1. United States Constitution
Supreme law of United States
Took effect in 1789
Durable: 1) open-ended;
2) purposeful ambiguities

2. Results Rule Interpretation: Precedents Actual text of Constitution
Assumed intent
(discretion limited)

3. BRANCHES OF GOVERNMENT
Article 1: Legislative Power
House
Senate
Manner of Election
Qualifications of Members
Legislative Procedure (outline)
Indicates power & establishes limits on Federal and state legislative powers

4. 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.”

5. Article 2: Executive Powers
President/Commander-in-Chief
Procedures for selection
Qualifications for office
Oath

6. Executive Powers (cont)
5. Powers & Duties
6. List of succession
7. Impeachment & removal processes

7. Executive Powers Appoint Federal officers (removal?) Sign laws
“he shall take care that laws be faithfully
executed”

8. 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)

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

10. 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

11. The Bill of Rights Idea of anti-federalists
Anti-federalists v. Hamilton

12. First Amendment
“Congress shall make no law…abridging the freedom of speech.”
--Schenck v. United States—restrictions against obscenities, fighting words and other controversial forms
Symbolic gestures?

13. First Amendment (cont)
Freedom of the press
not absolute (example: libel)
Reporter/source confidentiality?
Branzburg v. Hayes
3. Prior Restraint

14. First Amendment (cont)
Freedom of Religion
Not absolute (example: polygamy)
Vast amounts of case law

15. 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.”

16. Third Amendment
Provides that no soldier shall be quartered in any house in peacetime without the owner’s consent
Collective right v. Unlimited right
Objection to England’s general warrants and writs of assistance

17. Fourth Amendment Prohibits “unreasonable searches and seizures”
Warrants must “particularly describe the place to be search and the person or things to be seized.” – probable cause

18. Fourth Amendment (cont)
Changes in world and application:
Patriot Act,
Electronic surveillance,
Cell phones, ?

19. 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

20. 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

21. 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

22. 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 old—living document
New frontier and possible effects