Constitution and Civil Rights
Constitution Basics The Constitution of the United States was written in 1787. It took effect in 1789. contains about 7, 000 words – not that long – takes about one-half hour to read.
Constitution Basics The Constitution is a working document – which means it can be amended or changed today. It gives us a framework for how our government is organized. It also tells us who runs our government and how they are chosen.
Constitution Basics The Constitution is made up of three parts: The Preamble The Articles (There are 7) The Amendments (There are 27)
Constitution Basics The Preamble: Introduction and reasons why it was written…”We the People…” The Articles: There are 7, all labeled with Roman Numerals – Article I, Article II, etc… The Amendments: Currently 27 of these, the first 10 are called Bill of Rights
Constitution Basics The Preamble discusses why the Constitution was written. The reasons were (this should be review!!!): ◦ To establish a more perfect union, establish justice, insure domestic tranquility, provide a common defense, promote general welfare, secure the blessings of liberty.
Constitution Basics The Articles divides the Constitution up into seven parts. Articles I through III discuss how the legislative (Congress), executive (President), and judicial branch (Courts) are set up, and the “instructions” for each branch.
Constitution Basics Article IV discusses the states of America. How people from one state should be treated in another. How the government can create more states if needed, and that they will be protected from invasion.
Constitution Basics Article V talks about amendments – or changes – to the Constitution. YES! The Constitution can be changed. It has happened before – 27 times to be exact.
Constitution Basics Article VI lays the hammer down… This article makes it clear that the Constitution is the “law of the land”. Every American citizen must abide by the Constitution.
Constitution Basics Article VII talk about how the Constitution can be ratified – or approved – and accepted into law. 9 of the 13 original states had to vote to agree to the ideas and rules of the Constitution.
Constitution Basics The Constitution was established and built on the ideas of six main principles. Popular Sovereignty, Limited Government, Separation of Powers, Checks and Balances, Judicial Review, and Federalism.
Constitution Basics Popular Sovereignty: The power that the government has comes from the people of the United States. We give our consent – or permission – to the government to rule over us.
Constitution Basics Limited Government: Government must also obey the laws of the land. No one is above the law, not even government officials like a President.
Constitution Basics Separation of Powers: Constitution distributes power among three branches. Legislative makes laws, executive makes sure laws are being enforced, and judicial makes sure laws are fair.
Constitution Basics Checks and Balances: Each branch has restraints on their power, and the restraints come from the other branches. Examples are – Congress can make laws, but President can veto – or reject – a law.
Constitution Basics In turn, Congress can override a veto with a 2/3 majority vote from House of Reps. And Senate. President in commander-in-chief of military, but only Congress can declare war. President names Supreme Court judges, but the Senate must vote to approve them.
Constitution Basics Congress can impeach – or vote to remove a President from office. Judicial branch can declare laws “unconstitutional” or say they are unfair. These checks and balances force the government to compromise.
Constitution Basics Judicial Review: Courts can determine acts of government unlawful or illegal. Federalism: National government hold certain power, and state governments hold certain power. Dividing power this way prevents abuse.
Constitution Basics summary
The Amendments The United States Constitution has been around for 200 years – longer than any other country’s constitution. In 1789 when it went into effect, there were 4 million Americans, and 13 states. People ships. traveled by horseback and sailing
The Amendments Now there are over 300 million Americans and 50 states. The U. S. is the most powerful country in the world, and our standard of living is envied by the rest of the planet. Like the country – the Constitution has changed.
The Amendments Article V of the Constitution discusses amendments and lists a variety of ways they can be added to the Constitution. The most common method is that an amendment is proposed by 2/3 vote in Congress (HR and Senate), and ratified by 3/4 of the states.
The Amendments • Amendments show true examples of how Popular Sovereignty and Federalism are part of the Constitution. • Popular Sovereignty is shown because amendments are the will of the people. • Federalism is shown because amendments are proposed at a national level and ratified at a state level.
The Amendments There have been over 15, 000 proposed amendments since 1789. Only 33 of these have made it through Congress and have been passed to the states. Only 27 of the 33 have been ratified by the states.
The Amendments The first 10 amendments are called the Bill of Rights – they protect our freedom of expression and give us fair and equal treatment under the law. Most other amendments come from a particular event or situation.
The Amendments • BOR quick run down: • 1. Gives people the right to freedom of religion, speech and assembly. • 2. Gives people right to own guns. • 3. Military cannot force citizens to give them room and board.
The Amendments 4. Government cannot seize property without warrant or probable cause. 5. Do not have to testify against yourself, cannot be tried for the same crime twice. 6. Right to fair trial and access to a lawyer.
