2. U.S. Constitution is the framework for our govt. -Establishes 3 branches: executive, legislative, and judicial. -It’s the supreme law of the land. -Guarantees Americans basic rights. Why does it rock? -It’s the oldest written national constitution in the world still in use (Since 1791-> 200+ years and still going!) -It’s ability to adapt as times change (Amendment process) U.S. Constitution Rocks!

3. A) How? (Proposed) 1. 2/3 vote of both houses of congress, or 2. National convention called by Congress at the request of 2/3 of the state legislatures B) How? (Ratified) 1. Approved by legislatures in ¾ of the states, or 2. Special ratifying conventions in ¾ of the states. C) Original constitution didn't guarantee individual rights, so Bill of Rights (First 10 amendments) were passed 1 st Amendment -> Protects freedom of speech, press, assembly, and petition

4. -2 nd -> Protects right to bear arms (guns) -3 rd -> Protects against quartering (housing) of soldiers in private homes. -4 th -> Protects against unreasonable searches and seizures. -5 th -> Right to due process (fair procedures when govt is deal w/ you) and gives rights to the accused (like no self- incrimination) -6 th -> Rights to a lawyer, impartial jury, and speedy trial -7 th ->Provides for jury trials in civil cases -8 th -> Prevents/Bars cruel and unusual punishment and excessive bail/fines. -9 th -> says: The rights in the Constitution are not the only rights we have (There are/can be more) (Don’t limit us!) -10 th -> Gives the people and the states any powers not belonging to the federal government.

5. Bill of Rights intended to protect us against overuse of power by federal govt. Even though originally these didn’t apply to states (so state governments could infringe on your rights!), after 14th amendment the Supreme Court said it did apply to local and state govts too... -- Other Important Amendments: 13 th -> abolished slavery (except as punishment for a crime) 14 th -> equal protection under the law for us all and no state can deprive us of due process w/regards to life, liberty, and property. 15 th -> forbids denying right to vote based on race or color... 19 th -> gave women right to vote !!!! 26 th -> gives 18+ year olds the right to vote

6. 1) Rights guaranteed in the Constitution are not absolute (can’t yell fire when you feel like it) - Courts have designed tests to see how cases should be decided, because constitution it too general.... - Like the Balancing Test- they’ll weight your right to yell fire (freedom of speech) with someone else's right not to be injured or panic... 2) Constitution protects citizens rights from certain actions by govt, not from private or individual actions. (If a person breaks into your house they aren’t violating the constitution, their breaking a law though.

7. 3) Enforcing your rights is expensive and time consuming. 4) It doesn’t contain all our rights...(sometimes the state or local govts give us more) 5) The rights in our Constitution are human rights (political/ civil)...but other rights like social and economic not in (like your right to a certain standard of living, housing, health care, education) <- are these social and economic rights enforceable? Should they be our goals? Very controversial….

8. The people give the govt its power! The power we give the govt is found in the Constitution... Its two goals? : 1) Define the powers of govt. 2) Protect individual rights of people It makes sure govt doesn’t become too powerful by: 1) Three separate branches, all equal!!! 2) Checks and balances- where each branch keeps the other in check... A) Judicial Review - The ability of judicial branch to declare an act of Congress or the president-Unconstitutional!!

9. - Constitution is supreme law of land-no law can be made, or action taken, which violates the constitution...If it’s found to be the courts can challenge it, strike it down.... B) Judicial Independence -An independent judiciary makes decisions based on law, not outside influences-not influenced by Congress, the President, or public opinion. -> Federal judges appointed by President and confirmed by the Senate, usually for life... -> This make it final protector of rights and liberties.

10. 2 separate court system: federal state established by established by Article III of state constitutions Constitution hear cases that relate hear cases concerning to the U.S. Constitution, the state and everything/ federal laws and regulations, everyone within it and treaties

11. -Three levels of courts 1) U.S. District Courts - courts of original jurisdiction, hear both criminal and civil cases - 94 of these - all states have at least 1 - in the federal courts civil trials have 6 persons in jury, 12 in criminal juries or 1 judge! 2) U.S. Circuit Courts of Appeals - courts of appellate jurisdiction - if not satisfies with decision of district court, come here… - 13 of these, covering several states - 3 judge panel

12. 3) U.S. Supreme Court - highest court in land - 9 judges, presided over by chief justice - hears appeals from U.S. Circuit Courts of Appeals and cases dealing with federal questions - have “discretionary jurisdiction”- can decide which cases to hear unlike #2 USCCOA; usually less than 150 of the 7,000 cases asked to review - Once they rule on a constitutional issue, their decision is final unless: 1) A constitutional amendment is passed to overturn its decision 2) The Supreme Court decides to overrule a previous decision 3) If it interprets an act of Congress, Congress may alter their decision by changing the law.

