Constitutional Law Unit II Chapter

Introduction to Constitutional Law Chapter 36

Background The Constitution: –Establishes the framework of our government (Articles I – VII) –Acts as the supreme law of the land –Guarantees certain basic rights –Endures through the amendment process

Background Protections –Constitutional Protections Fundamental protections that cannot be denied and are very difficult to change –Statutory Protections (i.e. Laws) Represent the collective wisdom of the majority Can be amended or repealed by legislatures Interpretations –Strict constructionist –Loose constructionist

Constitutional Amendments EITHER …PROPOSED by 2/3 vote in BOTH Houses of Congress Or…PROPOSED by a national convention called by Congress at the request of 2/3 of the states RATIFIED by the legislatures of 3/4 of the states RATIFIED by conventions in 3/4 of the states (Constitution originally ratified by conventions) PROPOSAL STAGE RATIFY STAGE Used 26 times Used 1 time (21 st Amend) NEVER used

Amendments to the Constitution What are they? –Make a crib sheet Some interesting failed Amendments What is important to you? –Handout

Constitutional Law Principles The rights guaranteed in the Constitution are not absolute –Balancing test The Constitution protects citizens from actions by the government Enforcing one’s rights is time consuming and expensive Constitutional Floor – no level of gov’t can take away rights. However, governments can grant greater rights

Quiz Ch The __________ is the framework of American government, establishing the branches of government and basic rights. a. Magna Carta b. Declaration of Independence c. Constitution d. Federalist Papers

Quiz Ch The Constitution can be changed __________. a. by order of the president b. in no way c. by two different amendment processes d. by one amendment process

Quiz Ch __________ individual rights were included in the original Constitution. a. No b. A few c. Many d. All

Quiz Ch The Bill of Rights was added in 1791 to protect Americans against the overuse of power by the __________. a. federal government b. federal and state governments c. executive branch d. large business owners

Quiz Ch Through interpretations of the Fourteenth Amendment, __________ protections in the Bill of Rights apply to state and local government. a. all b. most c. no d. a few

Quiz Ch Rights guaranteed in the Constitution __________. a. are absolute b. cannot by their nature conflict with other rights c. may be limited when they conflict with other rights d. are guidelines which the government may observe if they don't conflict with government policy

Quiz Ch An example of a test used by the courts to determine how a freedom of speech case should be decided is __________. a. someone yells "Fire!" in a crowded theater b. considering that Congress is forbidden to make laws abridging the freedom of speech c. balancing the danger to the public against the benefit to an individual making the speech d. the percentage of people willing to accommodate that right in society

Quiz Ch The Constitution protects individuals from certain actions by __________. a. private citizens b. businesses c. organizations d. the government

Quiz Ch If your mother entered your locked bedroom and removed your diary and read it, she would have violated __________ rights under the Constitution. a. privacy b. privacy and free speech c. free speech d. none of your

Quiz Ch When your rights have been violated, you should __________. a. get a lawyer to sue b. consider whether to enforce your rights since it can be costly and time-consuming c. file a complaint with the civil liberties organization d. accept it as the price to pay for living in a democracy