CONSTITUTIONAL RIGHTSChapter 1An Historical Overview

Where is all Began

Constitution- a system of basic laws and principles that established the nature, functions and limits of a government or other institution Always written with a capital “C” US Constitution is considered “youthful”

Where is all Began Cont….

Rules that become laws are a part of any society

Law- a body of rules promulgated (established) to support the norms of a society, enforced through legal means, that is, punishment.

Contributions from the Past

American Law is young. Born in 1776. Most countries use years and years of tradition and law to serve them

History is the base on which our law was constructed

Investigating the events that have led to our present law will help to better understand both HOW and WHY we have the laws we do

The Great Melting Pot

There are representatives from every culture in America, and together they share in the historical development of our country and legal system. Their desire for something better is what makes American law unique in serving the pluralistic society.

The Great Melting Pot Cont… Pluralism- a society in which numerous

distinct ethnic, religious or cultural groups coexist within one nation, each contributing to the society as a whole

Native American began to band together in self-defense against the colonists

Living in a Pluralistic society creates a challenge to exercise tolerance and respect for the opinions, customs, traditions and lifestyles of others

Ethnic Population of the colonies in 1775

48.7% English 20% African (slaves) 7.8% Scots-Irish 6.9% German 6.6% Scottish

2.7% Dutch 1.4% French 0.6% Swedish 5.3% Other

*Native Americans were not on the list because they were not considered part of the colonies

1775 Three groups coexisted in the US

1. Native Americans2. African Slaves3. Colonists

The history of the United States has generally focused on the colonists

The colonists with the most wealth and power (white, male property holders) are credited with creating the basic structure of our country

Over time…

Melting pot-several different nationalities combined into “the American Colonists”

This was encouraged by the vast, unlimited resources available, as well as the struggle for survival

Pressure from foreign countries to control them, dangers posed by Native Americans and rebellious Slaves, caused them to band together

Development and organization Massachusetts Bay & Virginia entered

into businesslike agreements, charters, establishing cooperative government

Other colonists entered into compacts with primarily a religious purpose in establishing how they chose to govern themselves

Development of the United States of America

Colonists realized their freedom was in jeopardy from abroad and were not going to sit idly by while those asserting power to coerce them into submission

When colonies were confronted with attempts by Great Britain, Spain, and France to consume and control the New World, resistance grew, exemplifying the spirit associated with the United States

Colonial Dissension Grows

Populations began to grow and did differences between those who saw themselves as free, independent colonies and those who wanted to fly a foreign flag over them

Empires positioned themselves politically and militaristically to expand their boundaries into the New World

Great Britain’s Problems

1st Major problem: continued westward settlement by colonists and conflict with Native Americans

2nd Major problem: huge debt resulting from English military action to expand the empire

British Parliament felt the colonist should share this debt. Colonies resisted the restrictions to westward settlement and paying for Britain’s war debts

Great Britain

1765 Stamp Act- required stamps to be purchased and placed on legal documents such as marriage licenses and wills, several commodities, including playing cards, dice, newspapers and calendars. Colonists resisted increased taxes because

they felt it was taxation without representation

Great Britain

1765 Quartering Act- passed by Parliament requiring colonists to feed and shelter British troops in America (3rd Amendment)

1766-Stamped Act was repealed 1770 Boston Massacre- colonists

taunted British soldiers with snowballs, and the soldiers fired upon them

1773 Boston Tea Party- colonist boarded 3 British ships and dumped cargos of tea overboard

Results of the Boston Tea Party

Town meeting were restricted to once a year

The king was required to appoint people to the governmental court rather than have them elected

Quartering Act expanded, requiring soldiers to be housed in private homes and buildings

British officials accused of crimes in the colonies could be tried in England

Parliament passed several laws in retaliation for an open act of defiance.

1st Continental Congress

1774, 55 delegates from 12 colonies met in Philadelphia. The 1st continental congress resulted in the first written agreement among the colonies to stand together in resistance against Britain

1st Continental Congress

Congress agreed on three important actions.1. Adopted a set of resolutions that defined the

rights, liberties and immunities of the colonists

2. Addressed King George III and citizens of Britain calling for a restoration of American rights

3. Established a boycott to prevent the buying of British goods until Congress’ demands were met

Whose Side Were You On?

Loyalist (Tory)-was someone who bought British goods. Still paid allegiance to the British monarchy

Patriot (Rebel)- those who supported the boycott. Owed their allegiance to America

The Tension Mounts

1775- colonies were preparing for the confrontation with Britain

Minutemen- colonial soldiers that were drilled and equipped to respond within a minute’s notice to protect American live, property and rights

March 1775-Patrick Henry’s plea for freedom. “Give me liberty or give me death!”

