THE UNITED STATES CONSTITUTION ARTICLES I-VII THE BILL OF RIGHTS AMENDMENTS 11-27.
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Transcript of THE UNITED STATES CONSTITUTION ARTICLES I-VII THE BILL OF RIGHTS AMENDMENTS 11-27.
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!!!!!