1. Introduction to Constitutional Law
Amendments & Basic Principles

2. Rank ‘Em Right to privacy Right to a jury trial
Right to freedom of religion
Right to freedom of speech
Right to be free from self-incrimination
Right to bear arms
Right to freedom of the press
Right to be free from cruel and unusual punishment
Right to assemble peacefully
Right to vote

3. Intro to Constitutional Law
U.S. Constitution is the framework of our gov’t
Establishes executive, legislative, & judicial branches
Constitution is supreme law of the land
Guarantees each American certain basic rights

4. Amendments to the Constitution
Founders anticipated Constitution might have to be changed in future:

5. Amendments to the Constitution
Original Constitution (1787) had few provisions guaranteeing individual rights
Citizens pressured leaders for a Bill of Rights
Quickly adopted in in 1791
Bill of Rights contain many basic rights
Freedom of religion, speech, press, assembly, petition, etc.

6. First Amendment
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of he press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
To be explained later…

7. 2nd 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 not be infringed.”

8. 2nd Amendment Right to bear arms
Illinois used to ban carrying weapons in public
This ban found unconstitutional
Concealed carry is now legal in Illinois

9. 3rd amendment
“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.”

10. 3rd Amendment
No quartering of troops

11. 4th amendment
“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.”

12. 4th Amendment
Freedom from “unreasonable searches and seizures” by gov’t
Probable cause
Gov’t must have reason to believe that a crime has PROBABLY been committed
Search warrants:
Must state WHAT or WHO is being seized
Must state WHERE search is to be

13. 5th Amendment: Right to Due Process
Right to a Grand Jury
“Plead the 5th”: Freedom from self- incrimination
Gives you right to not be forced to testify against yourself
Freedom from Double Jeopardy
Can’t be tried twice for same crime
Eminent Domain
Gov’t can take private land for public use
Must be rightfully compensated

14. 6th and 7th amendments Right to a lawyer
Right to a speedy & public trial in criminal cases
Right to a jury
Right to a trial by jury in civil cases too

15. 8th amendment
Freedom from “cruel & unusual punishment”

16. 9th amendment
Just because there are rights listed in the Constitution, it does not mean that there aren’t OTHER rights

17. 10th amendment “States’ Rights Amendment”
Powers not given to the federal gov’t belong to the states
“Reserved powers”

18. Bill of Rights & The States
Bill of Rights designed to protect Americans from abuse of power by federal gov’t
Constitution doesn’t require states to abide
In interpreting 14th Amendment, SCOTUS has extended most protections to state and local gov’t

19. Other Amendments 13th = Forbids slavery
14th = Equal protection of law for all citizens
15th = Forbids denying right to vote based on race, color
19th = Women’s suffrage
24th = Prohibits poll taxes
26th = Extended suffrage to 18+ year olds

20. Basic Constitutional Law Principles
Three basic principles to Constitution Law…
Rights guaranteed in Constitution are NOT absolute
Constitution protects citizens from certain actions by the GOVERNMENT
Enforcing one’s rights can be time-consuming & expensive

21. Principle #1 Rights are NOT absolute…
Freedom of speech does NOT mean anyone can speak about any topic at any time
Freedom of press does NOT allow person to intentional publish false or harmful information about another person
Freedom of religion does NOT protect every religious practice

22. Principle #1
Courts have designed several “tests” to determine how cases should be decided in Constitutional conflicts
“Rules” SCOTUS uses in analyzing constitutional issues
Ex: Yelling “FIRE!” in a crowded theater
Courts might use balancing test
Would weigh danger to public against benefit of individual

23. Principle #2
Constitution protects citizens from certain actions by the GOVERNMENT
Usually does not extend to private situations
Actions by private citizens, businesses, or organizations generally not limited by Constitution
Ex: If burglar breaks in your house and steals your TV, this is NOT a constitutional issue
May, however, constitute a tort, a crime, or both

24. Principle #3 Enforcing one’s rights can be time-consuming & expensive
Courts will not always side with you

25. Constitutional Floor
U.S. Constitution provides so-called constitutional floor
Minimum level of rights
State & local gov’ts can be more protective of rights than Constitution requires