Amendment (1933) Repealing the 18th article of the

amendment to the Constitution

Attempts at Other Amendments Various amendments have been proposed Congress has considered amendments prohibiting

the burning of the American flag and amendments establishing victim’s rights

2003 a Senate subcommittee approved a proposal to amend the Constitution to guarantee rights to crime victims

2003 a proposal to prohibit gay marriages was talked about This would deny rights to a group of people

Overall, Congress is reluctant to make significant changes by adding amendments