THE UNITED STATES

CONSTITUTIONARTICLES I-VII

THE BILL OF RIGHTS

AMENDMENTS 11-27

PREAMBLE

• “ WE, THE PEOPLE OF THE UNITED STATES, IN ORDER TO FORM A MORE PERFECT UNION, ESTABLISH JUSTICE, ENSURE DOMESTIC TRANQUILITY, PROVIDE FOR THE COMMON DEFENSE, PROMOTE THE GENERAL WELFARE, AND SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY, DO ORDAIN AND ESTABLISH THIS CONSTITUTION FOR THE UNITED STATES OF AMERICA.”

ARTICLE I: THE LEGISLATIVE BRANCH (Lawmaking)

• Congress – bicameral (2 houses)

• -House of Representatives (proportional)

• -Senate (equal representation)

A LOOK AT THE HOUSE(Lower House)

• Qualifications: 25 yrs., citizen for 7 yrs., and resident of the state

• -Term: 2 years

• -Number of members: 435

• -Presiding officer: Speaker (majority party)

• -Impeachment process: brings charges (to “impeach”)

A LOOK AT THE SENATE(Upper House)

• -Qualifications: 30 yrs., 9 yrs. citizen, resident

• -Term: 6 yrs., staggered elections

• -Number: 2 per state = 100

• -Presiding offer: President of the Senate (V.P.)

• -Officer in charge: President Pre Tempore

• -Impeachment process: convicts and removes

POWERS GRANTED TO CONGRESS

• -Money • Raise & spend taxes• Regulate trade• Borrow money• Post Office• Coin Currency• Copyrights, patents • NO LETTERS OF

MARQUES AND REPRISAL

POWERS GRANTED TO CONGRESS…CONTINUED

• -Courts

• Creates federal court system

• Federal Judges approved by Senate

POWERS GRANTED TO CONGRESS…CONTINUED

• Make War

• Only Congress can declare war!

• NO FORMAL DECLARATION OF WAR SINCE 1941

POWERS GRANTED TO CONGRESS…CONTINUED

• -The “Elastic Clause” (Article I, section 8, clause 18)

• Allows Congress to pass laws not described in Constitution provided they are “necessary and proper.”

POWERS DENIED THE FEDERAL GOVERNMENT

• Slave trade: ends in 1808

• (This was a compromise between North and South to encourage ratification)

POWERS DENIED TO CONGRESS…CONTINUED Pre-

Bill of Rights Protections

• Habeas Corpus: “show cause” for arrest and holding a suspect for a crime

POWERS DENIED TO CONGRESS…CONTINUED Pre-

Bill of Rights Protections

• No Bill of Attainder: cannot punish a person w/o trial

• ELIZABETHAN ENGLAND: Bill of Attainder required merely a suspicion of guilt, King’s/Queen’s signature

POWERS DENIED TO CONGRESS…CONTINUED Pre-

Bill of Rights Protections• NO EX POST FACTO

LAWS

• cannot punish a person for an act that was not a crime at the time the act was committed

POWERS DENIED TO STATES

• NO: foreign policy, can’t declare war, anti-rights laws, export/import taxes

ARTICLE II – THE EXECUTIVE

(LAW ENFORCING BRANCH)• A LOOK AT THE

PRESIDENT• -Qualifications: 35 yrs.,

14 yrs. resident, natural-born citizen

• -Term: 4 years; limited to two terms by amendment

• -Vacancies: Vice-Presidential succession

METHOD OF PRESIDENTIAL ELECTION

• -Elected by Electoral College: 1st Tuesday after 1st Monday in November every four years

• POPULAR VOTE (YOU AND ME) ELECT THE ELECTORS

• ELECTORS THEN ELECT PRESIDENT & V.P.

THE ELECTORAL PROCESS

• EACH STATE’S ELECTORS IS:

• NUMBER OF SENATORS (2)

•+ (PLUS)• NUMBER OF

REPRESENTATIVES

• Oath of Office: promises to protect/defend Constitution

• -Powers: Head of military, pardons, treaties, appointments (Senate)

• -Duties: State of the Union, receive/reject foreign diplomats

PRESIDENT’S 7 “HATS”OFFICIAL:• CHIEF EXECUTIVE – enforces

laws• CHIEF DIPLOMAT – conducts

foreign relations• HEAD OF STATE – ceremonial

role as leader• CHIEF LEGISLATOR – signs

bills into law• COMMANDER-IN-CHIEF –

head of Army, Navy, Air Force, Marines.

