2. 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
3. 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
4. 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
5. 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
6. The Remaining Amendments of
the Bill of Rights
G ris wo ld v. Co nne c tic ut (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
7. 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
8. 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
9. 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
10. 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
11. 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
12. 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
13. Amendments Related to Election
and Structure of Congress
12th Amendment (1804)
14th Amendment (1868)
Established the electoral system
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
14. Amendments Related to Election
and Structure of Congress
20th Amendment (1933)
Established the term of the president and vicepresident 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
15. Amendments Related to Election
and Structure of Congress
22nd Amendment (1951)
23rd Amendment (1961)
Restricted the term of presidency to two terms
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
16. 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-ofliving raises which has not been considered the
same as an actual raise
17. 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
18. 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
20. 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
21. 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