The Revolution Begins

April 19, 1775 Waiting minutemen in Lexington saw the

British coming. Shots were fired and 8 American died. The British then moved to Concord where they were met again by minutemen

These two battles strengthened the colonists’ resolve toward independence

2nd Continental Congress

Established the Continental Army and named George Washington its commander

Congress raise money and bought supplies for the new army. They sought out support from other countries by opening diplomatic relations.

The colonists were prepared for an all out war with Britain

Many great battles showed that America’s people were committed to fight for their independence. Ticonderoga, Bunker Hill, Trenton and Saratoga

Declaration of Independence In May, Congress instructed each of the

states to form its own government and assuming powers of independent states.

July 4, 1776-the Congress unanimously voted in favor of American Independence.

There were six important sections

Declaration of Independence1. First paragraph

explains why the Declaration was issued

2. Declares all men to be equal and to have equal claims to life, liberty and the pursuit of happiness Stated the government’s right to rule is based on the consent of the governed

1. Charges against British king and how they denied the American colonists their rights

2. Describes the colonists attempts to obtain justice and the British lack of response

3. Proclaimed independence

4. Lists the actions the new United States of America could take as a country

What was the cost for the Signers? Those who signed (56

total) were men of wealth and social standing

To sign the Declaration of Independence was an act of treason, punishable by death.

Many went on after the war to illustrious careers, 2 presidents, vice-presidents, senators and governors

Other were not so fortunate

9 died in the war 5 captured by the

British 18 had their estates

burned or looted by the British

Articles of Confederation

Formally pledged the states to a “firm league of friendship,” and “a perpetual union” created for “their common defense, the security of their liberties” and their “mutual and general welfare”

Established a congress to conduct necessary tasks of a central government, including waging war and making peace, controlling trade with the Indians, organizing a mail service and borrowing money

Articles of Confederation

Inadequacies of this document lead to the Constitution, but it was an important stepping stone

The founders feared a concentrated, centralized political power and was NOT empowered to Regulate trade Levy taxes Draft soldiers Establish a court system Regulate money

Magna Carta

Considered the most important instrument of English government

Established the supremacy of the law over the ruler

The original document King John was forced to sign it on June 12, 1215

Showed that no one was above the law

Moving toward the Constitution The Magna Carta provided a stable

framework from which to start1. It was a step away from total rule by a

single individual2. Long history of success3. Provided some security and that not

everything needed to start from scratch

Moving toward the Constitution Articles of Confederation were

inadequate for effective government due to the lack of balance of power between the states and the central government

1787-Congress called for a convention to revise the Articles

George Washington was elected to preside over the meetings

Purpose of the Constitution

Was to establish a central government authorized to deal directly with individuals rather than states and

To incorporate a system of checks and balances that would preserve the fundamental concepts contained in the Magna Carta, that is, to limit the power of government

To prevent one individual from having complete power

Constitution takes shape

Structure and powers of legislative, executive judicial branches.

The checks and balance would allow the system to work, while achieving the primary goal of limiting power to any individual or section of the government.

Constitutionalism- a belief in a government in which power is distributed and limited by a system of laws that must be obeyed by those who rule

Constitutional Convention – Who Was There? 55 delegates 8 had signed the

Declaration of Independence

7 were governors of their states

39 were congressmen

More than ½ were college graduates

1/3 were lawyers Most held

prominent positions in the Revolutionary War

All were highly respected property owners

Great Compromise

The agreement reached in drafting the Constitution giving each state an equal vote in the Senate and a proportionate vote in the House

All powers were entrusted to the states and to the people

Country was to governed by a President to be chosen by electors in each state, a national judiciary and a two-chamber legislature

House of Representatives were popularly elected

Senate was chosen by individual state legislatures

Issue of Slavery

Was omitted during the constitutional debates

Zero chance of ratification from the South if it dealt with slavery

10th Amendment left slavery up to the individual states (ratified two years later)

This omission from the Constitution and failure to compromise would lead to the civil war

Drafting the Constitution

August 7, 1787, the draft was ready for a clause-by-clause review

Some material was old, connecting to the Magna Carta, and some was new with some brilliant concepts

The final document was put before the Convention on September 1787

Current Events: Constitution and Citizenship Day

September 17th

Federal Register Notice

In 2005, Congress mandated that schools receiving federal funding provide education about the Constitution

Commemorate the principles and practices protected and Provided for in the Constitution

The Article of the Constitution The first three article established the

legislative, executive and judicial branches of the government and the country’s system of checks and balances.