UNOFFICIAL:6. PARTY CHIEF – main figure in

Republican or Democratic Party7. DIRECTOR OF ECONOMY -

IMPEACHMENT - REMOVAL

• Impeachment: treason, bribery, high crimes, misdemeanors

• IMPEACH: TO BRING CHARGES OF WRONGDOING

• HOUSE- impeaches• SENATE – tries,

removes

ARTICLE III:THE JUDICIAL BRANCH (Law

Interpreting)

• A LOOK AT THE SUPREME COURT

• -The Supremes: 8 Associate Justices, 1 Chief Justice (9 total)

• -Term: appointed for life, (but impeachable)

• -Jurisdiction: original, appellate

• -Treason

THE RHENQUIST COURT, 2004

CHIEF JUSTICE, WILLIAM RHENQUISTAPPOINTED BY: NIXON, 1972APPOINTED CHIEF JUSTICE, 1986 (REAGAN)

JUSTICE JOHN PAUL STEVENSAPPOINTED BY: FORD, 1975

JUSTICE ANTONIN SCALIAAPPOINTED BY: REAGAN, 1986

JUSTICE SANDRA DAY O’CONNORAPPOINTED BY: REAGAN, 1981

JUSTICE ANTHONY KENNEDYAPPOINTED BY: REAGAN, 1986

JUSTICE DAVID SOUTERAPPOINTED BY: BUSH, SR. 1990

JUSTICE CLARENCE THOMASAPPOINTED BY: BUSH, SR., 1991

JUSTICE STEPHEN BREYERAPPOINTED BY: CLINTON, 1994

JUSTICE RUTH BADER GINSBURGAPPOINTED BY: CLINTON, 1993

ARTICLE IV: RELATIONS AMONG THE STATES

• -citizenship, extradition, fugitive slaves, republicanism

• FULL FAITH AND CREDIT PROVISION- States must recognize laws of other States.– Marriage– College degrees– Citizens traveling must obey laws where they

are, not of home State

ARTICLE V: AMENDING THE CONSTITUTION

• PROCESSES BY WHICH CONSTITUTION OPERATES CAN BE CHANGED, THOUGH NOT EASILY

• Two methods for proposing amendments– 2/3 vote for the amendment in both houses of Congress.– 2/3 of states at a national convention for the proposed

amendment.

• Two methods for ratification– ¾ of state legislatures approve the amendment.– ¾ of state conventions approve the amendment

ARTICLES VI, VIINATIONAL SUPREMACY,

RATIFICATION• ARTICLE VI

• CONSTITUTION IS SUPREME LAW OF THE LAND

• TAKES PRECEDENCE OVER STATE, LOCAL LAW

• ARTICLE VII

• OF ORIGINAL 13 STATES, 9 MUST RATIFY (APPROVE)

• RATIFIED 1788, FIRST PRESIDENT, CONGRESS, SUPREME COURT WERE INSTALLED in 1789

THE BILL OF RIGHTS

• THE BILL OF RIGHTS INCLUDES AMENDMENTS (CHANGES) 1-10.

• ANTI-FEDERALISTS DEMANDED A BILL OF RIGHTS IN ORDER TO AGREE TO CONSTITUTION.

