Introduction to Constitutional Law Chapter 36 Introduction to Constitutional Law

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.

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

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

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

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

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

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

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

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…”

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)

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)

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

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

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