Chapter 3 U.S. Constitution THE US CONSTITUTION Unit overview I. Basic Principles II. Preamble III. Articles IV. Amendments V. Amending the Constitution " Original divided into 7 articles " 1-3 = specific with the 3 branches of govt. " 4 = deals with states in the Union " 5 = how to amend the Const. " 6 = declares Const. as supreme law of land " 7 = ratification of the Const. " Followed by 27 Amendments in order " 1788-2012 really only 17 additions!!! I. Six Basic Principles A. Popular Sovereignty B. Limited Government C. Separation of Powers D. Checks & Balances E. Judicial Review F. Federalism Popular Sovereignty " People are the source of all government power. " Government can only exist with the consent of the governed. " Examples? Limited Government " Government is restricted in what it can do. " Individuals have rights the government cannot take away. " Rule of law 1
Separation of Powers " Executive, legislative, and judicial powers are divided among three separate and coequal branches. Checks and Balances " System of overlapping powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others. Judicial Review " The power of the court to determine the constitutionality of a government action. " Interpret the Constitution. " Marbury v. Madison Federalism " Division of power between a central (national) and local governments. " Balances sovereign states within a strong national government. Find Them! " 1) Popular Sovereignty " 2) Limited Government " 3) Separation of Powers " 4) Checks and Balances " 5) Judicial Review " 6) Federalism Due Process of Law " Government must act fairly and in accord with established rules in all that it does. " Protects individuals from arbitrary denial of life, liberty, or property. " Habeas corpus " Bill of attainder 2
Habeas Corpus " Latin may you have the body " Accused persons have the right to a trial. " Guantànamo Bay Does habeas corpus apply to suspected terrorists/ Bill of Attainder " Legislative act that inflicts a punishment without a court trial. " AI Sec. 9 No Bill of Attainder Ex Post Facto " Latin After the fact. " A law applied to an act committed before its passage. " Constitution forbids ex post facto laws. Civil Rights " Term used to describe positive acts of government that seek to make constitutional guarantees a reality for all people. " Civil rights movement of 1960s. " Marriage issue today? Checks and Balances Congress Executive " Toward the Executive " Impeach " Override veto " Not pass Presidents budget " Power of the purse strings " Block nominations " Block treaties " Create executive agencies and programs " Toward the Judiciary " Enlarge the court and create lower courts " Impeach " Block nominations " Sets salaries " May propose constitutional amendments " Toward Congress " Veto laws " Can call special congressional sessions " Withhold appropriated money " Recommend legislation " Slowly enforce the laws passed by Congress " Toward Judiciary " Nominate Judges 3
Judiciary " Toward the Executive " Judicial Review of acts and executive actions " Toward the Congress " Judicial Review of laws passed by Congress " Chief Justice presides over impeachment trials Not spend money Key Clauses of the Constitution " Necessary and Proper Clause " Also known as the Elastic Clause expands the powers of Congress. " Congress has the power to make all laws necessary and proper for doing their job. " Full Faith and Credit Clause " States within the U.S. have a duty to respect the public acts, records and judicial proceedings of every other state. " Supremacy Clause " The U.S. Constitution is the supreme law of the land. " Federal laws and U.S. treaties are similarly supreme and must be followed by each of the states. Formal Amendments First Method " Proposed by 2 / 3 of each house of Congress " Ratified by 3 / 4 of State Legislatures- " Most often method used 26/27 Second Method " Proposed by Congress " Ratified by ¾ of State Conventions " Method used once (21 st Amendment) Formal Amendments Third Method " Proposed by National Convention- " Ratified by ¾ of State legislatures " Never used Fourth Method " Proposed by National Convention " Ratified by ¾ of State Conventions " Never used 4
