The Constitution The Engine of Our Republic “Supreme Law of the Land”

The Constitution The Engine of Our Republic “Supreme Law of the Land”
MAGRUDER’S Chapter 3

Constitution – Vocabulary [22 terms]
1. U.S. Constitution – 4,300 words in 7 main parts or sections called articles. Including the 27 amendments, there are 6,700 words. The seven articles are: a. Legislative b. Executive c. Judicial d. Relations Among States and the Federal Government e. Amending Process f. National Supremacy g. Ratification of the Constitution [9 of 13 colonies] 2. Texas Constitution – 90,000 words in sections and over 400 amendments [over 600 amendments were proposed] [Alabama has almost amendments to their constitution [ [specific] 3. Formal [constitutional] Amendments – 27 amendments ratified by the States [Over 10,000 have been proposed; 33 were sent to the States and 27 were approved.] 4. Informal [non-constitutional] Amendments – non-constitutional changes implemented by: a. Party practices – conventions b. Congressional laws – Constitution says congress can make “all laws necessary and proper” [elastic clause]. This allows them to stretch their power such as “the power to regulate currency” allowed them to create a national bank in 1819.

Constitution - Vocabulary
c. Presidential actions – presidents have expanded the power of the presidency by doing things like sending troops into combat over 200 times. d. Customs – appoint cabinet positions and forming political parties. e. Court decisions – The Supreme Court just took the power of judicial review by declaring State and federal laws unconstitutional [null and void]. No one has challenged them on this. 5. Weaknesses of the Articles of Confederation a. Could not collect taxes b. There was no executive branch [feared the re-establishment of a monarchy, however, there was no executive to enforce acts of congress due to bad experience with George III.]. c. No national court system d. Unanimous approval of all 13 States for an amendment [one State had veto power over any amendments] e. States had too much autonomy

6. New Jersey [small State] Plan – each State received one vote. 7. Virginia [ large State] Plan – one house’s representatives would be based on population and they would chose members of the other house. 8. Great [Connecticut Plan] Compromise – one house based on population [each State would get at least one representative] and the other house would have 2 members from each State. 9. Bill of Rights – civil liberties [speech, religion, press, etc.] is the 1st 10 Amendments. 10. Separation of Powers – power is distributed among the branches.

11. Checks and Balances – each of the three branches of government is subject to checks by either or both of the others.

There are Three Delegated [granted] Powers of the National Government 12. Expressed Powers of the National Government – written in constitution. 13. Implied Powers of the National government – not written but implied in the constitution by the elastic clause [“shall make all laws necessary and proper” (which means “convenient and useful”)] 14. Inherent Powers of the National Government – because of nationhood [like acquiring territory or deporting aliens] Delegated Powers Expressed Powers [enumerated] Implied Powers [suggested] Inherent Powers [historically possess] Written in the Constitution [17] Elastic Clause: Necessary & Proper [hundreds] Just because it’s a nation Example: *Congress can coin money & declare war Example: *Congress builds interstate hwy sys Example: *Congress regulates immigration and acquires territory

15. Marbury v. Madison [1803] – 1st case in which an act of Congress was declared unconstitutional [null and void] by the Supreme court. 1,000 laws of the States have been declared unconstitutional and acts of congress have been declared unconstitutional. 16. Plead the 5th – don’t have to testify against yourself or your spouse. 17. Due Process – fair and equal treatment under the law. Laws have to be fair and legal. 18. Double Jeopardy – tried twice for the same crime. 19. Eminent Domain – the government can take your property for public use, but they do have to pay you a fair price. 20. Exclusionary Rule – evidence gained by unlawful search or seizure. 21. Probable Cause – good reason or “probable cause” that the suspect is guilty. 22. Ex Post Facto – “after the fact” declaring something a crime even though it was legal when it was committed [Like “can’t be punished today for wearing polyester leisure suits and bell bottoms in the 1970s.

Before we look at the Constitution let’s look at why the Articles of Confederation failed.

MAJOR PROBLEMS

NATIONAL GOVT. SLOWLY WENT BROKE

WORTHLESS CURRENCY

STATES TAXED EACH OTHER

CONFLICTS OVER TRADE

COULD RAISE AN ARMY-BUT STATES HAD TO SUPPORT WITH $$$

INDIAN PROBLEMS IN THE FRONTIER

PIRATES- NO PROTECTION FOR OUR MERCHANTS

NO NATIONAL JUDICIARY

No Chief Executive To Enforce The Laws

BOTTOM LINE NO POWER OVER STATES
ARTICLES COULD NOT PROTECT CITIZENS’ PROPERTY RIGHTS

“Our new Constitution is now established, and has an appearance that promises permanency; but in the world nothing can be said to be certain except death and taxes.” -Benjamin Franklin

“FATHER OF THE CONSTITUTION”
JAMES MADISON “FATHER OF THE CONSTITUTION”

TOOK COPIOUS NOTES- NEVER MISSED A DAY

Patrick Henry. "I SMELL A RAT!" Some were against the
Constitution, like… Patrick Henry. "I SMELL A RAT!"

