1. Introduction to Constitutional Law
Chapter 36
Introduction to Constitutional Law

2. US Constitution The framework of our government!
Establishes the executive, legislative & judicial branches.
The SUPREME Law of the Land, which all public officials are bound by oath to enforce.

3. Remarkable Features of the Constitution
Its endurance!!!
The oldest written national constitution in the world that is still in use
Ability to adapt itself to changing conditions

4. Amendments
Founders of the US knew that the Constitution might have to be changed
Two methods of proposing amendments (or additions) to the Constitution
2/3rds vote of both houses of Congress
National convention called by Congress at the request of the legislatures in 2/3rds of the states

5. Proposed Amendments
Once proposed, an amendment does NOT take effect unless it is ratified either by the legislatures in 3/4ths of the states or by special ratifying conventions in 3/4ths of the states
Original 1787 Constitution contained only a few provisions guaranteeing rights.
1791, Bill of Rights adopted by Congress & ratified

6. Bill of Rights
1st – Protects the freedoms of religion, speech, press, assembly, & petition
2nd – Protects the right of the people to bear arms
3rd – Protects against the quartering of soldiers in private homes
4th – Protects against unreasonable searches & seizures

7. Bill of Rights (continued)
5th – Provides a right to due process of law, includes against self-incrimination
6th – Provides the right to a lawyer, an impartial jury, & speedy trial in criminal cases
7th – Provides for jury trials in civil cases
8th – Bars cruel & unusual punishment and excessive bail or fines

8. Bill of Rights (continued)
9th – Declares that the rights spelled out in the Constitution are not the only rights that people have
10th – Reserves to the states and the people any powers not belonging to the federal government

9. Use of Powers
Bill of Rights designed to protect Americans against the overuse of power by the FEDERAL government
NOTHING specifically requires state/local governments to abide by the Bill of Rights
Supreme Court interpreted 14th Amend. (passed after Civil War) & applied most protections in the Bill of Rights to the state & local levels of Gov’t including schools

10. Other Notable Amendments
13th – forbids slavery & outlaws involuntary servitude, except as punishment for crimes
14th – equal protection of laws for all citizens & that no state can deprive citizens of “…life, liberty, or property without due process of law…”

11. 1 of 3 Basic Principles
The rights guaranteed in the Constitution are not, and cannot be, absolute
Unrestricted exercise of certain rights would, in some instances, restrict the rights of others
Balancing Test: used by judges to resolve legal issues by balancing the interests in conflict and deciding which is of higher importance
i.e. Yelling Fire (free speech v. safety of public)

12. 2 of 3 Basic Principles
It protects citizens from certain actions by the government
Actions by private citizens, businesses, or organizations are generally NOT covered by Constitution
i.e. Illegal searches & seizures or if neighbor searches your house (maybe crime but not against Constitution)

13. 3 of 3 Basic Principles
Enforcing ones rights can be time-consuming & expensive
Weigh costs against the importance of protecting your rights (???)
Many basic rights protected by state constitution and laws passed in federal, state & local levels

14. Constitutional Floor
NO government – federal, state or local – can take away the basic rights protected by the federal Constitution
Governments can grant citizens GREATER rights that those found in the constitution
i.e. Gay marriage/same-sex rights in some states is greater than basic rights

15. Universal Declaration of Human Rights
World Community has adopted individual rights a/k/a human rights
Political or civil rights (Bill of Rights)
Social & economic rights (Rights to standard of living, housing, healthcare, & education)
US criticized for being a leader in Political Rights but ignoring Social & Economic Rights