Formal Amendments " No executive branch: not legislating " How is this process upholding both federalism and popular sovereignty? " More than 10,000 joint resolutions calling for amendments to the Const. have been proposed. Only 33 have been sent to States " Congress has the power to place a reasonable time limit on process " Possible future amendments? Informal amending process by which over time many changes have been made in the Constitution which have not involved any changes in its written word. 99% of change occurs this way!!! Examples " Basic Legislation-spells out provisions " Ex: power to regulate commerce " Executive Action " Party Practices- Convention; electoral college " Customs- no 3 rd term Pres. " Judicial Decisions Interpretation. THE BILL OF RIGHTS " The first 10 Amendments to the Constitution " Ratified December 1791 " PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES " PURSUANT TO THE 5th ARTICLE OF THE ORIGINAL CONSTITUTION. 5
THE AMENDMENTS " Bill of Rights (4 parts) 1789 " A. Guarantees of Liberty 1 st Amendment- Speech, Press, Religion, Petition, & Assembly B. Military Protection Rights " 2 nd Amendment " Right to bear Arms & state militia- " 3 rd Amendment Prohibits troops in private homes- C. Protections against arbitrary Police & Court Action " 4 th Amendment- Search & Seizure " 5 TH Amendment A. Right to remain silent,- B. Bans double jeopardy- can t be tried for same charge twice C. Grand Jury- must be tried D. Due Process- protects a citizen from imprisonment w/o a trial and protection of life, liberty and property E. Protection of property from seizure w/o compensation " 6 th Amendment- A. Right to Counsel- B. Right to Speedy Trial- C. Right to Cross examine witness- " 7 th Amendment " Civil Jury Trials- " 8 th Amendment Protection against cruel & unusual punishment D. Protection of State Rights and extended Rights " 9 th Amendment " Rights not listed not necessarily denied- " 10 th Amendment " All other powers are reserved to the states and the people E. Extension of Bill of Rights " 11 th Amendment " 1789, Prohibits states from being sued in federal court by other states or nations- " 12 th Amendment 1804, Provides that electoral college use separate ballots in voting for president & Vice President- 6
F. Reconstruction Amendments G. 20 th CENTURY AMENDMENTS " 13 TH Amendment " 1865, Abolished Slavery- " 14 th Amendment 1868, Prohibits states from depriving any person life, liberty or property with out due process- " 15 th Amendment 1870, Prohibits denying of vote based on race, color or creed- " 16 TH Amendment " 1913, Gave Congress the power to tax personal income directly from source- " 17 th Amendments 1913, People instead of state legislature elect federal senators " 18 th Amendment " 1919, Outlawed Alcohol- " 19 th Amendment " 1920, Women s vote- " 20 th Amendment " 1933, Reduced Lame duck period- " President takes office Jan. 20 th and Congress Jan. 3rd " 21 st Amendment " 1933, Repealed the 18th " 22 Amendment " 1951, Limited President to 2 terms and no more than 10 years " 23 Amendment " 1961, Provided D.C. with 3 electoral votes- " 24 Amendment " 1962, Outlawed poll tax- " 25 th Amendment " 1965, Presidential Succession & Vice Presidential vacancy- " 26 th Amendment " 1971, 18 year olds gain right to vote- " 27 th Amendment " 1992, Congressional pay restraint- AMENDMENT I " Congress shall make no law " respecting an establishment of religion " prohibiting the free exercise of the " freedom of speech " press " right of the people peaceably to assemble, " to petition the Government for a re- dress of grievances. 7
AMENDMENT II " 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. AMENDMENT III " No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. AMENDMENT IV " 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. AMENDMENT V " No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. AMENDMENT VI " In all criminal prosecutions, the accused shall enjoy " the right to a speedy and public trial, " by an impartial jury of the State " informed of the nature and cause of the accusation " to be confronted with the witnesses against him " to have compulsory process for obtaining witnesses in his favor " the Assistance of Counsel for his defense. AMENDMENT VII " In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. 8
AMENDMENT VIII " Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. AMENDMENT IX " The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. AMENDMENT X " The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people. 9