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The ConstitutionChapter Three
Structure and PrinciplesSeven articles and preamble:
Preamble-Why the constitution was written.
1. Article one-Est. the legislative branch. Lots of details.
2. Est. the executive branch. Vague.
Articles Continued…3. Article three-Est. the Federal
court system. Vague. Supreme Court
4. Article four-Explains the relationship between the states and Federal government. Federalism.
5. Article five-Amendment process.
Articles Continued…6. Article six-Supremacy Clause.
7. Article seven-Ratification process.
8. The Amendments.
Major Principles of the Constitution are…
Amending the Constitution…
Informal Changes to the Constitution
1. Changes through the passing of laws.
2. Changes through government practices. William H. Harrison. V.P? Two hour inaugural address during rain storm. Pneumonia!
3. Commerce Clause is a good example.
Changes Through Custom and Usage
The constitution does not mention:
1. Political parties. Picks electors.
2. Presidential succession.
3. Executive agreements.
4. Impeachable offenses.
5. Privacy from the gov’t.
Who Determines What the Bill of Rights Mean?
The Supreme Court makes rulings on the meaning.
The Supreme Court balances the rights of the individual with the needs of society.
Individual?? Society??
Freedom Within LimitsLibel
This is when there are lies or wrong information that damages a persons reputation in writing.
Absences of malice excepted.
SlanderThis false
speech that damages a persons reputation.
Also, a person can’t yell fire in a crowded theater when NO fire exists.
The First Amendment—Five Rights Mentioned.
Freedom of Speech.
Freedom of Religion.
Freedom of the Press.
Freedom of Assembly.
Right to petition the government.
2nd Amendment—Right to Bear Arms.
“A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”
What is the Debate With the Right to Bear Arms?
How much can the government keep guns from criminals and youth?
In order to keep guns away from criminals, does that limit the right of law abiding citizens?
Third Amendment
The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.
Rights of the Accused Amendments #4-8
Important to preserve freedom
Fourth Amendment
What does a policeman need in order to search your home? A warrant given
to him by a judge. Probable cause is
also needed first!
Fifth Amendment You cannot be tried for the same crime twice—
called “Double Jeopardy.”
You do not have to testify against your self. “I plead the fifth.”
You must have due process of law before you are convicted.
The government cannot take your land unless it pays you.
Future Fright 1 F.F. 2. F.F. 3.
Sixth Amendment
Right to a speedy trial by impartial jury—meaning not favoring either side.
Civil Rights
Sixth Amendment continuedYou must be told of
charges against you.
You must be provided a lawyer if you cannot afford one.
Eighth Amendment
No excessive bail.
No cruel and unusual punishment.
Prisoner kissing his Mom in prison
Fourth AmendmentProtection of privacy from the government & zones
of privacy:
1. Probable cause.
2. Search Warrants.
3. Surveillance.
4. Arrest warrant.
Fifth Amendment
1. Double Jeopardy.
2. “I plead the fifth.”
3. Due process of law.
4. Eminent domain.
Seventh Amendment
The right to a jury trail concerning amounts over $20.00.
Ninth Amendment“Rights reserved by the People.”
There are NO loop holes concerning our civil rights.
Even IF a right is not written in the constitution, it doesn’t mean we don’t have that right!
“Zones of privacy.” Drones
Tenth Amendment“Rights retained by the states.”
1. IF there is NO Federal law concerning a subject, then the state can have a law. National speed limit?
2. Marriage licenses, health dept., state parks, and public education. No Child Left Behind?
Jefferson’s Most Important Amendment?
He said that with this ONE amendment you would regain all the other civil rights.
First Amendment!
Other AmendmentsEleventh-1795
1. Citizens from one state can’t sue another state.
2. If NV passed a law, a resident/citizen of CA can’t sue NV over it.
Twelfth-1804 1. President/Vice
president run as a team.
2. Before Amend. 12 the top two vote getters became Pres./V.P.
3. Pres. Adams and V.P. Jefferson were of different political parties. Not good.
Civil War Amendments1. Thirteenth Amendment. 1865.
Outlawed slavery.
2. Fourteenth Amendment. 1868. Prohibits a state from depriving a person of “Life, liberty, or property.” Equal protection under the law. Start “Incorporation.”
3. Fifteenth Amendment. 1870. Right for ALL males to vote.
Later Amendments1. Sixteenth Amendment. 1913.
Federal income taxes.
2. Seventeenth Amendment. 1913. Direct vote of U.S. Senators.
3. Eighteenth Amendment. 1919. Prohibition. Dry Period
Later Amendments Continued…
1. Nineteenth Amendment. 1920. Universal suffrage. Susan B. Anthony
2. Twentieth Amendment. 1933. New dates for Congress/Pres.
3. Twenty-First Amendment. 1933. Repeals 18th. Only one repealed! Repeal
Later Amendments…1. Twenty-Second Amendment.
1951. Limits Pres. to two terms.
2. Twenty-Third Amendment. 1961. Allows D.C. citizens to vote for Pres.
3. Twenty-Fourth Amendment. 1964. Prohibits Poll tax. Modern Poll Tax?
Later Amendments Continued…
1. Twenty-Fifth Amendment.1967. Presidential succession/disability. L.B.J?
2. Twenty-Six Amendment. Lowers voting age to 18.
3. Twenty-Seventh Amendment. 1992. No pay raise during CURRENT Congressional session.
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