United States Constitution

“A Living Document”

Adapts to the changes of society

1. Amendments (27)

2. Supreme Court Cases (150) ** reinterpret the Constitution

Articles of the US Constitution

I – Legislative Branch II – Executive Branch III – Judicial Branch IV – States V – Amendments Process VI – National Supremacy VII – Ratification

Article I – Legislative Branch

Senate (equal – 100 / 6 yr term) * 30 yrs. / Citizen for 9 yrs.

House of Representatives (population – 435 / 2 yr term) * 25 yrs. / Citizen for 7 yrs.

Make our laws Appropriate Money Regulate Immigration Establish Post Offices and Roads Regulate Interstate Commerce and Transportation Declare War Elastic Clause – make all laws necessary and proper

for executing a listed power.

Article II – Executive Branch President / Vice-President / Cabinet 4 yr terms / 35 yrs and natural-born Chief Executive Chief of State Chief Legislator Chief Diplomat Commander in Chief of Armed Forces Treaties / appointments

Article III – Judicial Branch

Supreme Court and other Federal Courts Preserve and protect the rights guaranteed

by the Constitution Considers cases involving national laws Declares laws and acts “unconstitutional” –

Judicial Review

Article IV – States

Legislative and judicial actions of one state must be honored by others

Citizens of states have the same privileges Adding new states to the Union

– republic

Guarantees protection

Article V – Amendments Amendment Facts… Amendments – formal changes to the text of the

Constitution Ways to propose…

– 2/3 votes of the House and Senate– National Convention called by 2/3 of states

• Note – has never been done

Ways to ratify (approve)…– Legislatures in ¾ of states– Each state holds a ratifying convention and ¾ approve.

(done once – 21st)

Article VI – National Supremacy

Supremacy Clause The Constitution, laws of the US, and

treaties entered into by the US are the supreme law of the land

Article VII – Ratification

Approval of 9 of the 13 states was required to ratify the Constitution

Delaware – 1st to ratify (Dec. 1787) Rhode Island – last to ratify (May 1790)

Six Basic Principles

1. Popular Sovereignty 2. Limited Government 3. Federalism 4. Separation of Powers 5. Checks and Balances 6. Judicial Review

1. Popular Sovereignty

The people hold the ultimate authority A representative democracy lets the people

elect leaders to make decisions for them.

2. Limited Government

Framers wanted to guard against tyranny Government is limited to the power given

them in the Constitution. The Constitution tells how leaders who

overstep their power can be removed

3. Federalism The division of power between State and

National Governments Some powers are shared (Concurrent)

– Taxes, establish courts, charter banks

The National Government has the “supreme power” (Article VI – Supremacy Clause)

Delegated Powers – Federal Govt. – Regulate trade, raise army, crimes against US

Reserved Powers – State Govt. – Schools, elections, business within state

4. Separation of Powers

No one holds “too much” power Legislative branch makes the laws Executive branch carries out the laws Judicial branch interprets the laws

5. Checks and Balances

Prevents the abuse of power in government Each branch can check each other branch

Executive Checks

Propose laws to Congress Veto laws made by Congress Negotiate foreign treaties Appoint federal judges Grant pardons to federal offenders

Legislative Checks

Override president’s veto Ratify treaties Confirm executive appointments Impeach federal officers and judges Create and dissolve lower federal courts

Judicial Checks

Declare executive acts unconstitutional Declare laws unconstitutional Declare acts of Congress unconstitutional The Supreme Court holds the final check

Bill of Rights

Guarantees citizens certain rights, freedoms and protections

1st – 5 freedoms (religion, speech, press, peaceful assembly, petition the govt)

2nd – bear arms (firearms) 3rd – no quartering of soldiers 4th – no unreasonable search and seizure 5th – no double jeopardy, “I plead the fifth” – don’t

have to testify against oneself, due process

Bill of Rights cont…

6th – speedy trial, confront witnesses against oneself, subpoena witnesses, have attorney

7th – jury trial in civil suit 8th – no cruel or unusual punishment, no

excessive bail or fines 9th – does not deny right not specifically

mentioned in the Const. 10th – states (people) have powers not

granted to federal govt or denied to states

Post Civil War Amendments Aimed at correcting wrongs committed against

African Americans during the slavery era 13th – abolished slavery for all races, unless

convicted of a crime 14th – made anyone born in the US a citizen and

guaranteed due process and equal laws to all (regardless of race or ethnicity)

15th – no one could be denied the right to vote because of race or previous enslavement

FREE CITIZENS VOTE (13 / 14 / 15)

19th Amendment Women’s Suffrage Amendment Background…

– Women campaigned for voting rights since the end of the Civil War (15th)

– By 1911 – 6 states allowed women to vote (W)– Susan B. Anthony suggested amendment

• Civil Disobedience• NAWSA – National American Women Suffrage Association

– WWI increased support • Suffragettes supported the war effort• Millions of women took the place of men in the factories• Many though it was unfair to fight for democracy in Europe,

while we did not have it in the US“The right of citizens of the US to vote shall not be denied or

abridged by the US or by any state on the account of sex.”

26th Amendment Guaranteed those 18 yrs and older the right

to vote in every state Background…

– Voting age was 21– Jennings Randolph (WV-1941)

• If they are old enough to be drafted and go to war, then they are old enough to vote (WWII)

– Support increased over time• Pres Eisenhower and Johnson supported• Vietnam helped gain support

– Oregon lowered the age and this was overturned – increase the effort to change

Marbury v. Madison (1803)

TJ won the 1800 election / Adams lost (3rd) Adams appointed 58 newly created federal judges as

he was leaving office Sec of State (John Marshall) was to deliver the

commissions (did not deliver 17)– Thought new Sec of State (Jame Madison) would finish

delivering the rest (he did not)

William Marbury sued Madison because he did not receive his commission and could not take office– Wanted a writ of mandamus – court order requiring

Madison to perform his duty

Marbury v. Madison cont.