Article 1- Legislative Branch

Legislature may pass laws, but cannot enforce or interpret them

Contains the Great Compromise Congress has 2 chambers

Senate Each state has 2 senators Each senator has 1 vote Sole power to try all impeachments

House of Representatives Membership based on state populations Power of impeachment 1st to consider bills for raising taxes

Powers of Congress

Section 8 of Article 1 grants specific powers to Congress Coining money Establishing post offices Lay and collect taxes Borrow money on the credit of the United States Regulate international and interstate commerce Naturalize foreign-born citizens Raise and govern the military forces Declare war

Elastic clause Reserve of power to do what was “necessary and

proper” to pass laws for the nation. Enact laws that directly affected the people.

Article 2- Executive Branch

Created to carry out the law Provide a commander and chief of the

military forces Carry out nation’s foreign policy

Entering into treaties with other nations To appoint ambassadors, judges and

officials needed for the government to function

Chosen by electors

Article 2- Executive Branch

The president’s most significant actions must be approved by the Senate

Treaties require 2/3 vote Judges and appointed executive officials

need a majority vote to be confirmed Must report periodically to Congress on the

state of the Union May recommend laws Congress should

enact MOST IMPROTANT DUTY-”shall take care

that the laws be faithfully executed”

Article 3-Judicial Branch

Vesting Judicial power in the U.S. Supreme Court

Federal court judges are appointed by the President and hold office for life

Congress is authorized to regulate the court’s dockets by deciding what kinds of cases the Supreme court can hear on appeal

Congress regulates the courts’ jurisdiction Courts interpret the laws

Federal v. State power

The powers not specifically delegated to the federal government, are reserved for the states and the people.

Checks and Balances

The President has veto power Congress can override with 2/3 majority

vote President nominates Supreme Court

justices Legislative branch confirms or denies the

nomination President is the commander in chief

Legislative branch declares war and pays for it

Article 4- Other Provisions

Contains a variety of provisions, some taken from the Articles of Confederation, further describing the creation of the federal union

Article 4 also deals with: Criminal extradition Formation of new states Congress’ power to govern in territorial

lands not yet states

Article 5- The Amendment Process Dictates how the Constitution may be

amended1. Must be approved by 2/3 vote in each house of

Congress2. Submitted to the states for ratification requiring

the approval of ¾ of the states to pass the amendment

The people may begin the amendment process if the legislatures of 2/3 of the states call for a constitutional convention

Bill of Rights (1791) were added to the Constitution using the Amendment Process

Article 6- The Constitution as the Supreme Law

Supremacy clause- federal law will reign when there is conflicting state law

The article permitted the Supreme Court to become the ultimate decision maker in whether laws and actions of the government circumvent the Constitution and to invalidate them if they do so

Requires the allegiance of every federal and state official to the Constitution

Signing of the Constitution

Ben Franklin moved that the Constitution be approved unanimously and signed by those states present

September 17, 1787 the U.S. Constitution was sign in Philadelphia

42 of the 55 delegates were present to sign the Constitution

3 members refused to sign George Mason-because of the lack of a bill of

rights

Ratification

Ratify- to approve a constitutional amendment

Each state had to ratify the constitution even though the delegates agreed to the makeup of the Constitution Delaware was the first to do so

Ratification Cont…

Federalists- favored a strong central government

Anti-Federalists- favored a weaker central government Didn’t not want to ratify without a bill of rights

guaranteeing individual liberties

Amendments- changes to the Constitution or bylaws December 15, 1791- states had ratified 10 of 12

proposed amendments to ensure that the national government would not interfere with individual liberties

Current Events

The President has nothing to do with the Amendment process

27 Amendments to the US Constitution

The 27th amendment which restricts raises in congressional pay is the most recent amendment

Proposed in 1789 Was not ratified until 1992 Took 74003 days to ratify

Bill of Rights

Aimed at balancing the rights of the states and of individual citizens against the powers of the central government

The Constitution was general, and the Amendments were specific

Bill of Rights

1. 1st Amendment - Freedom of speech, Freedom of religion, Freedom of press, Right to assemble, Right to petition

2. 2nd Amendment – “to keep and bear arms”3. 3rd Amendment – prohibition from housing

soldiers4. 4th Amendment – privacy and security5. 5th Amendment – restrictions as to how

government can treat people suspected of crimes

Bill of Rights

6. 6th Amendment - Informed of nature and cause of accusation, Confront witnesses against him, Obtaining witnesses in his favor, Assistance of Counsel for his defense

7. 7th Amendment - Right to trial by jury in common law cases where the value exceeds $20.

8. 8th Amendment – cruel and unusual punishment. Excessive bail and fines

9. 9th Amendment – answered objections to those who thought that naming some rights but not all might result in government claiming more power than intended

10. 10th Amendment - Powers not delegated to the United States by the Constitution are reserved to the States respectively or to the people.