D1 Constitution. Revised. The Constitution (1787) Timeline 2/28/ Declaration of Independence Articles of Confederation (in force 1781)

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1 Revised D1 Constitution Timeline 1776 Declaration of Independence 1777 Articles of Confederation (in force 1781) 1789 United States Constitution (replacing the Articles of Confederation) The Constitution (1787)! Defines the fundamental law of federal government;! Sets forth three branches of the federal government and outlines their jurisdictions;! Is the supreme law of the land. 1

2 Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure 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 Section 1. Legislative Powers! All legislative Powers belong to Congress of the United States:! Senate and! House of Representatives. 2

3 Bill To Law Procedure! PASS: Must pass both chambers and sent to President;! SIGN: If President approves, s/he signs it into law;! VETO: If President does not approve, it is vetoed and returned to Congress for reconsideration.! OVERRIDE VETO: If both chambers vote by 2/3rd majority, the vetoed bill becomes law. Bill To Law Procedure! SIGN BY DEFAULT:! President does not sign bill within 10 days (not counting Sundays), AND! Congress is in session! It becomes law.! POCKET-VETO: Bill To Law Procedure! President does not sign bill within 10 days (not counting Sundays), AND! Congress is NOT in session! It does NOT becomes law. 3

4 Bill To Law Summary! CONGRESS: Both Chambers pass identical bill! PRESIDENT ACTION:! Sign (YES)! Veto (NO) & Override veto (YES)! PRESIDENT ACTION:! Default (YES)! Pocket Veto (NO) Art I, Section 8: Enumerated Powers! Common Defense and General Welfare! To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States Art I, Section 8: Enumerated Powers! Borrow Money on the credit of the US;! To regulate Commerce! with other Nations, and! among the several States [Interstate Commerce], and! with the Indian Tribes! Naturalization: To establish uniform Rules; 4

5 Art I, Section 8: Enumerated Powers! Bankruptcies: To establish uniform Laws throughout the United States;! Money: Coin, regulate value of it, and of foreign currency,! Weights and Measures: Fix the standard for weights and measurements;! Post Offices and Post Roads: Establish post offices and post roads for the delivery of the mail; Art I, Section 8: Enumerated Powers! Intellectual Property: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;! Establish Courts Inferior To Supreme Court; Section 8. Enumerated Powers! Declare War.! Armies: Conscribe and Support armies. No Appropriation of Money to that Use shall be for a longer Term than two Years! Navy: Provide and Maintain a Navy! Militia: To provide for calling forth the Militia to execute the Laws of the Union, to suppress Insurrections and to repel Invasions; 5

6 Section 8. Enumerated Powers! Necessary and Proper Clause: To make all laws that are necessary and proper for carrying into execution! the powers in Article I, Section 8, and! all other powers vested by the constitution! in the US government; or! in any department or! officer of the United States. Article II The Executive Branch Powers of the President! Executive Power Vested In President.! Commander in Chief! Pardons.! Of the Army and Navy! Of State Militia, when called into actual Service of the United States! Power to grant Reprieves and Pardons for Offenses against the US, except in Cases of Impeachment. 6

7 Powers of the President! Make Treaties. With Advice and Consent of Senate! Requires 2/3rds of the Senators present concur! Nominate. With the Advice and Consent of the Senate, shall appoint! Ambassadors, other public Ministers and Consuls,! Judges of the supreme Court, and! all other Officers of the United States. Powers of the President! Recess Appointments.! When the Senate is in recess, the President has the power to fill all vacancies.! These commissions expire at the end of that session of Congress (the end of every even year) Impeachment & Removal Standard! The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for (by the House), and Conviction of (by the Senate):! Treason,! Bribery, or! other high Crimes and Misdemeanors 7

8 Article III The Judicial Branch Article III. The Judicial Branch! Judicial Power of the United States vested in one supreme Court; AND! In such inferior Courts as the Congress may from time to time ordain and establish. Article III. The Judicial Branch: Independent Judiciary! Lifetime Appointment:! The Judges stay on the bench during good behavior! Compensation:! Compensation cannot be decreased during their continuance in office. 8

9 Judicial Review! ALL courts are required to interpret and apply the Constitution! Power was not explicitly mentioned in the Constitution, the principle was definitively established by the 1803 Supreme Court case Marbury v Madison.! US Supreme Court is final interpreter of US Constitution Article IV Relationships Between the States Section 1: Full Faith & Credit! Each state must give Full Faith And Credit to the public acts, records, and judicial proceedings of every other State.! Congress has the power to prescribe the Manner in which these Acts, Records and Proceedings shall be proved, and the effect of them. 9