Decision…– Marbury entitled to commission but…– Cannot issue the writ because allowing the SC

to issues writs is unconstitutional – Judiciary Act of 1789

Why important…– Established the power of Judicial Review– SC has the power to review acts of other

branches and determine their constitutionality

Judicial Review

The judicial branches most important check on the executive and legislative branch

The power of the judicial branch to determine whether laws and actions are constitutional or not

Supreme Court has the power to strike down any law passed by Congress or signed by the President

Constitution does not specifically state as a power

Jim Crow Laws

After Reconstruction, many southern states passed laws intended to bypass rights guaranteed by the CW Amendments 13-15

Required racial segregated facilities for black and whites– Ex…schools, restaurants, train, bus, hospitals,

drinking fountain– Poll taxes and literacy tests for voting

Plessy v. Ferguson (1896) Background… LA passed a law that required AA to sit in

separate RR cars Homer Plessy – (~7/8 white / 1/8 black) sat in a

RR car reserved for whites HP ordered to move – he refused and was arrested HP took the case to court arguing it violated the

14th

Judge John Ferguson ruled against HP and found him guilty

HP appealed to the LA Supreme Court – ruling upheld

HP appealed to US Supreme Court

Plessy v. Ferguson cont… Decision… Ruled LA SC was not in violation of the

14th (equal protection under law) – 8 to 1 Separate facilities were legal if they were

equal (“separate but equal”) Set legal precedent (example to be

followed) Public saw this as approval of racial

segregation Led to racial segregation for the next six

decades

Brown v. Board of Education of Topeka (1954)… Background… Linda Brown attend a black elementary school White school was just a few blocks from her home, but she

had to walk a mile to the black school through a dangerous RR yard

Linda’s father (Oliver) tried to convince the white school to admit his daughter, but they refused

Sued the school system with the help of the NAACP Wanted to end segregation – made blacks feel inferior to

whites (unequal) Judges (Kansas court) agreed that segregation could harm

black children, but…they ruled against Brown Justification was precedent of Plessy case 1951- decision appealed to SC (no decision)

Brown v. Board cont…

Decision… 1953 – SC reheard the case (unanimous) Overturned the “separate-but-equal”

doctrine established by Plessy Ordered desegregation of all schools in the

US Did not address other forms of

desegregation Expanded protection of the 14th Amendment

University of California v. Bakke (1978) Background… White man (Alan Bakke) applied to Ucal Med

School twice (rejected twice) As part of an Affirmative Action program…16 slots

were reserved for minorities…(AA – programs to help minorities to make up for past injustices)

Bakke’s qualifications were overall higher than those minorities who were accepted

Bakke sued Ucal on the basis of reverse discrimination (denied admission because of race violated the 14th Amendment)

University of California vs. Bakke cont… Decision (split 5 to 4) Quotas based solely on race violated the

equal protection clause of the 14th

Race could be a criterion for admission as long as there are other variables (this is a compelling govt interest)

Ruled in favor of Bakke and allowed admission, but allowed affirmative action programs to continue

Restrictions of the Rights of US Citizens… Rights are relative…not absolute! Examples…

– Freedom of Religion – does not mean you can perform human sacrifice

– Freedom of Speech – does not mean you can threaten physical harm or make false statements to create a panic

Restrictions of the Rights of US Citizens… When can your right be limited by the

government?– Clear and Present Danger– Compelling Government Interest– Libel/Slander (written/spoken)– National Security– Public Safety– Equal Opportunity

Examples of times when individual rights have been restricted… WWI / Clear and Present Danger

– When the nation is threatened by an enemy Espionage Act (1917)

– Outlawed interference with the draft and troop recruitment, encouraging disloyalty, inciting insubordination, obstructing the sale of govt bonds, disclosure of info that could jeopardize national defense

– 20 yrs. Imprisonment / $10,000 fine if convicted (over 2000 convicted)

Schenk v. United States (1919)

Charles Schenk (Socialist) sent 15,000 flyers to recent draftees urging them to refuse service

SC stated clear and present danger as one reason that freedom of speech could be restricted

Debs v. United States (1919)

Eugene Debs (Socialist) gave a speech entitled “Socialism is the Answer”

“…you are fit for something better than slavery (democracy/capitalism)…”

10 yrs of prison SC stated clear and present danger /

national security as justification

Abrams v. United States (1919)

Jacob Abrams punish for distributing leaflets that criticized the US govt for sending troops to Russia– Due to Sedition Act (amendment to EA)

SC upheld but altered view – deprived rights of Constitution

USA Patriot Act (Sept. 11, 2001)

Rights restricted regarding privacy Some feel this is unconstitutional others

feel its necessary Justification…

– Clear and present danger– National Security– Public Safety

Conscientious Objectors…

WWI – Espionage/Sedition Act Military Service Act of 1917 – established a draft

for men ages 21 to 31 (later 18-45) CO – refused service (some because of religion) Those who objected to war because of religion

would noncombatant service or other civilian jobs – if refused…they were jailed

500 CO s were jailed for refusing service

Protecting children from “indecent” content on TV/Int. Communication Decency Act (1996)

– Restrictions on what can be on the Internet– SC struck this down stating it did not define

terms– Shows there are disagreements on what is a

compelling government interest