U.S. Constitution A Living Document

1. Freedom of religion, speech, press, assembly, petition 2. Right of people to bear arms 3. Soldiers shall not be quartered in private homes 4. Right to be secure in their persons, houses, papers, etc., and against unreasonable searches 5. Right to notice of charges, protection from double jeopardy, testifying against oneself, and punishment without due process of law 6. Right to speedy trial by jury, to confront witnesses, to counsel 7. Right to trial by jury 8. Protection against excessive bail, and cruel and unusual punishment 9. These stated rights do not mean that people could not have other rights, as well 10. Powers not given to the US in the Constitution are reserved for the States

How have changes or amendments to the U.S. Constitution Impacted Democracy ? Have amendments to the US Constitution restricted or expanded democracy? Read the Amendments

Joe’s View

Constitutional Issues Generally concerned with the question, Can the government do that?

Can the government do that? The Constitution articulates the powers of the government and the limits on that power. But, analyzing and interpreting the constitution can be complicated!

Constitutional Analysis ❶ What does the constitution say? ❷ How have the courts interpreted and applied the constitution in similar cases in the past?

Is it Constitutional? Can the government prohibit or regulate gun ownership by individuals in the U.S. ? US Constitution 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.” U.S. Supreme Court Decisions 2008: District of Columbia v. Heller The Federal government may not ban an individual’s right to own guns. 2010: McDonald v. Chicago State and Local governments may not ban an individual’s right to own guns.

Constitutional disputes and analysis will never end! A.The constitution, itself, changes B.Societal values and conditions change C.Judges change

A. The Constitution Changes Can people own slaves? 1789 The original U.S. Constitution acknowledged and permitted slavery. About half the states chose to practice slavery th Amendment “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

A. The Constitution Changes Who can vote? Each state decides who can vote. Originally, all states severely restricted the right to vote 1870; 15 th A. Non-whites 1920: 19 th A. Females 1964: 24 th A. The Poor 1971: 26 th A Year Olds

Can same-sex couples marry in CA? Only heterosexual couples allowed to marry in CA 2004 (Feb.)S.F. Mayor Gavin Newsom decided that the CA Constitution provides gay couples the right to marry, so he ordered that gay couples be allowed to marry in S.F. “A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens.” 2004 (Aug)CA Supreme Ct. ruled Mayor Newsom acted beyond his authority, it annulled all the gay marriages that had been perfomed in S.F., and it agreed that it would consider the issue.

Can same-sex couples marry in CA? 2008 (May)CA Supreme Ct. ruled that denying same-sex couples the right to marry does violate the CA Constitution » From June 16-November 5, 2008, roughly 12,000 same sex couples were married in CA; they are still married (Nov)CA voters passed Proposition 8 (52.5% to 47.5%) which amended the CA Constitution by adding: “Only marriage between a man and a woman is valid or recognized in California.” 2009CA Supreme Ct. ruled that denying same-sex couples the right to marry does not violate the CA Constitution

Can same-sex couples marry in CA? 2010A U.S Federal Court appeals judge ruled that CA Prop 8 violates the US Constitution’s right to “equal protection” of the law, but he ruled that same-sex couples cannot start getting married until the issue is considered by a higher appeals court 14th Amendment: “No State shall…deny to any person within its jurisdiction the equal protection of the laws.” 2012 A U.S Federal Court appeals judge ruled that CA Prop 8 violates the US Constitution’s right to “equal protection” of the law ?The US Supreme Court has been asked to consider and decide the issue.

B. Societal Values Change Can Black, Indian, Hispanic, Chinese, Japanese, and Filipino students be required to attend racially segregated schools? 14th Amendment: “No State shall…deny to any person within its jurisdiction the equal protection of the laws.” 1896 Plessy v. Ferguson Yes 1954 Brown v. Bd. of Education No

B. Societal Values Change Religion and Prayer in the Public Schools Amendment 1: “Congress shall make no laws respecting the establishment of religion, or prohibiting the free practice thereof” Over time, the Supreme Court has ruled schools cannot: Teach students a general Protestant religion and the King James Bible Begin the school day wih a generic prayer to God Begin the school day with a reading from various sacred texts Begin the graduation ceremony with a prayer Begin extracurricular events like football games with a team prayer Begin the school day with a silent prayer Post a copy of the Ten Commandments in the school library Begin the school day with students reciting the Pledge of Allegiance? Teach Creationism or Intelligent Design in Science classes?

C. Judges Change Can states execute convicted criminals? Amendment 8 “Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.” The US Supreme Court has ruled on Capital Punishment: 1976: Death penalty does not violate 8th Amendment 1986: States cannot execute the insane 1989: States can execute minors under : States can execute the mentally retarded 2002: States cannot execute the mentally retarded 2005: States cannot execute minors under 18

C. Judges Change Can the government limit the money that corporations and unions contribute to election campaigns? 1990 Yes 2002 Yes 2010 No

C. Judges Change Can the government deny a woman the right to choose to have an abortion? ? No X XX X ? ? ? X X

Constitutional Analysis Can the Government Do That? ❶ What does the constitution say? ❷ How have the courts interpreted and applied the constitution in similar cases in the past?

Remains a living, relevant, and extremely important document.