AFTER 109 DAYS IN STIFLING HEAT, A MOTION WAS MADE TO APPROVE THE DOCUMENT- TEN STATES VOTED YES & TWO ABSTAINED

39 OF THE 55 DELEGATES WOULD SIGN THE DOCUMENT

THE REAL WORK & STRUGGLE
NOW LAY AHEAD- THE DOCUMENT HAD TO BE RATIFIED BY 9 OF 13 STATES

Differences Between the Articles of Confederation and the Constitution
The US Constitution Unicameral Congress (1 house) Equal (one) vote in Congress per state No Executive Branch No Judicial Branch 9 out of 13 states had to approve laws in Congress States could coin their own money States could regulate trade with states and foreign nations States had great autonomy to govern themselves Only states had the power to impose taxes Bicameral Congress (2 houses) In House of Representative, states were represented based on population; In the Senate each state got two votes regardless of population 3. Executive Branch established, lead by US President, carries out laws 4. Judicial Branch established, headed by Supreme Court, interprets laws 5. Majority rules! (50% +1 in each house to pass laws) 6. Congress has exclusive right to coin money 7. Only Congress could regulate trade with states and foreign nations 8. States recognize the US Constitution as the final word on all matters 9. Congress can impose taxes as well

VIRGINIA OR LARGE STATE PLAN RUTLEDGE & MADISON

ELECT ELECT LOWER HOUSE UPPER HOUSE

NEW JERSEY OR SMALL STATE PLAN WILLIAM PATERSON

EQUALLY REPRESENTED

National Archives Building
Objectives 1. Six basic principles of the Constitution 2. How the Constitution is formally amended [and the 27 amendments] 3. How the Constitution is informally amended. The Constitution is referred to as the LIVING CONSTITUTION because it is highly flexible and can change to meet the times. The Constitution (1787) is this nation’s fundamental law [“supreme law of the land”] as it lays down the framework of our government. It is on display at the National Archives Building in Washington, D.C. It consists of 6,700 words and has 39 signatures. The Constitution begins with a short Preamble (statement of why the Constitution was written) The main body of the Constitution follows the Preamble. It is divided into 7 main parts called Articles, which are then divided into smaller sections. Jefferson said the Constitution “belongs to the living and not the dead” which means it must be responsive to changing times and customs.” 1 2 National Archives Building 3

“THE CONSTITUTION WAS NOT MADE TO FIT US LIKE A STRAIGHTJACKET
“THE CONSTITUTION WAS NOT MADE TO FIT US LIKE A STRAIGHTJACKET. IN ITS ELASTICITY LIES ITS CHIEF GREATNESS.” Woodrow Wilson

PURPOSES OF CONSTITUTION
Allow for Change The framers wanted to make sure the Constitution could change with the times But they did not want change to the most basic structures and rules of government Thus, Article 5 allows for “Amending”

Preamble Article I The Legislative Branch Section 1. Congress Section 2. House of Representatives Section 3. Senate Section 4. Elections and Meetings Section 5. Organization and Rules Section 6. Privileges and Restrictions Section 7. Passing Laws Section 8. Powers of Congress Section 9. Powers Denied to the Fed Gov. Section 10. Powers Denied to the States Article II. The Executive Branch Section 1. President and Vice-President Section 2. Powers of the President Section 3. Duties of the President Section 4. Impeachment Article III. The Judicial Branch Section 1. Federal Courts Section 2. Jurisdiction of the Federal Courts Section 3. Treason Article III. The Judicial Branch Section 1. Federal Courts Section 2. Jurisdiction of the Fed. Courts Section 3. Treason Article IV. Relations Among States Section 1. Official Acts Section 2. Mutual Duties of States Section 3. New States and Territories Section 4. Federal Protection for States Article V. The Amending Process Article VI. National Supremacy Article VII. Ratification of the Constitution

Respecting people’s rights while creating a strong government was a major task of the framers of the Constitution Six principles were designed to ensure that we could have a strong government and keep our liberties

The first principle is POPULAR SOVEREIGNTY (the people rule)
The Constitution acts as a contract with the people: People grant government powers so they can get the work of the nation done People spell out what the government may NOT do Popular [people] sovereignty [absolute rule] –absolute power is invested in the people. The “We, the people” in the Preamble, shows that the people are the only source of governmental power. The government may govern only with the consent of the people is what popular sovereignty means. 4 5 6 6. The Framers feared that direct democracy would lead to mob rule. They believed that elected representatives would make more reasoned judgments than the people themselves. 7

The people elect public officials to make laws for them.
It would be too difficult for everybody to directly vote on every governmental matter that needed to be addressed, so we elect politicians we agree with to vote for us in Congress. This is called representative government (system of government in which voters choose representatives to govern them).

Suffrage in the US 1789 White, male, at least 21 years old, land owner (in most cases) ’s White, male, at least 21 years old 1870 Male, at least 21 years old (black men gained the right to vote- 15th Amendment) 1920 At least 21 years old (women gained the right to vote- 19th Amendment) The people choose officials for the following national offices: House of Representatives (Art. 1, Sec. 2) Senate (Amendment 17) Members of the Electoral College (who vote for the President) Voting rights have increased over time. When the Constitution was ratified, only white men over the age of 21 who owned property could vote. 1961 Citizens living in Washington, DC can vote in presidential elections (amazingly, those living in the District of Columbia could not vote for President of the United States because they were not a state and had no electoral votes… the 23rd Amendment gave DC 3 electoral votes) 1971 All citizens who are at least 18 years old may vote (26th Amendment)

2. Limited Government Limited government reflected the Framers fear of too much power [tyranny] accumulating in any one branch. The people are the only source of authority. Government is not all powerful and can do only things the people want. The government must obey the law. The Constitution outlines the specific powers (enumerated powers) of the Government (congress, president, courts) and also details the things the government cannot do! The Bill of Rights [first 10 amendments] protect human rights by limiting the power of national government. [“Congress shall make no law” guarantees freedom of religion, speech, press, assembly, and petition.