13. 1) What does privacy mean to you? 2) How can your privacy be invaded? 3) How can the Law protect the right to privacy? 4) Why should privacy be protected? Since mid-1960s Supreme Court has recognized a constitutional right to privacy under: A) Citizen’s right to be left alone (search and seizure) B) Citizen’s rights to make important decisions w/out govt. interference (i.e. marriage/family planning)

14. Constitution creates “zones of privacy” under following amendments: - 1st: Freedom of speech/assoc - 4 th : Freedom from unreasonable search and seizure - 5 th : Right to remain silent - 3 rd : Right to not quarter soldiers in peacetime - 9 th : Unspecified rights kept by the people Competition between privacy and govt interest... What is more important your right to privacy or the rights for society to remain safe? How does the government balance the two…

15. A) Privacy in the Home The case of Possessing obscene Materials at Home (p337) B) Privacy in the School Courts generally limit students rights to Privacy in the schools. Courts approve of locker check because… 1) They belong to the school (property) 2) Students can’t reasonably expect privacy on school property... - Courts approve searches without warrants or probable cause as long as suspicion exist...

16. - One law that protects students to privacy: Family Educational rights and Privacy Act of 1974. It: 1) gives parents right to inspect school records of kids 2) prohibits release of school records without the parents permission. 3) At age 18 you can see your own records…Does this Act really provide students with their rights?? C) Privacy on the Job 1) How much personal info can an employer require from an employee? 2) To what extent can an employer determine an employee’s private habits (i.e. dress, grooming, behavior on and off job?) Privacy Job - 1980 Congress Passed the Intelligence Identities Protection Act -> making it illegal for any govt employee to reveal the identity of intelligence agents working on behalf of US govt.

17. Information Gathering and Privacy -Privacy Act of 1974 prevents govt from releasing info about an individual w/out that persons written consent 1) protects medical, financial, criminal, and employment records from unauthorized disclosure 2) Entitles individuals to see info about themselves and to correct any mistakes If rights are violated sue in federal courts… Quote of the Day “ No person shall be.... deprived of life, liberty, or property, without due process of law.... Fifth Amendment

18. The Constitution requires the govt to follow due process when dealing with people, to prevent unfair/unreasonable decisions. The requirements for due process vary, but at a minimum they mean citizens: 1) Citizens must be given notice of govt plans... 2) Citizens must have the chance to comment on the action... Due process does not guarantee 1) That you will like the result 2) That the govt will not take actions that will deprive you life, liberty, and property (i.e. fire you from govt job, cut of social security check, etc) It will however make sure certain procedures are followed before certain action is taken...

19. Examples of Due Process - Notice of charges - Opportunity for trial - Assistance of a lawyer - Right to appeal - Right to an attorney - Right to call witnesses on your behalf

21. a.k.a “Legal fairness”- is this procedure or law fair?? Found in 5th and 14th amendments Two types: A) Procedural Due Process -> are legal procedures fair? B) Substantive Due Process -> is a law or govt action fair? Does it infringe upon our fundamental liberties (speech, religion, etc)? History of Due Process - Before the civil war the Supreme Court ruled the 5th Amendment only restricted unfair federal laws or actions-not state laws/actions that were unfair...

22. - After the Civil War amendments (13,14,15) were passed 5th amendment extended to unfair state laws and actions too...(esp. To make sure states didn’t pass laws that went against the 13,14,15 amendments and violated the rights of African Americans) A) Substantive Due Process - In early 1900s the Supreme Court used due process to strike down social/economic laws- like laws against child labor and for minimum wage. They declared these unconstitutional because it treated business owners and their property right unfairly... - This changed after the 1930s the court started to swing in the other direction..

23. - It decided to uphold these social/economic laws as long as they were rational... as long as it made sense to the state/federal law makes the Supreme Court said ok.. -In 1960’s courts used a stricter test, besides a law having to be rational it could not go against your fundamental rights (right to marry, have kids, etc) But the govt can intervene if it feels that it has a strong interest to take away those rights (like removing kids from abusive parents) B) Procedural Due Process (Fair administration of the Law) -> This does not guarantee that what will result will be to your liking, but it will be fair

24. -> Due process requirements vary depending on the situation...but always you as a citizen must be 1) given notice of what the govt plans to do 2) given a chance to comment on it before it happens. -> The govt can do things that deprive you of life, liberty, property- like cut off social security, fire you from govt job, death sentence, etc-but due process requires that certain procedure are followed before any action is taken... -> The procedures required for due process depend on: 1) Seriousness of the harm that might be done to you (Death penalty vs. Getting fired from govt job) 2) Risk of making an error without the procedures (is it high/low)

25. 3) Cost of govt in time, money, to carry procedures out... - The main reasons for having procedural safeguards (when life, liberty, property is affected by govt, action) is to prevent inaccurate/unjustified decisions Ex. Does the fact that state govts have websites that list convicted sex offenders without first having a court hearing to determine if they are currently a sex offender-violate that person right to due process? No! Its providing truthful info and they don’t state if you are currently one just that you were one at some point. No risk of error here, you were a sex offender...

26. - Other procedures -> 1) Right to attorney 2) Right to call witnesses on your behalf 3) a written decision with reasons listed based on evidence introduced 4) Transcript of proceedings 5) opportunity to appeal the decision, etc... - The Supreme Court decides what’s minimally required in due process laws, no state govt can do less, but they can do more!!!