• 12 ORIGINALLY PROPOSED, 10 PASSED, 1789-1791

(1791) AMENDMENT 1:PERSONAL FREEDOMS (5

Freedoms)• CONGRESS SHALL MAKE NO LAW

RESTRICTING THE FREE EXERCISE OF – SPEECH, – FREEDOM OF THE PRESS, – PEACEABLE ASSEMBLY, – FREEDOM OF RELIGION, – RIGHT TO PETITION

1ST AMENDMENT - FREEDOM OF SPEECH

• LAWS CAN NOT SUPRESS CRITICISM OF GOVERNMENT, UNPOPULAR SPEECH

• LIMITS, SLANDER, TREASON, “CLEAR AND PRESENT DANGER”

FIRST AMENDMENT – FREEDOM OF PRESS

• CARL BERNSTIEN, BOB WOODWARD • PRESS – PRINTED

MEDIA

• LIMITS - LIBEL, “CLEAR AND PRESENT DANGER”

FIRST AMENDMENT – FREEDOM OF RELIGION

• NO ESTABLISHED CHURCH, NO INTERFERENCE

• LIMITATION: ENDANGERMENT

• NO RELIGIOUS TEST FOR OFFICE

FIRST AMENDMENT – FREEDOM OF ASSEMBLY

• CITIZENS MAY ASSEMBLE IN PROTEST / SUPPORT OF AN ISSUE

• LIMITS: LOITERING, TRESSPASSING, VAGRANCY

FIRST AMENDMENT – RIGHT TO PETITION

• CITIZENS MAY PETITION ANY GOVERNMENT AGENCY OR OFFICIAL FOR CHANGE; TELL GRIEVANCES, WITHOUT PAYBACK OR PUNISHMENT

SECOND AMENDMENT – RIGHT OT BEAR ARMS

• ORIGINAL INTENT: FRONTIER PEOPLE MUST DEFEND HOMES THROUGH MILITIA SYSTEM

• 21ST CENTURY INTERPRETATION IS CONTROVERSIAL ISSUE

THIRD AMENDMENT – QUARTERING TROOPS

• TROOPS MAY NOT BE HOUSED IN CITIZENS’ HOMES WITHOUT CONSENT

• RESPONSE TO 1765 QUARTERING ACT

4TH AMENDMENT – PROTECTION IN SEARCH - SEIZURE• ANY SEARCH /

SEIZURE MUST BE REASONABLE:– WARRANT– PROBABLE CAUSE– IMMEDIATE

KNOWLEDGE OF CRIME

– CONSENT

4TH AMENDMENT CONTINUED• COURT CASE NEW

JERSEY v TLO (1985)

• SHCOOLS ONLY NEED “REASONABLE SUSPICION” TO SEARCH

• “REASONABLENESS” IS LOWER STANDARD IN SCHOOLS THAN IN SOCIETY AT LARGE

5TH AMENDMENT – RIGHTS OF ACCUSED

• PROTECTION AGAINST SELF-INCRIMINATION “You have the right to remain silent…”

• SUSPECTS CAN NOT BE MADE TO TELL ON THEMSELVES

5TH AMENDMENT CONTINUED

• PROTECTION AGAINST “DOUBLE JEOPARDY”

• CAN NOT BE TRIED FOR A CRIME ONCE ACQUITTED

6TH AMENDMENT

• RIGHT TO FAIR AND SPEEDY TRIAL

• RIGHT TO AN ATTORNEY

• RIGHT TO FACE ACCUSER(S)

• RIGHT TO JURY OF ONE’S PEERS

7TH AMENDMENT – CIVIL SUITS

• JURY TRIAL GUARANTEED IF AMOUNT IS OVER $20.

• TODAY, MOST STATES AGREE AMOUNT IS $5,000

8TH AMENDMENT – PROTECTION AGAINST CRUEL AND

UNUSUAL PUNISHMENT• TORTURE USED IN

RENAISSANCE ENGLAND

• INTENT IS TO PREVENT BARBARIC EXECUTION, TORTURE TO COERCE CONFESSION

9TH AMENDMENT – POWERS RESERVED TO THE PEOPLE

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

• ESTABLISHES “LIMITED GOVERNMENT”

10TH AMENDMENT – POWERS RESERVED TO THE STATES

• POWERS NOT SPECIFICALLY GIVEN (ENUMERATED) TO FEDERAL ARE RESERVED TO STATE GOVERNMENTS

                                                                                                                                                 

           

THE REMAINIGNG AMENDMENTS

AMENDMENTS 11-27

11TH AMENDMENT – SUITS AGAINST STATES

• SUITS AGAINST STATES ORIGINATE IN STATE (NOT FEDERAL) COURT

12TH AMENDMENT – PRESIDENTIAL ELECTION

• RESULT OF 1796 ELECTION

• ELECTORS CAST 2 BALLOTS, ONE FOR PRESIDENT, ONE FOR V.P.