3. Separation of Powers Power being distributed among the three branches is separation of powers. The purpose was to prevent any group or individual from having all the power. The Framers distrusted a strong central government in which the same people make, enforce, & determine the laws. The government was divided into 3 independent branches Legislative [Congress] Executive Judicial 8 9 10

LEGISLATIVE BRANCH Main purpose: MAKE LAWS Examples of duties… Coin money declare war tax maintain the military ratify treaties

And dance!!!! EXECUTIVE BRANCH Main purpose: ENFORCE/ CARRY OUT LAWS
Examples of duties… serve as commander in chief of armed forces negotiate treaties appoint advisors (cabinet, ambassadors) appoint federal judges approve/veto bills And dance!!!!

JUDICIAL BRANCH Main purpose: INTERPRETS/ EXPLAINS LAWS Examples of duties… 1. declare laws constitutional/ unconstitutional 2. declare executive actions constitutional/

4. Checks and Balances Checks and Balances – the three branches of government are not completely independent of one another but are tied together by a complex system of checks and balances All three share power with the others. A. each one is subject to checks by either or both of the others. B. There are checks when the President vetoes an act of Congress, or Congress overrides a presidential veto. Or the Senate rejects a presidential appointee, or when Congress removes judges through impeachment. C. This check and balance system makes compromise necessary. 11 12 13 14

POWER CHECKING POWER

Legislative Branch Checks Over…
Executive Judicial can override presidential veto confirms presidential appointments ratifies treaties can declare war appropriates money can impeach and remove president Create lower federal courts Can impeach or remove judges Can propose amendments (overruling judicial decisions) Approves appointments of federal judges

Executive Branch Checks Over…
Legislative Judicial can propose laws makes appointments negotiates foreign treaties can veto laws can call special sessions of congress appoints federal judges can grant pardons to federal offenders

Judicial Branch Checks Over…
Executive Legislative can declare executive actions to be unconstitutional can declare laws and acts of Congress to be unconstitutional

5. Judicial Review Judicial Review: The power of the Court to declare a government action illegal, or, null and void, because it violated the Constitution. 15 The power of judicial review is held by all federal courts and most State courts. The lowest State courts – justice of the peace courts – do not have judicial review because they are not courts of record. 16 Former Chief Justice Hughes said, “We are under the Constitution but the Constitution is what the judges say it is.” 17

Under the Constitution, the Supreme Court can decide whether or not laws or presidential actions are constitutional. During a Supreme Court case in 1803 called Marbury vs. Madison, the Supreme Court interpreted Article 3, Section 2 to mean that the Courts had the power to do the above. This settled an issue on which the Constitution was silent Can an unelected Supreme court overrule Congress? Chief Justice Marshall’s answer was ____? So judicial review is when the Supreme Court determines what the Constitution means in specific cases. On more than 150 occasions, an act of Congress has been found to be unconstitutional. It has voided over 1,000 state laws. 18

Marbury v. Madison [1803] Marbury v. Madison was the landmark case that established the Supreme Court's right to rule on constitutional questions. You can probably guess that the case grew out of the kind of partisan gamesmanship that's a staple of Washington. Here's the story. In 1800, the Federalist Party was sitting pretty, with John Adams in the White House and control of Congress in Federalist hands. But that November, Thomas Jefferson narrowly defeated Adams in the presidential election. To ensure that Federalists controlled the courts, Adams appointed scores of judges just before he left office. [packing judiciary] Documents called commissions had to be delivered [by Adams’ Secretary of State, John Marshall] to the people Adams had appointed in order to make the appointments official. Marshall managed to deliver only 38 of 42 before Jefferson took office. The rest were to be delivered by Jefferson’s administration and he no interest in delivering Adams commissions. William Marbury [appointed Justice of the Peace in D.C.] was a Federalist whose commission was not delivered. He and 3 others decided to sue James Madison [Secretary of State] to deliver the commissions. They brought the suit directly to the Supreme Court and asked the Court to issue a writ of mandamus [order forcing a government official to act] As fate would have it, John Marshall, who had failed to deliver the commissions, had become the chief justice of the Supreme Court. [“Babe Ruth of the Supreme Court”] Marshall faced a dilemma. On the one hand, he could order Madison to deliver the commissions, but Madison could simply refuse to do so. The Court had no way of enforcing its decisions. On the other hand, Marshall could deny Marbury’s request and allow Madison to do as he pleased. Marbury Madison John Marshall

Marbury v. Madison [continued]
If he refused Marbury’s request, he would be failing to use the authority that the Court had been given by the Judiciary Act of 1789, which had given the Court the power to issue such orders. The Court’s power would be seriously lessened by this failure to act. Marshall solved the problem by holding that the Court did not have the authority to hear the case. The section of the Judiciary Act of 1789 giving the court the authority to issue writs of mandamus was unconstitutional. The constitution did not mention writs of mandamus and congress did not have the power to expand the Court’s powers. The section of the Judiciary Act of that expanded the Court’s powers was therefore void. Marshall’s decision still stands today as a judicial and political masterpiece. It did not require anyone to do anything, so enforcing it was not a problem. At the same time, it enlarged the power of the Supreme Court by stating that it was “the province and duty of the judicial department to say what the law is.” Marshall had made it clear that the courts had the power of judicial review. The Court could now check and balance the other two branches. This was the first case in which an act of congress was said to be unconstitutional acts of Congress have been declared unconstitutional and 1,000 laws of the States. Marbury Madison

The Constitution says little about the role of the courts, but it is clear to many that this is a power they intended. Federalist 78 says, “independent judges [would prove to be] an essential safeguard against the effects of occasional ill humor in society.” As of 2003, the Supreme Court has found 150 acts of the Congress to be unconstitutional as well as finding executive actions to be unconstitutional. It has also voided over 1,000 state laws! UNCONSTITUTIONAL

6. Federalism The framers recognized that state governments could deal with the needs of their people better than a national government For this reason, they sought to create a nation that had shared powers between the federal government and the state government [federalism] National Government State Governments 19

GOVERNMENT MUST BE BALANCED STATE GOVT. NAT'L GOVT.