10 Section 1: Full Faith & Credit! Public Acts! Laws! Records! Marriage! Judicial Proceedings! Divorce Section 2. Privileges & Immunities! The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.! This means that one state cannot treat a person from another state differently than a citizen of their state.! Only applies to fundamental rights Article V Amending the Constitution 10

11 Process Step 1: Proposal! Amendments to the Constitution may be proposed! by a 2/3 vote of both houses of Congress, or! by a Constitutional convention called by Congress upon the appeal of 2/3 of state legislatures. Process Step 2: Ratification! Any proposed amendments must be ratified by! 3/4 of state legislatures; or! Constitutional conventions called by the states. Article VI The Supremacy Clause 11

12 Supreme Law Of The Land! The US Constitution, and the federal laws made in pursuance of the Federal Constitution; and all treaties under the authority of the United States, are the supreme law of the land.! The US Constitution;! Federal laws; AND! All US treaties State Judges! Judges in every state are bound by the Federal Constitution. The Amendments First Amendment Second Amendment Fourth Amendment Fifth Amendment Sixth Amendment Fourteenth Amendment 12

13 First Amendment Religion, Speech, Press, Assembly! Congress shall make no law...! Establishment Clause! Free Exercise of Religion! Free Speech! Free Press! Right of Assembly! Right to Petition Religion! Establishment of Religion:!... respecting an establishment of religion, or! Free Exercise of Religion:!... prohibiting the free exercise thereof 13

14 Speech and Press! Freedom of Speech:!... abridging freedom of speech, or! Freedom of Press:!... abridging freedom of the press Assembly And Petition! Right of Assembly:!... the right of the people peaceably to assemble, and! Right to Petition Government:!... to petition the Government for a redress of grievances. Second Amendment 14

15 Text! A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. The US Supreme Court Decision! This is what the court held:! Like most rights, the right secured by the Second Amendment is not unlimited. The US Supreme Court Decision! The following restricts are allowed under the Second Amendment:! Bans on firearms by felons! Bans on firearms by the mentally ill,! Laws forbidding the carrying of firearms in sensitive places such as schools and government buildings 15

16 The US Supreme Court Decision! The following restricts are allowed under the Second Amendment:! Laws imposing conditions and qualifications on the commercial sale of arms.! Banning weapons that are most useful in military service. Fourth Amendment Amendment IV. Search & Seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 16

17 Key Terms in the Fourth Amendment! Their: Personal expectation of privacy! Unreasonable: Reasonableness leads to exceptions to the warrant clause! Search: Intrusion into a protected privacy interest! Seizure: loss of liberty or property Fifth Amendment Double Jeopardy, Self-Incrimination, Due Process! Double Jeopardy: No person can be tried twice for the same crime! Self-Incrimination: In a criminal case, the defendant cannot be compelled to testify! Due Process: No one can be deprived of life, liberty, or property, without due process of law 17

18 Sixth Amendment The Rights of the Accused! In all criminal prosecutions, the accused shall enjoy...! Trial. Right to a speedy and public trial,! Impartial Jury. Where the crime was committed! Accusations. Informed of the nature and cause of the accusation;! Witnesses. Confronted with witnesses against defendant; The Rights of the Accused! In all criminal prosecutions, the accused shall enjoy...! Subpoena Power. Compulsory process for obtaining witnesses in his/her favor,! Counsel. To have the Assistance of Counsel for his/her defense. 18

19 14th Amendment 14th: Citizenship! All persons born or naturalized in the United States, and subject to the jurisdiction of the United States, are citizens of:! the United States and! the State they reside. 14th: Privileges or Immunities! No State shall make or enforce any law which shall abridge the Privileges or Immunities of citizens of the United States; 19

20 14th: Due Process Clause! No State can deprive any persons of life, liberty, or property, without Due Process Of Law! The Incorporation Clause:! Bill of Rights applying to the state! E.g., Defendant challenges the search of his car in state court. He will use the 4th Amendment made applicable to the states through the due process clause of the 14th amendment 14th: Due Process Clause! The Incorporation Clause:! Make sure you read the excepts from McDonald v City of Chicago, 561 US 752 (2010). 14th: Due Process Clause! McDonald v City of Chicago! [T]he Court decisively held that incorporated Bill of Rights protections are all to be enforced against the States under the Fourteenth Amendment according to the same standards that protect those personal rights against federal encroachment.! [T]he Court overruled earlier decisions in which it had held that particular Bill of Rights guarantees or remedies did not apply to the States 20

21 14th: Due Process Clause! McDonald v City of Chicago! McDonald continues the line of cases that hold that without the Due Process Clause of the 14th Amendment, the first eight amendments would not apply to the state governments.! The United States Supreme Court by using the Due Process Clause has selectively incorporated the bill of rights so that it does apply to the state governments. 14th: Equal Protection Clause! No State can deny to any person within its jurisdiction the equal protection of the laws. 21