Constitutional Rights Ch 2.1 Foundations of the US Constitution

Live Crew Raps Roy Orbison’s “Oh, Pretty Woman”  Identify the parties involved.  Identify the court in which the case was heard.  What was the issue of the case  What are the arguments of each party involve  What was the decision of the court  What was the reasoning of the court in making its decision

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  Rights that cannot be repealed or restrained by human law.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. 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,  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  Addressed in Chapter 1. Hope you remember!!!!!  Documents that help to shape the Bill of Rights:  Magna Carta  King John of England in 1215  Protection of Church Rights  Protection of the rebel Barons against imprisonment  Access to swift justice  Limitations on payments to the Crown  Petition of Right of 1628  Restrictions on taxation  Imprisonment without cause  Use of Martial law  Bill of Rights  English Statute from 1689  Confirmed the Declaration of Rights  Rights and liberties of the English Subjects  Settled the succession in William III and Mary II

 Protects our Civil Rights  Those rights that are personal, natural of the individual.  Due Process of the Law  Guaranteed by the 5 th amendment.  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.

 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 compromised  Congress could not, 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.”  13 th 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  15 th 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 19 th amendment in “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) 26 th 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)