The Amendments • 7. Guarantees a jury trial in federal civil cases. • 8. Punishments for crimes must be fair and not excessively cruel. • 9. People have more rights than those listed in the Constitution. • 10. States have all power not given to federal government in Constitution.
The Amendments • Thanks to the 14 th Amendment, states cannot deny the BOR to anyone. • 14 th Amendment is also called the Due Process Clause, which protects all rights that are basic and essential. • Supreme Court has ruled that the BOR are all basic and essential.
The Amendments • The 13 th Amendment banned slavery and passed in 1865, after the Civil War. • The 18 th Amendment prohibited alcohol as an “experiment” to improve the quality of life in America. • The experiment failed – it led to an outbreak of organized crime. • 14 years later, the 21 st Amendment passed repealing the 18 th Amendment.
The Amendments • The 22 nd Amendment limited the number of terms a president can serve to two (8 years). • Republicans pushed for this amendment after Franklin D. Roosevelt held the presidency for 16 years (4 terms. ) • The 26 th Amendment lowered the voting age to 18. • This passed in 1971 during the Vietnam conflict.
The Amendments summary
Federalism: A Power Divided • The writers of the Constitution faced difficult questions. • On one hand they knew that the American Revolution was fought against an overpowering central government. • On the other hand, they knew that the Articles of Confederation which gave local states too much power was too weak.
Federalism: A Power Divided • The writers knew that they had to balance the powers of government some way. • This led them to the idea of Federalism. • The Constitution divides power between the national government, and the state governments. Each level of government has its own laws and regulations.
Federalism: A Power Divided • For example, the states determine their own laws when it comes to the death penalty. • In 48 states gas stations are self-service, but in New Jersey and Oregon motorists cannot pump their own gas. • Oregon and Washington have legal physician assisted suicide laws.
Federalism: A Power Divided • Many times the national government looks at the state governments as “experimental places”. • If a state passes a certain law, and it works – it may become a national law later. • If there is a natural disaster, the national government helps the states.
Federalism: A Power Divided The Constitution gives distinct types of powers to the National Government. Those powers are expressed and implied. Expressed power means powers that are listed in the Constitution word for word.
Federalism: A Power Divided • Examples of expressed powers of the National Government are: tax, create money, declare war. • Implied powers are not mentioned word for word, but are suggested in Article I, Section 8. • Article I, Section 8 called the “Elastic Clause” discusses this in the Constitution.
Federalism: A Power Divided “Congress has the power to make all Laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution…” The “Elastic Clause” gives Congress the power to adapt their power to different situations.
Federalism: A Power Divided • The Constitution also gives reserved powers to the States. • Reserved power are those powers that the Constitution does not give to the National Government. • States can create public schools, ban the sale of pornography, forbid persons under 18 from getting married, require licenses for hairdressers, lawyers, and plumbers, etc.
Federalism: A Power Divided In case there arose an argument over who – the National or the State Government – has the power for a certain situation the writers of the Constitution created the Supremacy Clause. Article VI, Section 2 says the Constitution takes precedence over all forms of state law.
Federalism: A Power Divided summary
Missouri Constitution • Brief history of Missouri: mound builder Indians inhabited the region before Europeans came. • French got here first – sold it to U. S. as part of Louisiana Purchase in 1803. • Missouri Territory created by U. S. Congress in 1812 – population 20, 000.
Missouri Constitution • Missouri petitioned for state hood in 1818 – started a debate as to whether it should be a slave state or non-slave state. • Missouri Compromise in 1820 – Missouri added as a slave state, Maine added as a nonslave state. • 24 th State of the union – Jefferson City named capital in 1826.
Missouri Constitution • During Civil War – Missouri voted to stay part of the union even though most people agreed with Confederacy. • Grew in the 20 th century – soy beans and corn major crops. Manufacturing in WWI and WWII. • Now, 5. 7 million population, ranks 18 th in U. S. behind Tennessee and ahead of Maryland. Largest city is Kansas City.
Missouri Constitution • Missouri has had four state constitutions – first was made in 1820 when it became a state. • In 1865 after Civil War second constitution made, third in 1875 after Supreme Court ruled that 1865 constitution violated the U. S. Constitution. • Fourth created in 1945 – this is the current state constitution today.
Missouri Constitution • Just like U. S. – constitution created three branches of government – legislative, executive and judicial. • Missouri’s Constitution has a Bill of Rights like the U. S. Constitution. • Also has a preamble that gives all of the power to the people.
