Introduction to Constitutional Law Amendments & Basic Principles

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

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

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

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.

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…

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.”

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

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.”

3rd Amendment No quartering of troops

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.”

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

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

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

8th amendment Freedom from “cruel & unusual punishment”

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

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

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

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

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

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 intentionally publish false or harmful information about another person Freedom of religion does NOT protect every religious practice

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

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

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

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