The Constitution does not list the powers of the state government, but instead says all powers not delegated to the federal government are reserved to the states (Amendment 10) Texas Capitol The Constitution does state the powers that are denied to the states in Article 1, Section 10.

The Constitution also ensures…
States are treated equally. 2. States must respect the laws of other states. 3. All States are guaranteed representation in Congress. The Constitution also makes clear that the Constitution is the “supreme law of the land” and federal courts will decide disputes between states and the federal government.

Federal, State, & Shared Powers FEDERAL POWERS STATE POWERS
Regulate interstate and foreign trade Create and maintain armed forces Coin Money Declare War Admit new states Establish foreign policy Make peace treaties Regulate trade within state borders Conduct Elections Create local governments Provide for public safety Establish laws about marriage & divorce Control Education SHARED POWERS Raise Taxes Build Roads Create and impose penalties for crimes Charter Banks Provide for the public welfare

Our Changing Constitution
Formal Amendments – take place through the process of constitutional amendments. [Formal Amendments involve changes in the written words of the Constitution.] Informal amendments – where changes are made without involving changes in the written word of the Constitution. 20 21 22 Focus 1. Why the Constitution has endured and been able to keep up with the growth of the U.S. 2. How the Constitution may be amended formally. 3. What are the 27 amendments? More than 10,000 formal amendments have been proposed in congress since have been sent to the States & 27 have been ratified. Our written Constitution has been in force longer than any other written constitution in the world. [Britain’s is unwritten] Constitutional changes come about in two ways – formal or informal amendments. Formal Amendments – [Constitutional amendments] – there are four different methods but only two have ever been used. 23

The President plays no formal role in the amendment process
The President plays no formal role in the amendment process. They are not sent to him to be signed or vetoed. He does have political influence. Congress decides the method of ratification. 1. First Method – passed by 2/3 vote of both houses of congress and ratified by ¾ (38) state legislatures. [26 of the 27 amendments were adopted this way.] 2. Second Method – same as the first one except ratified by 38 State conventions called for that purpose. The 21st Amendment, repealing the 18th, was the only one done this way. 3. Third Method – 2/3 of State legislatures (34) could call a national convention. The amendment would have to be ratified by ¾ of the State legislatures. 4. Fourth Method – may be proposed by a national convention and ratified by ¾ (38) of the State conventions. Formal Amendments are proposed at the national level and ratification is a State by State matter. This reflects the federal character of our government. 24 25 26

The Framers of the Constitution understood that conditions would change throughout time.
George Washington said, “I do not think we are more inspired, have more wisdom, or possess more virtue than those who will come after us.” For this reason, the framers devised a system for amending the Constitution 2 Ways: Formal and Informal. George Washington (Lansdowne portrait). Oil on canvas National Portrait Gallery, Smithsonian Institution.

2/3 of each house of the US Congress can propose amendments
Proposing Amendments 2 Ways... Formal 2/3 of states can call for a national convention for the purpose of proposing amendments 2/3 of each house of the US Congress can propose amendments

3/4 of the state legislatures must approve
Ratifying Amendments 2 Ways... Formal 3/4 of the state legislatures must approve 3/4 of special state conventions must approve

The addition of amendments is federalism at work!
Formal amendments take place through the process of constitutional amendments. Formal amendments involve changes in the written word of the Constitution. The addition of amendments is federalism at work! Since 1789, 10,000 amendments have been introduced in Congress (not all proposed), but only 27 have been ratified… Some included fully proposed amendments defeated in the states: Voiding citizenship of anyone accepting a foreign title or honor prohibiting amendments regarding slavery Congressional regulation of child labor laws Equal Rights for Women (ERA) The first 10 amendments, called the Bill of Rights, were approved by They outline the freedoms the government promises to protect.

Bill of Rights Amendment 1. Freedom of Religion, Speech, Press, Assembly, and Petition Amendment 2. Right to Keep Arms Amendment 3. Quartering of Troops Amendment 4. Search and Seizure; Warrants Amendment 5. Rights of Accused Persons Amendment 6. Right to a Speedy Trial Amendment 7. Jury Trial in Civil Cases Amendment 8. Bail, Fines, Punishments Amendment 9. Rights Not Listed are Retained by the People Amendment 10. Powers Not Listed are Reserved to the States

The last 17 fall into 3 categories. 27
20. Amendment 20. changes of dates for Presidential and Congressional terms 21. Amendment 21. Repeal of National Prohibition 22. Amendment 22. Two-Term Limit for Presidents 23. Amendment 23. Presidential Vote for District of Columbia 24. Amendment 24. Poll Tax Banned in Federal Elections 25. Amendment 25. Presidential Disability and Succession 26. Amendment 26. Voting Age Lowered to 18 Years 27. Amendment 27. Congressional Pay 11. Amendment 11. Immunity of States from certain lawsuits 12. Amendment 12. Election of President and Vice-President (changes Electoral College) 13. Amendment 13. Slavery Abolished 14. Amendment 14. Citizenship Defined Equal Protection, and Due Process 15. Amendment 15. Right to Vote with No Racial Barriers 16. Amendment 16. Income Tax Authorized 17. Amendment 17. Election of Senators by Direct Popular Vote 18. Amendment 18. National Prohibition of Intoxicating Liquors 19. Amendment 19. Right to Vote Given Nationwide to Women 28 29 The last 17 fall into 3 categories. They make public policy. They correct deficiencies in gov. structure. They promote equality. 27

BRITISH CONSTITUTION CONSISTS OF COMMON LAW, ACTS OF PARLIAMENT, & POLITICAL TRADITION AND CUSTOMS

Britain’s Unwritten Constitution and No Bill of Rights
Although the founders were strongly influenced by English tradition, they departed from that tradition in two important ways. They created a single written constitution, and they added the Bill of Rights to that document. Unlike the U.S., Britain has no single document that sets forth its constitutional rules. Instead, Britain’s “unwritten” constitution consists of various acts passed by Parliament, court decisions, other authoritative documents, and British customs and practices. Britain has no Bill of Rights protecting the rights and liberties of their citizens. There is, of course, the English Bill of Rights of This document, though, deals mainly with the rights of Parliament, not of citizens, and it can also be changed by Parliament. All other Western European nations have a bill of rights protecting their citizens. It is ironic that the country that invented the concept of the bill of rights does not have one.

