Constitutional Law

Unit IIChapter 36 - 42

Introduction to Constitutional Law

Chapter 36

Background

• The Constitution:– Establishes the framework

of our government (Articles I – VII)

– Acts as the supreme law of the land

– Guarantees certain basic rights

– Endures through the amendment process

Background

• Protections– Constitutional Protections

• Fundamental protections that cannot be denied and are very difficult to change

– Statutory Protections (i.e. Laws) • Represent the collective wisdom of the

majority• Can be amended or repealed by legislatures

• Interpretations– Strict constructionist– Loose constructionist

ConstitutionalAmendments

EITHER …PROPOSED by 2/3 vote in BOTH Houses of

Congress

Or…PROPOSED by a national convention called by

Congress at the request of 2/3 of the states

RATIFIED by the legislatures of 3/4 of the states

RATIFIED by conventions in 3/4 of the states (Constitution

originally ratified by conventions)

PROPOSAL STAGE RATIFY STAGE

Used 26 times

Used 1 time (21st Amend)

NEVER used

Amendments to the Constitution

• What are they? – Make a crib sheet

• Some interesting failed Amendments

• What is important to you?– Handout

Constitutional Law Principles

• The rights guaranteed in the Constitution are not absolute – Balancing test

• The Constitution protects citizens from actions by the government

• Enforcing one’s rights is time consuming and expensive

• Constitutional Floor – no level of gov’t can take away rights.

• However, governments can grant greater rights

Quiz Ch. 36

1. The __________ is the framework of American government, establishing the branches of government and basic rights.a. Magna Cartab. Declaration of Independencec. Constitutiond. Federalist Papers

Quiz Ch. 36

2. The Constitution can be changed __________.a. by order of the presidentb. in no wayc. by two different amendment processesd. by one amendment process

Quiz Ch. 36

3. __________ individual rights were included in the original Constitution.a. Nob. A fewc. Manyd. All

Quiz Ch. 36

4. The Bill of Rights was added in 1791 to protect Americans against the overuse of power by the __________.a. federal governmentb. federal and state governmentsc. executive branchd. large business owners

Quiz Ch. 36

5. Through interpretations of the Fourteenth Amendment, __________ protections in the Bill of Rights apply to state and local government.a. allb. mostc. nod. a few

Quiz Ch. 36

6. Rights guaranteed in the Constitution __________.a. are absoluteb. cannot by their nature conflict with other rightsc. may be limited when they conflict with other rightsd. are guidelines which the government may observe if

they don't conflict with government policy

Quiz Ch. 36

7. An example of a test used by the courts to determine how a freedom of speech case should be decided is __________.a. someone yells "Fire!" in a crowded theaterb. considering that Congress is forbidden to make laws

abridging the freedom of speechc. balancing the danger to the public against the benefit

to an individual making the speechd. the percentage of people willing to accommodate that

right in society

Quiz Ch. 36

8. The Constitution protects individuals from certain actions by __________.a. private citizensb. businessesc. organizationsd. the government

Quiz Ch. 36

9. If your mother entered your locked bedroom and removed your diary and read it, she would have violated __________ rights under the Constitution.a. privacyb. privacy and free speechc. free speechd. none of your

Quiz Ch. 36

10. When your rights have been violated, you should __________.a. get a lawyer to sueb. consider whether to enforce your rights since it can be

costly and time-consumingc. file a complaint with the civil liberties organizationd. accept it as the price to pay for living in a democracy