Constitutional Rights Ch 2.1 Foundations of the US Constitution

Declaration of Independence Written by Thomas Jefferson for the Second Continental Congress 47 different alterations to the original document. “We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights….” Rights that cannot be repealed or restrained by human law. Natural Rights

Articles of Confederation The government was to be conducted by a one-house legislature with two to seven representatives from each state; each state, however, had only one vote before Congress. Strict term limits placed on members of Congress, who were subject to recall by their states. Only had the power to declare war, make peace, enter into treaties and alliances, manage relations with Indian nations, coin money, settle differences between states, establish a post office, and appoint a Commander in Chief.

Common defense or general welfare came from a common treasury Common defense or general welfare came from a common treasury. States contributed to this treasury in proportion to the value of their land. Paupers, vagabonds, fugitives from justice, and slaves were not entitled to the privileges and immunities enjoyed by the free citizens of the state. Major legislation would require a 2/3 majority vote. Amendments require an unanimous vote of the states.

United States Constitution Many problems with the Articles of Confederation. Convention called; result was the United States Constitution. Seven articles provided a workable structure for a federal government. Ratified by delegates from 9 of the 13 states. Put into force on March 4, 1789. North Caroline and Rhode Island last two to ratify. Did not feel that Constitution addressed human rights strongly enough. Result: Bill of Rights

Bill of Rights Documents that help to shape the Bill of Rights: Magna Carta Petition of Right of 1628 Bill of Rights Magna Carta was a charter agreed to by King John of England in 1215 to help settle a disagreement between the king and some rebel barons. It guaranteed protection of Church rights, protection of the rebel barons against imprisonment, access to swift justice when accused of a crime and limitations on the payments that were made to the crown. Petition of Right of 1628: was a major constitutional document that set out specific rights of the subjects that the king of England was prohibited from infringing on It placed restrictions on taxation; prohibited imprisonment without cause and forbid the use of martial law. Bill of Rights of 1689 was an act of Parliament which confirmed the Declaration of Rights. It dealt with the rights and liberties of the English Subjects and settled the succession where William and Mary were considered joint heirs. It also limited the power of the Monarchs and gave more power to the Parliament.

What does the Bill of Rights Do? Protects our Civil Rights Those rights that are personal, natural of the individual. Due Process of the Law At a minimum a defendant over whom jurisdiction has been established must be provided adequate notice and proper hearing. Right to be secure against unreasonable searches and seizures. Right not to be a witness against yourself in any criminal case The right for the accused to a speedy and public trial by an impartial jury of the state and district where the crime was committed Right to be informed of the nature and cause of the accusations.

Trial by jury in civil suits when the value is greater than $20.00 Right to be confronted with the witnesses against him Right to have a set process for obtaining witnesses in his favor Right to the benefit of counsel. Trial by jury in civil suits when the value is greater than $20.00 Excessive bail will not be required nor excessive fines; nor cruel and unusual punishment

Abolition of Slavery Toleration of slavery was a compromise Congress could not prevent, before 1808,” the migration or importation of such persons” Article I contained provision allowing slaves to be counted as 3/5 of a person. Slaves who escaped to another state had to be returned to ‘the party to whom such service or labor may be due.” 13th amendment: abolishment of slavery. “Neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Right to Vote 15th amendment: gave newly freed slaves the right to vote. Poll Tax: required each citizen to pay a specific amount to be eligible to vote. 24th amendment: guaranteed that the right to vote in federal elections “shall not be denied or abridged…by reason of failure to pay any poll tax or other tax.” Subsequently applied to all state elections Women: not guaranteed the right to vote until 19th amendment in 1920. “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”

Age: (1971) 26th amendment changed voting age from 21 to 18 in response to protests during the Vietnam War. Peripheral Rights: not specified in the Constitution but recognized by courts as necessary in protecting rights. Right of Privacy (Supreme Court-1960)