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U.S. Constitutional Amendments Relevant to Evidence

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Amendment VI

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Guarantees the rights to a speedy trial, public trial, impartial jury, notice of accusation, confrontation of opposing witnesses, and to counsel. Relevance: It influences evidence through the right to confront witnesses, thereby affecting the admissibility of hearsay and testimonial evidence.

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Amendment III

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Prohibits the quartering of soldiers in private homes without the owner's consent. Relevance: This amendment is rarely invoked in modern law and has a minimal direct impact on the rules of evidence in court.

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Amendment XXI

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Repeals the Eighteenth Amendment and ends the federal prohibition of alcohol. Relevance: By repealing prohibition, it eliminated the federal criminality around alcohol, thereby affecting the types of evidence relevant to alcohol-related cases.

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Amendment II

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Protects the right to keep and bear arms. Relevance: While not directly related to evidence rules, laws surrounding the right to bear arms can be subject to legal scrutiny that might engage evidentiary considerations in court.

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Amendment XI

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Limits the jurisdiction of federal courts to hear cases against a state by citizens of another state or a foreign country. Relevance: By shaping the jurisdictional reach of federal courts, it can indirectly affect the procedural context in which evidence is presented and assessed.

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Amendment XVII

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Establishes the direct election of United States Senators by popular vote. Relevance: This amendment does not directly concern evidence law but establishes a significant aspect of the democratic process.

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Amendment XV

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Prohibits the denial of the right to vote based on race, color, or previous condition of servitude. Relevance: This amendment generally does not impact evidence rules, but it is significant for litigation concerning the protection of voting rights.

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Amendment I

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Prohibits Congress from making laws that establish religion or prohibit free exercise of religion, or abridge freedom of speech, press, assembly, and petition. Relevance: It underpins the protection of rights to free speech and press, which can impact the admissibility of certain types of evidence in court.

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Amendment VIII

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Prohibits excessive bail, excessive fines, and cruel and unusual punishment. Relevance: Though not directly impacting rules of evidence, this amendment sets limits on the government's power to punish, which can indirectly influence prosecutorial evidence gathering and charging decisions.

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Amendment XIV

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Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, and the Equal Protection Clause. Relevance: The Due Process Clause has been interpreted to include a substantive component, which can impact the fairness and reliability of evidence admitted in court.

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Amendment IX

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Declares that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people. Relevance: This amendment can influence the interpretation of the Constitution as it pertains to evidence by acknowledging the existence of rights not explicitly written in the Constitution.

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Amendment VII

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Provides the right to jury trial in civil cases. Relevance: Impact on evidence is less direct but grants the opportunity for a jury to examine and weigh evidence presented in civil litigation.

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Amendment XII

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Revises the procedure for electing the President and Vice President. Relevance: It has no direct impact on evidence law, but it sets out important procedures for one of the highest levels of government administration.

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Amendment X

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Reaffirms the principle of federalism by providing that powers not granted to the federal government nor prohibited to the states are reserved to the states or the people. Relevance: It affects evidence indirectly by allowing states to establish their own rules of evidence, so long as they do not violate the federal Constitution.

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Amendment XIII

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Abolishes slavery and involuntary servitude, except as punishment for a crime. Relevance: While historically significant for civil rights, it has minimal direct impact on the rules of evidence in court proceedings.

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Amendment XIX

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Grants women the right to vote. Relevance: Like other suffrage amendments, it does not directly impact evidence law but is critical for understanding the development of civil rights and could be pertinent in discrimination cases.

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Amendment XX

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Changes the dates on which the terms of the President, Vice President, Senators, and Representatives begin and end. Relevance: It has little to do with evidence law and is primarily administrative, addressing the transition of governmental power.

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Amendment XVI

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Allows Congress to levy an income tax without apportioning it among the states or basing it on the United States Census. Relevance: Its relevance to evidence law is limited; however, it could come into play in cases involving tax evasion where evidence of income is at issue.

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Amendment XVIII

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Established the prohibition of alcoholic beverages in the United States. Later repealed by the Twenty-First Amendment. Relevance: When it was in effect, it had implications for evidence in cases regarding the illegal production, transportation, and sale of alcohol.

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Amendment IV

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Protects against unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. Relevance: It is the cornerstone for the exclusionary rule, whereby evidence obtained in violation of the Fourth Amendment is inadmissible in court.

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Amendment V

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Provides protection against self-incrimination, double jeopardy, and mandates due process of law. Relevance: It primarily affects evidence with its self-incrimination clause, which allows individuals to refuse to testify against themselves.

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Amendment XXIII

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Grants residents of Washington D.C. the right to vote for President and Vice President. Relevance: While significant for representation, it does not directly pertain to evidence law.

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Amendment XXII

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Limits the President of the United States to two terms or a maximum of ten years. Relevance: The amendment is unrelated to evidence law and instead pertains to the regulation of the executive branch's tenure.

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Amendment XXIV

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Prohibits the revocation of voting rights due to the non-payment of a poll tax or any other tax. Relevance: This amendment is related to voting and civil rights and does not address evidence law directly, but can be involved in litigation regarding voter suppression.

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Amendment XXV

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Addresses 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. Relevance: Relates more to government continuity than to evidence and is rarely involved in legal proceedings concerning evidence.

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Amendment XXVII

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Prevents laws that increase or decrease Congressional salary from taking effect until the start of the next set of terms of office for Representatives. Relevance: This amendment is concerned with Congressional compensation and does not influence evidence law in any direct manner.

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Amendment XXVI

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Lowers the voting age from 21 to 18 years old. Relevance: It extends the franchise to a broader segment of the population, but has no direct impact on the collection, presentation, or legal considerations of evidence in court cases.

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