Amendments to the United States Constitution
The Bill of Rights First 10 Amendments Scope of Federal Government Power th and 16th Amendments Federal Elections and Terms th, 17th, 20th, 22nd, and 25th Amendments Civil War Amendments th, 14th and 15th Amendments Suffrage Amendments th, 19th, 23rd, 24th and 26th Amendments Prohibition - 18th and 21st Amendments

30 Bill of Rights Amendment 1. Guarantees our 5 GREAT BASIC FREEDOMS [“Civil Liberties” or freedom of expressions are the keystone of individual freedom. a. Freedom of Religion or not to have a religion People may worship or not worship as they please. The government cannot favor one religion over another [separation of church and State – no prayers or devotional reading from the Bible in school.] b. Freedom of speech – this freedom is restricted if it harms others. We have laws against slander [spoken] or libel [written statements] intended to damage one’s reputation. Speech that offends the moral sense [obscenity] of others or speech that endangers the safety of the nation [military secrets] may be punished. 31

Bill of Rights [continued]
c. Freedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazines. This freedom also protects our right to know. Obscenity cannot be sent through the mail but may be viewed in the privacy of your own house. There can be no prior restraint –stopping the spreading of news before they are published or broadcast. d. Right to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful. e. Right to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.

Amendment 2. Right To Keep And Bear Arms The purpose was to prevent Congress from denying States the right to have a militia of armed citizens The States and federal government can regulate the possession and use of firearms by individuals.

Amendment 3. No Quartering of Troops In Homes This is absolute during peacetime; limited during wartime. Amendments 4-8 protect the individual in dealing with the police and courts.

Amendment Limits The Conditions Under Which Police May Search for and Seize Evidence and People [Privacy Amendment] A. No “Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause]. B. In most cases, a search or arrest warrant will be necessary. The warrant must describe the specific place to be searched and the persons or things to be seized. C. A police officer may chase a suspect into his house & not secure a warrant (this would be probable cause). D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be used at the trial. [Exclusionary Rule–has to be excluded]

Amendment 5. Rights of Accused Persons [5-8 have to do with “rights of the accused”] A. A person can be tried for a serious crime only if he has been accused of that crime by a grand jury. B. No one may be tried twice for the same offense [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense] C. No one may be forced to testify against himself or his spouse. You don’t have to answer questions by the police or the courts. [Plead the “5th”] D. No one can be deprived of life, liberty, or property without due process of law [fair and equal treatment under the law]. E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT DOMAIN [taking property for public use], it must pay a fair price. So, if the jury foreman says? There will be no 2nd trial. New Cowboys stadium meant property losses.

Amendment 6. Right To A Speedy Trial A. IMPARTIAL JURY. You do not have to use a jury and can have the case transferred if it has received too much publicity. B. Right to be told what crime you are accused of. C. Right to hear and question all witnesses against you. D. The right to compel [require their testimony] witnesses to appear at a trial to tell your side of the story. E. Right to a lawyer. Marcia Clark

Amendment 7. Jury Trial In Civil Cases [not a criminal matter – but where one person sues another] Applies to all disputes in excess of $20. Amendment 8. No Excessive Bail or Fines, or “Cruel and Unusual Punishment” [like torture and beheading] [The Court of Military appeals has abolished an old Navy punishment of 3 days on bread and water as both cruel and unusual] Tar and Feathering The “Rack”

Amendment 9. Unenumerated Rights – The Constitution does not describe all of our rights. This amendment guarantees those fundamental rights not enumerated Courts can’t define all your rights but that doesn’t mean you don’t have them. Amendment 10. Limits The Power Of The Federal Government. Powers not granted to the U.S., nor prohibited to it by the States are given to the States or the people But what are they? State and federal governments have fought over what this means. In 1860, Southern States thought they had the right to quit the Union, starting the Civil War. The Union victory cemented the supremacy of federal power. Both the 9th and 10th Amendments echo the theory of the social contract; if the people have not agreed to delegate the powers, people still have them.

As people put the Constitution into practice, they found that the machinery of government did not work exactly the way its designers had expected. Slight changes were made in the th and 12th Amendments. Amendment 11. [1798] Removed From The Federal Courts All Lawsuits By Individuals Against States. You can bring suit against any State by introducing the case in the courts of the State that is being sued. Amendment 12. [1804] Changed The Electoral system For Choosing The President & Vice President. Originally, there was no distinction between candidates for president and vice president.

