Constitutional Rights

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Chapter 3

• Constitutional Rights
• and
• Liberties

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United States Constitution

• Supreme law of United States
• Took effect in 1789
• Durable 1) open-ended
• 2) purposeful ambiguities

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Results

• Rule Interpretation
• Precedents
• Actual text of Constitution
• Assumed intent
• (discretion limited)

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BRANCHES OF GOVERNMENT

• Article 1 Legislative Power
• House
• Senate
• Manner of Election

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Article 1 Legislative Power (continued)

• Qualifications of Members
• -- 25 years for House
• -- 30 years for Senate
• -- US Citizen
• -- Citizen of District or state
• 5. Legislative Procedure (outline)
• 6. Indicates power establishes limits on
  Federal and state legislative powers

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Powers of Congress

• Regulate Commerce
• Declare war
• Raise an army
• Make laws ---
• elastic clause gives Congress the
• power to make all laws necessary
• and proper for carrying into execution the
  foregoing powers.

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Article 2 Executive Powers

• President/Commander-in-Chief
• Procedures for selection
• Qualifications for office
• --US Born citizen
• --35 Years old
• 4. Oath

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Executive Powers (cont)

• 5. Powers Duties
• 6. List of succession
• 7. Impeachment removal processes

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Executive Powers

• Appoint Federal officers (removal?)
• Sign laws
• he shall take care that laws be faithfully
• executed

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Article 3 Judicial Power

• Outlines Court System including Supreme Court
• Congress can create lower courts reviewable to
  Supreme Court
• Requires trials by jury for all criminal cases
• Defines treason (Congress administers punishment)

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• Specifies that certain cases the Supreme Court
  has original jurisdiction and for others it has
  appellate jurisdiction

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Remaining Original Articles

• Article 4 dealt with intergovernmental relations
  and federalism.
• Article 5 provided an amendment mechanism so the
  Constitution could be updated to meet future
  needs and changes.
• Article 6 announced the supremacy of the
  Constitution and requirements for ratification

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The Bill of Rights

• Idea of anti-federalists
• Anti-federalists v. Hamilton

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First Amendment

• Congress shall make no lawabridging the freedom
  of speech.
• --Schenck v. United Statesrestrictions against
  obscenities, fighting words and other
  controversial forms
• Symbolic gestures?

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First Amendment (cont)

• Freedom of the press
• not absolute (example libel)
• Reporter/source confidentiality?
• Branzburg v. Hayes
• 3. Prior Restraint

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First Amendment (cont)

• Freedom of Religion
• Not absolute (example polygamy)
• Vast amounts of case law

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Second Amendment

• A well regulated Militia, being necessary to the
  security of a free state, the right of the people
  to keep and bear Arms, shall nto be infringed.

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Third Amendment

• Provides that no soldier shall be quartered in
  any house in peacetime without the owners
  consent
• Collective right v. Unlimited right
• Objection to Englands general warrants and writs
  of assistance

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Fourth Amendment

1. Prohibits unreasonable searches and seizures
2. Warrants must particularly describe the place to
   be search and the person or things to be seized.
   probable cause

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Fourth Amendment (cont)

• Changes in world and application
• Patriot Act,
• Electronic surveillance,
• Cell phones,
• E-mail?

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Fifth Amendment

• Prohibits double jeopardy, protection against
  compulsory self-incrimination
• Does not outline due process though
• Says private property shall not be take for
  public use without just compensation

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Remaining Amendments

• Sixth/Seventh Amendments provides for a speedy
  trial by an impartial jury and the assistance of
  counsel
• Eighth Amendment prohibits excessive bail and
  excessive fines and prohibits cruel and unusual
  punishments

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Remaining Amendments

• Ninth Amendment the enumeration in the
  Constitution of certain rights shall not be
  construed to deny or disparage others retained by
  the people.
• Tenth Fourteenth Amendments Addresses
  federalism and state rights

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Summary

• The Constitution grants powers to a government
  and limits those powers by specifying that
  individuals will retain certain rights.
• Language most imprecise
• Constitution more than 200 years oldliving
  document
• New frontier and possible effects