Constitutional Rights

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Chapter 3

• Constitutional Rights

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Our Nations Framing Documents (3-1)

• Declaration of Independence
• July 4, 1776
• Declaring independence from King George III and
  England
• Articles of Confederation
• 1781 13 colonies united loosely
• Promised many things

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Our Nations Framing Documents

• Articles of Confederation
• One-house legislature
• Strict term limits
• Power to declare war, make peace, coin money,
  appoint a Commander in Chief
• A national defense
• States would be asked to pay taxes
• Major legislation would require a 2/3 vote for
  passage
• Amendments would require a unanimous vote

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U.S. Constitution

• Seven Articles provided a framework for a federal
  government
• Of the people, for the people, by the people
• Nine states had ratified by June 1788
• March 4, 1789 congress declared the Constitution
  effective
• Failure to protect human rights had to be
  corrected before the final four states would
  ratify

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The Bill of Rights

• The first 10 amendments to the Constitution
• Acted as a shield against the possible violation
  of human rights

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Amendment 1 (3-2)

• Freedom of Speech, religion, press, peaceable
  assemble, and to petition the government for a
  redress of grievances

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Amendment 2

• Well regulated militia and the right to keep and
  bear Arms

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Amendment 3

• No soldier in time of peace shall be quartered in
  any house w/o the consent of the owner

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Amendment 4

• Protection from unreasonable searches and seizures

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Amendment 5

• Double Jeopardy
• You dont have to be a witness against yourself

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Amendment 6

• Right to a speedy and public trial
• Be confronted by witnesses against yourself and
  to cross examine those witnesses
• Assistance of counsel for defense

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Amendment 7

• Right to trial by jury when the value is greater
  than 20

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Amendment 8

• Excessive bail shall not be required
• No cruel and unusual punishment

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Amendment 9

• The enumeration in the constitution of certain
  rights shall not be construed to deny or
  disparage others retained by the people.

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Amendment 10

• Powers not delegated to the states nor prohibited
  are reserved to the states or to the people

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Civil Rights

• Personal, natural rights guaranteed by the
  Constitution

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Due Process of Law

• Requires fundamental fairness in compliance with
  reasonable and just laws
• Legal Rights
• The benefits to which a person is justly entitled
  by law
• Legal Duties
• Obligations or standards of conduct toward other
  persons that are enforceable by law

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Peripheral Rights

• Some rights are not explicitly mentioned in the
  Constitution or Bill of Rights, but courts have
  recognized them
• Just because a right isnt mentioned doesnt mean
  it isnt there

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More Constitutional Amendments

• Amendment 13
• Abolishment of slavery
• Unless for punishment of crime
• Amendment 14
• States could not issue poll taxes
• Amendment 15
• Gave newly freed slaves the right to vote

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More Constitutional Amendments

• Amendment 19
• Gave the right to vote to women
• Amendment 24
• The right to vote shall not be denied for failure
  to pay poll taxes or any other type of tax
• Amendment 26
• Lowered the right to vote to age 18

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More Constitutional Amendments

• Amendment 14
• Subjected the states to the same restraint as the
  5th amendment
• Limited the power of the states

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Division and Balance of Powers (3-3)

• Checks and Balances
• Created by the 55 delegates that created the
  Constitution
• System that gives specific authority to each of
  the three branches of government

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Branches of Government

• Legislative
• Executive
• Judicial

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Legislative Branch

• The Congress consisting of two bodies
• Senate
• Two members from each state
• Six year term
• Power to try all impeachment cases
• Trying a government official for misconduct in
  office
• Requires a 2/3 vote for conviction

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Legislative Branch

• House of Representatives
• Vary depending upon population
• Two year term
• Power to initiate impeachment of a civil officer
• Includes President and Vice-president

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Executive Branch

• Headed by the President and Vice-President
• Serve two - four year terms
• Not elected directly but by electoral votes
• Possible to win the popular but not win the
  presidency
• Has happened four times now 1824, 1876, 1888,
  and 2001
• Political Party
• A private organization of citizens who select and
  promote candidates for election

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Judicial Branch

• Headed by the Supreme Court
• Justices are appointed by the president for life
• Ultimately decides if statutes are constitutional
• Decides if an action taken by the president
  exceeds the powers grantedif so it is void

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Changing the Constitution

• Amendment
• A change or alteration of the Constitution
• A major check
• Two ways to amend the Constitution
• 2/3 majority vote from the House and Senate
• Convention of 2/3 of the states and ratified by
  3/4 of the states

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Our Form of Government

• Pure Democracy
• Every adult citizen may vote on all issues
• Republic
• A representative democracy
• Voters select their representatives in elections

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Does the Federal Government have Total Governing
Power?

• Sovereignty of States
• Freedom of external control
• Ninth Amendment
• Powers to the people
• Tenth Amendment
• Powers to the states
• Powers of the Federal Government
• Duty to protect every state, regulate commerce,
  etc.
• Power to make detailed laws

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