Civil War Amendments – 13, 14, & 15 – wiped out slavery.
[13 – freed the slaves; 14 – gave citizenship; 15 – gave right vote] Amendment 13. [1865] Banned Slavery and Involuntary Servitude. Amendment 14. [1868] Guaranteed Citizenship to the Freed slaves and Guaranteed Their Rights. All citizens were to get “Due Process” [now was applied to the States] and “Equal Protection” of the laws. Amendment 15. [1870] Guaranteed The right Of Freed Slaves To Vote. 32 33 34 35

Progressive Era Amendments 16th-21st
Amendment 16. [1913] Income Tax Laws are Legal. Amendment 17. [1913] Senators Will Be Elected By People, Not Legislatures. Amendment 18. [1919] Prohibition [Prohibited the manufacture, sale, or transportation of alcoholic beverages] A. Prohibition didn’t stop drinking, or people from making and selling beer, wine, or whisky. B. Bootleggers became rich by selling illegal liquor and bribing government officials. [In 1933, it was canceled by the 21st Amendment] [This attempt to make public policy was a disaster. It lasted for 14 years ( ). Gangsters bootlegged liquor; people died from drinking homemade booze; and millions broke the law by drinking anyway.] Amendment 19. [1920] Women’s Suffrage [Right to vote] In 1972, 218 women from 26 States were arrested for picketing the White House. 100 went to jail, some for months. Hunger strikes followed. The movement had began in 1873 by Susan B. Anthony. Women had been voting in some State and local elections since 1869. It took years for women to get to vote in national elections. 36 37 38 UT student 39

Amendment 20. [1933] “Lame Duck Amendment”
A. Set new dates for the start of terms for Congress [January 3, instead of the first Monday of December following the election] and for the inauguration of the President and Vice President [January 20, instead of March 4] B. Defeated candidates were called “Lame Ducks” suggesting that their political wings had been clipped. This shortened the time they could remain in office. Amendment [1933] Repealed the 18th Amendment [Prohibition] Amendments 22–26 deal with the presidency and with presidential elections. Amendment 22. [1951] Two-term Limit For Presidents or Not More Than 10 Years. 40

Amendment 23. [1961] Presidential Electors For Washington DC.
A. People living in the nation’s capital could not vote in previous national elections. B. This gave them 3 members of the Electoral College, the same number elected by each of the less populous States. They now could vote. Amendment 24. [1964] Poll Tax Banned In Federal Elections A. Five States were still requiring a fee to vote Many thought this was discriminatory. B. Poll taxes were banned in State and local elections in [It violated the “equal protection clause” of the 14th Amendment] Amendment 25. [1967] Presidential Disability and Succession A. Vice President Succession – President nominates a Vice President and a majority of both houses must approve. B. Presidential Disability – this is decided by the Vice President & a majority of the Cabinet. They send a written proclamation to the President pro tempore of the Senate and the Speaker of the House. The Vice President takes over as acting President. When the president recovers, he sends a written declaration to the same officials. If there is a disagreement over his recovery, the Vice President and Cabinet sends a new declaration within 4 days of the President’s. Congress must decide by a 2/3 vote within 21 days.

AMENDMENT 24: ABOLITION OF POLL TAXES - 1964
The right of United States citizens to vote in Presidential and Congressional elections will not be denied by reason of failure to pay any poll tax or other tax 1942 cartoon critical of Poll Tax

Amendment 26. [1971] Voting Age is Lowered To 18.
Who cannot vote? [the insane, criminals and those dishonorably discharged from the armed forces] Amendment 27. [1992] Congressional Pay. No law changing the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. 41

TODAY’S CONSTITUTIONAL ISSUES
Gun Control and the 2nd Amendment Death Penalty and Cruel and Unusual Prayer in Schools 1st Amendment Censorship & Free Speech Terrorism and Seize and Seizure rules – 4th Term Limits for Congress Campaign finance reform Abortion and Due Process rights – 5th

Informally Amending the Constitution
Informally amending the constitution is not truly amending it, just interpreting it differently over time, so these are non-constitutional [unwritten] changes. Many people despise informally amending the constitution citing that it deviates from the intent of the Framers of the Constitution. These changes have made the presidency more powerful and have made the federal government’s power over the States more substantial. Most changes [informal amendments] have come through reinterpretation of constitutional rules to suit the times. 42 Focus Why the informal amendment process is the real key to the changing constitution. How the Constitution is amended informally. 43 Most constitutional changes have been brought about through informal amendments – changes that have been made in the Constitution but that have not involved any changes in its written words. [unwritten changes] The informal amendment process is the key to the vitality of the Constitution. Much of the Constitution can not be seen with the naked eye. It has been put there by the day-today experiences of government. The Constitution can be informally amended by all three branches of government. 44 45 This occurs in 5 basic ways: Supreme Court Actions [decisions] 1. Congressional Action [law] 4. Political Party Actions 2. Presidential Action 5. Custom

1. Congressional Action Basic Legislation:
Congress is the major agent of informal procedures in 2 ways: Pass laws to spell out several of the Constitution’s brief provisions that were left “skeletal” by the Framers. The Congress has added details as times have required. Article III Section established a Supreme Court but all “inferior Courts” will be created by Congress. The 25th Amendment details minimal presidential succession roles… therefore the Congress created more detail. 2. The Constitution give expressed power to the Congress. For example, it states that the Congress can regulate foreign and interstate trade… but how? And what is regulate foreign and interstate trade? The Constitution does not say, the Congress has defined it.

