Constitution Day Community Legal Education Project

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Presentation transcript:

Constitution Day Community Legal Education Project University of Nebraska College of Law

The Constitution Does 3 Things Sets up the three branches of federal government Sets up the relationship between the states and the federal government Protects individual rights

1. Sets up the three branches of the federal government Legislative Executive Judicial

Separation of Powers “An elective despotism was not the government we fought for; but one in which the powers of government should be so divided and balanced among the several bodies of magistracy as that no one could transcend their legal limits without being effectually checked and restrained by others.” - James Madison

Checks and Balances

What can GILDAN do? What part of the GOVERNMENT should GILDAN convince to pass a NATIONAL school uniform law?

Legislative Branch States must purchase or make school uniforms. SCHOOL UNIFORM BILL States must purchase or make school uniforms. Students must wear the uniform to school every day.

Executive Branch PRESIDENT The Executive must sign the bill for it to become law. He or she can also “veto” the bill.

What can HANES do? HANES was outvoted in CONGRESS, and the PRESIDENT signed the bill into LAW. Are they completely out of luck?

COURTS The branch that interprets the law. Judicial Branch COURTS The branch that interprets the law.

2. The relationship between the federal and state governments What about the states? What if Nebraska does not want to spend the money to implement the school uniform policy and does not think the federal government can pass such a law? Are the states out of luck too?

The Constant Division of Government: A Big “T” The three branches of the federal government (the horizontal top line of the “T”) check themselves. The states individually (the vertical middle line of the “T”) check the whole federal government.

Federal Power vs. State Power 10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The Constitution grants express power to the federal government = you can only do this. The Constitution reserves power to the states = the states get to do the rest.

Uniformity vs. Diversity Federalism: The relationship between the federal government and the states. Make Treaties Print Money Declare War State Government Marriage Schools Speed Limits

3. Protects Individual Rights Limits government’s control over individuals

The Bill of Rights Protects Things Like:

What about clothes?

The First Amendment

Does this mean you can wear this to school…..?

Does this mean you can wear this to school…?

Does this mean you can wear this to school…?

Constitution of the Twitterverse @UNL_CLEP CHALLENGE: Apply what you’ve learned to a hypothetical. ISSUE: Should a school be able to discipline a student for an inappropriate comment made on social media? RULE: “Congress shall make no law ... abridging the freedom of speech...” ANALYSIS: Your class is now the Supreme Court. Debate the issue! CONCLUSION: Submit your decision (your tweet).