Notes for the History and Principles of the Constitution and Bill of Rights

Influences From the Past Judeo-Christian tradition in comparison with the Greek/Roman ideals, stresses the dignity and worth of each person. Magna Carta 1215- established govt. based on the rule of law Feudalism was important to the development of constitutional govt. because it introduced the idea of govt. based on a contract

Key Terms Natural rights philosophy – main purpose of govt. is to protect individual rights Civic virtue – putting the common good above your own individual interests Unalienable rights – cannot be given up or taken away Popular sovereignty – political power is derived from the people Black codes – passed to limit newly won freedoms of former slaves

Amendments 1st – Free exercise clause prevents govt. from interfering with the right to practice one’s own religion 1st – clearly limits the powers of the Congress 9th – protections of rights which were not specifically listed 13/14/15 – did little to protect the rights of African Am. because federal officials did little to enforce the provisions (Civil War Amendments) 14th- extended the status of national citizenship to people regardless of race

Pre-Constitution In colonial America the right to vote most often depended on a person’s gender and property ownership Declaration of Independence stated the colonists grievances against British rule as they relate to political authority Most of the states constitutions provided for supremacy of the legislative branch Major weakness of the govt. under the AOC was its lack of authority to regulate interstate trade The first political parties in the U.S. developed bc of difference regarding the power of the federal govt.

Constitutional Convention Delegates to the convention were only authorized to amend the Articles of Confederation The debate over representation in Congress, the larger states generally favored proportional representation. The Framers adopted the electoral college bc they did not trust the judgment of the people Major objection to the Constitution by Anti-Federalists was it did not contain a bill of rights

Convention cont. Anti-Feds – most important goal was to limit powers of central govt. Federalists – believed the best way to protect natural rights was to rely on separation of powers and checks and balances Founders believed that the separation of powers was important in order to prevent misuse of power, and that majority rule could be a threat to natural rights Framers believed it was necessary to preserve the “right of the people to keep and bear arms” so citizens could defend their liberties

Congress/Legislative Branch Right of the Senate to approve or disapprove a treaty made by the president is an example of separation of powers. Among the important tasks facing the 1st Congress in 1789 was the need to create a system of federal courts In comparison with the executive branch as organized by the 1st Congress, the executive branch today has grown larger and more complex

Misc. Private domain – principle that govt. may not interfere in certain aspects of citizen’s lives Rise of capitalism made people pay greater attention to their private interests

Rights of the Accused Purpose of writ of habeas corpus is to protect individuals against unlawful detention Equal protection of the laws means that the government may not unfairly treat people differently Procedural due process is based on the idea that govt. officials must obey the law

Rights of the Accused Right to a fair trial provided for in the B.R. reflects the values of limited government An argument in favor of the exclusionary rule is that it encourages the police to protect defendants con. Rights

Supreme Court Critics of judicial review claim that it conflicts with principles of representative govt. The SC interpretation of the “necessary and proper” clause gave the federal govt. more power The SC decision in the Dred Scott case helped provoke the Civil War bc Congress could not prohibit slavery in the territories

Rights Leaders of the Civil Rights movement were aided by the Con. protection of freedom of assembly and petition The struggle to extend voting rights to women was hard bc of traditional views held my many people about the proper role of women

The Finishing Touches According to the supremacy clause of the Constitution, “supreme law of the land “ refers to the Constitution, federal laws, and treaties. Under the separate but equal doctrine, the SC upheld laws requiring racial segregation, despite claims that such laws violated the “equal protection” clause. The decline in voter turnout has resulted in increased influence of special interest groups. Affirmative action programs for women and minorities were designed to remedy the effects of past discrimination.

Time, place, and manner restrictions no freedom of expression are generally upheld by the courts if they do not make it overly difficult for a person to share their ideas with others. Individuals and groups that lobby government officials are exercising their right to petition. Bill of Rights v. Universal Human Bill of Rights is that the BOR is enforceable by govt.

Citizen in Action Citizens may participate in their own govt. but resident aliens may not. Many citizens believe the well-being of society also helps them advance and succeed. In a Con. Dem. citizens are expected to critically about public issues and participate in public affairs. The Rule of Law is a fundamental civic principle of our nation.

A more direct form of democracy has resulted from modern technology.