2. Presidential Action 46 Executive Actions: These actions may produce informal amendments. Nowhere does it say the President can propose bills or budgets to congress, but Presidents have proposed hundreds of bills. Presidents also enter into executive agreements (pacts made with other foreign executives) rather than negotiate treaties which would require approval by the Senate. These executive action do carry the same force of law as a treaty. The way some presidents have used their powers have led to a redefinition of the constitution Example: The Congress declares war, but the president is commander in chief. Truman sent troops to Korea even though it says only Congress can “declare war” so this would be an example of executive action. Lincoln did this during the Civil War. Kennedy and Johnson sent troops to Viet Nam. Reagan sent troops to Grenada. Bush 41 sent troops to Panama. Clinton sent troops to Haiti in 94 and Bosnia in 95. Bush 43 sent troops to Iraq. Presidents, on over 200 occasions have used their position to order military force without the consent of Congress. 47 48

3. Court Actions 3. Court Decisions: The Supreme Court’s
interpretation’s of the constitution can be considered a way to informally amending it. In Marbury v. Madison, the Court established Judicial review (not a power listed in the constitution) and it remains with us today. In Roe v. Wade found a right to privacy granting a Constitutional right to abortion. In Lawrence v. Texas, the Court found that anti-sodomy laws were a violation of the same right to privacy Engel v. Vitale found that prayer in school was unconstitutional; Stone v. Graham found posting of the Ten Commandments in a classroom was unconstitutional. Brown v. Board of Education found that “separate but equal” education was unconstitutional. Woodrow Wilson referred to the Supreme Court as “a constitutional convention in continuous session.”

4. Party Actions 4. Party Practices: Even though such figures as George Washington feared political parties and advised against them, they formed and have become very powerful. Neither the Constitution nor any law say anything about how candidates for president will be nominated. Since the ’s, parties have held presidential primaries to determine this. Also, the States no longer choose the members of the electoral college; most often, the States do. National Conventions are not mentioned in the Constitution. The “rubber stamp” behavior of electors is an example of an informal amendment. The president picks appointees by party…etc. 49

5. Custom Custom: There are 14 cabinet heads… that was a creation of the executive branch, not the Framers, so this is an example of an informal amendment. The Vice President has taken over for every president who has died in office (8 since 1841) but it wasn’t until the 25th Amendment of the Constitution that the VP was officially empowered with the power to take over the Presidency. The practice of only serving two terms in office was well accepted until Franklin D. Roosevelt, who was elected to 4 terms. As a result, the 22nd Amendment (1951) of the Constitution was added to make the precedent set by Washington part of the Constitution. 49

Constitution mob rule Checks and balances
Note Sheet – Constitution The Constitution is a living Constitution because it is (flexible/inflexible) and can (change/not change) to meet the times. It (can/cannot) accommodate change. 2. The _______________ is the supreme law of the land. 3. When Jefferson wrote that the Constitution “belongs to the living and not the dead,” he meant that (the Framers should have made it more relevant to young people/it must be responsive to the changing times and customs). 4. Popular sovereignty means absolute power is invested in the (Congress/people). 5. The source of power in the U.S. is the (Supreme Court/people/the president). 6. Government has only the power the people give it is an example of (popular sovereignty/separation of power/limited government). 7. The Framers feared that direct rule would lead to ______ _______. 8. (Checks and balances/Separation of powers) mean power is distributed among the 3 branches. 9. Dividing the government into three distinct branches is an example of (checks and balances/separation of powers). 10. Legislative power is invested in the (Supreme Court/President/Congress). 11. The system of ________ _____ __________ keep one branch of government from dominating the actions of the others. 12. The President’s veto of an act of Congress is an example of (separation of powers/checks and balances/limited government). 13. The legislative branch can check on the executive branch by (President’s veto of an act of Congress/Congress overrides a presidential veto). Constitution mob rule Checks and balances

Judicial Marbury v. Madison Federalism 33 27 ¾ 38
14. The legislative branch can check the judicial branch by (Congress removing judges by impeachment/Congress overrides presidential veto). __________ Review – power given the courts to declare laws unconstitutional [null and void]. 16. The power of judicial review is held by (some/all) federal courts and most State courts. 17. Former Chief Justice Hughes said, “We are under the Constitution but the Constitution is what the (Congress/judges) say it is.” 18. In 1803, the Supreme Court first established the power of judicial review in what case? ______________________. 19. Dividing power between the National Government and the 50 States is known as _____________. 20. (Formal/Informal) amendments take place through the process of constitutional amendments. 21. Formal amendments (involve/don’t involve) changes in the written word of the Constitution. 22. (Formal/Informal) amendments take place without involving changes in the written word of the Constitution. 23. More than 10,000 formal amendments have been proposed in Congress since ____ have been sent to the States and ____ have been ratified. 24. Amendments must be passed by 2/3 vote of both houses and ratified by ___ of the State legislatures or _____ in number. Judicial Marbury v. Madison Federalism 33 27 38

Bill of Rights Civil War 19th
25. Twenty-sex of the twenty-seven amendments have been brought about by using proposed by (Congress/State legislatures) and ratified by (Congress/State legislatures). 26. The federal character of the U.S. government can be shown in the formal amendment process by proposals at the (national/State) level and ratification at the (national/State) level. 27. The only constitutional amendment to be repealed was the (17th, 18th, and 19th). 28. The three amendments which expanded suffrage are the 15th, 19th, and the (24th/25th/26th). 29. The most recent amendment in 1992 was the 27th and had to do with _____________ _____. 30. The first ten amendments are known as the _______ ____ __________. 31. The First Amendment includes freedom (to bear arms/of speech/from quartering of troops during peacetime). 32. The 13th, 14th, and 15th amendments were known as the ________ ______ amendments. 33. The (13th/14th/15th) amendment banned slavery and involuntary servitude. 34. The (13th/14th/15th) amendment gave the freed slaves their citizenship. 35. The (13th/14th/15) amendment gave the freed slaves the right to vote. 36. The (16th/17th/18th) amendment made income taxes legal. 37. The (16th/17th/18th) amendment said senators should be elected by the people. 38. The (16th17th/18th) amendment prohibited the sale of alcoholic beverages [prohibition]. 39. Amendment ____ in 1920 gave women the right to vote. Congressional pay Bill of Rights Civil War 19th