• PRES. / V.P RUN AS A TEAM

13TH AMENDMENT

• CIVIL WAR AMENDMENT

• ABOLISHED SLAVERY

• ENOUGH SAID

14TH AMENDMENT• CIVIL WAR

AMENDMENT• CITIZENSHIP

DEFINED (RESULT OF DRED SCOTT)

• “EQUAL PROTECTION” UNDER LAW ESTABLISHED

15TH AMENDMENT – BLACK SUFFRAGE

• CIVIL WAR AMENDMENT

• RIGHT TO VOTE (SUFFRAGE) GRANTED TO AFRICAN-AMERICAN MEN

• SORRY, LADIES…NOT YET

16TH AMENDMENT – INCOME TAX

• CONGRESS HAS THE POWER TO LAY AND COLLECT TAXES ON PERSONAL INCOME

17TH AMENDMENT - DIRECT ELECTIONS OF SENATORS

• SENATORS (AS OF 1913) ELECTED BY EACH STATES POPULATION

• FORMERLY, SENATORS CHOSEN BY STATE LEGISLATURES

18TH AMENDMENT – PROHIBITION OF ALCOHOL

• SALE, MANUFACTURING, TRANSPORTATION OF ALL ALCOHOL MADE ILLEGAL

19TH AMENDMENT – WOMENS’ SUFFRAGE

• RIGHT TO VOTE AND NOT BE DENIED OR ABRIDGED BY THE FEDERAL OR STATE GOVERNMENTS ON ACCOUNT OF SEX

20TH AMENDMENT – PRESIDENTIAL ELECTION

• SHORTENED THE “LAME DUCK” PERIOD

• PREDISENTIAL INAUGURAL MOVED FROM MARCH 4 TO JANUARY 20 AT NOON

21ST AMENDMENT – REPEALED THE 18TH

• SO, PEOPLE STARTED DRINKING AGAIN…LEGALLY, THAT IS.

22ND AMENDMENT – THE PRESIDENCY AGAIN…TERM LIMITS

• PRESIDENT IS LIMITED TO 2 TERMS, NOT NECESSESARILY CONSECUTIVE

• MORE THAN 2 YEARS OF FILLING A VACANCY COUNTS AS 1 TERM

• TOTAL TERM LIMIT = 10 YEARS

                                                       

23RD AMENDMENT – ELECTORS FOR D.C.

• DISTRICT OF COLUMBIA GAINED SAME NUMBER OF ELECTORS AS THOUGH IT WERE A STATE

• (CURRENTLY 3)

24TH AMENDMENT – ABOLISHED POLL TAX

• “JIM CROW” ERA PRACTICE TO EXCLUDE AFRICAN-AMERICAN VOTERS FROM VOTING

• POLL TAX MADE UNCONSTITUTIONAL

25TH AMENDMENT – YET AGAIN, THE PRESIDENCY (PRESIDENTIAL

SUCCESSION)• IF PRES DIES, RESIGNS, OR

IS REMOVED, V.P. BECOMES PRES

• PRES CAN SIGN OVER EXECUTIVE AUTHORITY TO V.P.

• MAJORITY OF CABINET CAN GIVE EXEC POWER TO V.P.

26TH AMENDMENT – 18-YEAR-OLDS GRANTED SUFFRAGE

• RESPONSE TO VIETNAM WAR

• MOST STATES’ VOTING AGE WAS 21 (GA WAS 18!!!)

• AVERAGE AGE IN VIETNAM WAS 19

27TH AMENDMENT – CONGRESSIONAL PAY RAISES

• CONGRESS MUST PAY ITSELF, AS IT HAS THE PURSE STRINGS

• CONGRESS CAN’T COLLECT ON A PAY RAISE UNTIL AFTER THE NEXT ELECTION

• RESPONSE TO 1988 “MIDNIGHT PAY RAISE”

HOORAY!!!!!