Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
What it means
Bill of Rights 1791- Ratified
Why added? Added at the request of the anti-federalist who feared a strong central government would limit the rights and freedoms of the people. Anti-Federalist led by Patrick Henry Samuel Adams Thomas Jefferson- but he was in France
Important to Note- Our rights stop when they infringe on other’s rights.
First- Freedom of Speech Tinker v. Des Moines School District Can speak out against gov and those of different beliefs
Freedom of Press
Freedom of Petition against gov.
Religion Can’t discriminate or prohibit a religion
Assembly Gather in protest
2nd- Right to form a militia and bear arms Another Example
3rd-No quartering troops Don’t have to house in time of war or peace w/o owner consent
4- No unreasonable search or seizure of property or person New Jersey v. T.L.O. (1984) Safford Unified School District v. Redding 09 Need Probable cause or reasonable suspicion Warrant
5- Due Process No double jeopardy Protected against self incrimination If acquitted can’t be tried for the same crime twice. How could O.J. be charged twice for death of his wife? Protected against self incrimination I plead the 5th Eminent domain- Gov can only take land if it benefits society Ex. Interstate highway/shopping malls
6 Right to a speedy trial with an unbiased jury Must be informed of charges against them Right to CX Right to an attorney
7 Right to a civil trial if damages are more than $20. (Now more) NOT criminal May wave trial for a bench trial- (just a judge)
8-Punishment for Crimes No excessive bail No cruel and unusual punishment
9- Unenumerated Rights Unenumerated Rights- if they are not listed doesn’t mean we don’t have them. Right to Privacy Griswold v Connecticut and now-
10- Power reserved to the states Any power that is not given specifically to the federal government is given to the states, unless it is specifically denied to the states.
The Constitution can be informally Amended By: Basic legislation Presidential Action Supreme Court Decisions Activities of Political Parties Custom
Basic Legislation Created lower courts through legislation Government agencies created Succession after VP Regulation of trade What do we “regulate”
Executive Action Made war without a declaration Vietnam Somalia 100’s of others Executive Agreement- a pact made directly between president and head of foreign country Treaty- Formal agreement between two or more sovereign nations Ratified by the Senate
Court Decisions Interprets what the Constitution means and sets precedence with their decision John Marshal- Supreme Court Justice set precedents in establishing Judicial Review in case of Marbury vs. Madison
Party Policy Developed parties- have shaped America Nothing in Constitution about them Altered the electoral college Political Primaries & Rubber Stamp Electoral College- the group that makes the formal selection of the president Government conduct much business based on parties
Custom Having a Cabinet Prayer before Congress starts 15 member An advisory body to president Prayer before Congress starts Until 25th VP just got the duties and responsibilities and not the office if president died 2 terms then out until Roosevelt Senatorial Courtesy- senate will approve only presidential appointees that the Senators from that state approves or is from the Presidents party. Ex. In SD a Federal Judge would be a Democrat b/c Obama is in and we are split.