18th 26th 40. The 21st amendment repealed the _______ amendment.
41. The _______ amendment lowered the voting age to 18. [“If you can die for your country, you can vote for your country”] 42. Most constitutional changes have been brought about through (formal/informal) amendments. 43. The Constitution has grown and changed mostly as a result of (formal/informal) amendments. 44. (Formal/Informal) amendments are the key to the vitality of the Constitution. 45. The Constitution can be informally amended by the (executive branch only/legislative branch only/judicial branch only/all 3 branches). 46. Executive action [agreement] (may/may not) produce informal amendments. Executive action [agreement] (does/does not) carry the same force of law as a treaty. 48. When former President Harry S. Truman sent American troops to Korea even though the constitution said only Congress could declare war, this was an example of (congressional action/executive action/judicial action). 49. The “rubber stamp” behavior of presidential electors is an example of a(n) (formal/informal) amendment. 50. The custom of the President appointing a cabinet is an example of a(n) (formal/informal) amendment. 18th 26th

Constitutional Numbers Directions: Write the correct letter in the space provided. 1. _____ 4 A. Minimum $ value of property dispute which guarantees trial by jury. 2. _____ 12 B. Number of years a representative must have been a citizen. 3. _____ 35 C. The minimum number of presidential electors from any State. 4. _____ 2 D. This amendment gave women the right to vote. 5. _____ 435 E. Total number of U.S. senators. 6. _____ 7 F. The number of representatives in the House. 7. _____ 14 G. Total Electoral College vote. 8. _____ 27 H. The term of office for the president (in years). 9. _____ 6 I. The maximum number of years any president can serve. 10. ____ 10 J. This amendment outlaws cruel and unusual punishment. 11. ____ 13 K. Minimum age to be a U.S. representative. 12. ____ 3 L. The number of senators from each State. 13. ____ 20 M. Total number of Constitutional amendments. 14. ____ 538 N. Number of years a senator must have been a citizen. 15. ____ 25 O. Minimum number of representatives any State can have. 16. ____ 8 P. Amendment which freed the slaves. 17. ____ 1 Q. The minimum age to be president. 18. ____ 100 R. The term of office for a senator (in years) ____ 9 S. Amendment which changed the way we elect the president. 20. ____ 19 T. # of years a candidate for president must have been a resident within the United States.

Constitutional Numbers [Answers] Directions: Write the correct letter in the space provided. 1. _____ 4 A. Minimum $ value of property dispute which guarantees trial by jury. 2. _____ 12 B. Number of years a representative must have been a citizen. 3. _____ 35 C. The minimum number of presidential electors from any State. 4. _____ 2 D. This amendment gave women the right to vote. 5. _____ 435 E. Total number of U.S. senators. 6. _____ 7 F. The number of representatives in the House. 7. _____ 14 G. Total Electoral College vote. 8. _____ 27 H. The term of office for the president (in years). 9. _____ 6 I. The maximum number of years any president can serve. 10. ____ 10 J. This amendment outlaws cruel and unusual punishment. 11. ____ 13 K. Minimum age to be a U.S. representative. 12. ____ 3 L. The number of senators from each State. 13. ____ 20 M. Total number of Constitutional amendments. 14. ____ 538 N. Number of years a senator must have been a citizen. 15. ____ 25 O. Minimum number of representatives any State can have. 16. ____ 8 P. Amendment which freed the slaves. 17. ____ 1 Q. The minimum age to be president. 18. ____ 100 R. The term of office for a senator (in years) ____ 9 S. Amendment which changed the way we elect the president. 20. ____ 19 T. # of years a candidate for president must have been a resident within the United States. H S Q L F B T M R I P C A G K J O E N D

Interpreting the Bill of Rights Write the number of the amendment that prohibits the following violations. 1. ___ Luke was found innocent of armed robbery but the State decided to bring him to trial again anyway. 2. ___ After being found guilty of drunk driving, the court ordered that Carolyn spend the next thirty years in solitary confinement. 3. ___ The town of Upper Creek decided to double the taxes of all Catholics. 4. ___ In a civil trial where the dispute was over $2o, both sides were denied a jury trial. 5. ___ For no apparent reason, the police pulled Rita’s car over and began to search through her trunk and personal luggage. 6. ___ The U.S. Attorney General ordered all American citizens to turn in their rifles and pistols by noon on Saturday. 7. ___ Judge M.T. Nasty ordered a doctor to cut off the right hand of Sue, a convicted pickpocket. 8. ___The federal government decided that State governments were no longer necessary ___ The President declared that the only rights Americans have are those listed in the first eight amendments ___ A representative asked the local newspaper not to print an editorial critical of her record. P. 772 5 8 1 7 4 2 8 10 9 1

Interpreting the Bill of Rights [11-20] 11
Interpreting the Bill of Rights [11-20] 11. ___ During peacetime, the Army ordered the residents of Ramada to house its soldiers. 12. ___ A group of labor leaders were told that they could conduct a peaceful rally in the town square. 13. ___ Henry was arrested for shoplifting, but was not brought to trial for five years. 14. ___ The judge insisted that the defendant take the stand and explain his actions on the night of an alleged crime. 15. ___ The police decided to bug Kevin’s home phone in the hope that they would uncover some kind of crime. 16. ___ Congress passed a law banning the practice of Buddhism in the U.S. 17. ___ The judge decided to throw Joyce in jail without the benefit of due process. 18. ___ Melissa was arrested and placed behind bars without ever being informed of the nature or cause of the accusation. 19. ___ After being charged with arson, Nathaniel was denied the right of counsel for his defense. 20. ___ Judge Stone placed Kyle’s bail for cheating on a high school exam at $500,000. 3 1 6 5 4 1 5 6 6 8

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The Constitution The Engine of Our Republic “Supreme Law of the Land”

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The Constitution The Engine of Our Republic “Supreme Law of the Land”

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