Missouri Constitution • “We the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this Constitution for the better government of the state. ” • There are 13 Articles after the preamble – Article 1 contains the Bill of Rights – different than the U. S. Constitution…. and there are 32 of them compared to 10 to the U. S.
Missouri Constitution • Missouri’s legislative branch makes laws – and it is called the General Assembly. • It is bicameral (two houses) just like U. S. – called the Senate and the House of Representatives. • There are 34 senators and 163 representatives – each come from districts. Your senator is Ryan Mc. Kenna and your representatives are either Jeff Roorda (Imperial) or TJ Mc. Kenna (Barnhart).
Missouri Constitution • Qualifications to be a state senator – 30 years old, 3 year resident – serve 4 years, and salary is $31, 151. • For representative is 24 years old, 3 year resident, serve 2 years, and salary is $31, 151. • General Assembly meets yearly in Jefferson City.
Missouri Constitution • The executive branch of Missouri is headed by the Governor – Jay Nixon. (Head of U. S. Executive Branch is President. ) • Governors must be 30 years old, a U. S. citizen for 15 years (10 years in Missouri), serve 4 years, and make $120, 087. • Lieutenant Governor is like Vice President – serves 4 years, makes $77, 184.
Missouri Constitution • The Missouri Judicial Branch is headed by the Missouri Supreme Court. • 7 justices, all picked by the Governor and approved by the General Assembly. • Justices serve 12 year terms, and act as the highest court in Missouri – only U. S. Supreme Court is higher.
Missouri Constitution • As with the rest of the U. S. , to vote in Missouri you must be 18 years old, and a resident of your district for at least 30 days. • Latest time to register is 21 days before the election. • Cannot be incompetent, in jail, or incapacitated to vote. You have the right to vote – cannot be arrested on election day – unless serious.
Missouri Constitution
Missouri Constitution
Due Process of Law • Why is due process of law important to a free society? • Did you know that DNA evidence obtained through medical technology has reversed over 200 cases recently? • Those are innocent people who have been in prison for crimes they did not commit.
Due Process of Law • The Constitution has two due process clauses – the 5 th and 14 th Amendments. • 5 th Amendment says that the government cannot deprive life, liberty, or property without due process of the law. • 14 th Amendment says that states must do the same.
Due Process of Law Due process of the law means that government must act fairly and within the rules. This also means that laws must be fair as well. Here is an example of due process of law in action:
Due Process of Law • Rochin v. California 1952. • Rochin was a suspected drug dealer – police got a tip about where he was – police busted into his apartment – Rochin grabbed drugs and swallowed them – police had his stomach pumped – he was convicted. • However, Supreme Court said “not so fast!”
Due Process of Law • Judges ruled that police violated Rochin’s rights by busting into his apartment and forcing his stomach to be pumped. • Due process of the law kept Rochin free from conviction. • Speaking of police – each state’s police power plays an important role in due process.
Due Process of Law • Police power is designed to protect and promote safety in society. • The use of police power is often controversial causing the courts to determine the balance between the good of society, and an individual’s rights. • One of the most common battles is over drunk driving.
Due Process of Law • Each state has its own drunk driving tests – walking, breathalyzers, etc. • Question is raised – is it a violation of individual rights to force someone to take a drunk driving test? • Usually the courts side with the police because the safety of society is at risk.
Due Process of Law • Famous case – Schmerber vs. California where courts sided with police when they ordered a doctor to draw suspects blood. • Due process of law also is related to people’s right to privacy. • Right to privacy is someone’s right to be let alone.
Due Process of Law The most compelling right to privacy issue is abortion – a woman’s rights to terminate a pregnancy. In Roe vs. Wade in 1973 – the Supreme Court ruled that a Texas law, making abortion a crime was unconstitutional.
Due Process of Law • They ruled this way because they believed it violated a woman’s due process of the law. • Since the ruling there has been numerous challenges to abortion. • Anti-abortion supporters have won some minor battles recently placing serious regulations of getting abortions.
Due Process of Law summary
Freedom and Security How does the Constitution protect your freedom and provide you security? The Constitution is a rule book for government – but also says what the government cannot do to you. It lists freedoms and securities that you have.
Freedom and Security • The 13 th Amendment ends slavery in the U. S. – but also ends involuntary servitude. • You cannot be forced to work to pay off a contract or debt that has already been given. • This does not protect citizens from duty in the military, or convicted criminals from doing work in prison.
Freedom and Security • However, even after the 13 th Amendment, people were still allowed to practice private discrimination. • This did not end until the Civil Rights movement in the 1960 s. • Jones vs. Mayer 1968 – Courts ruled that private discrimination is illegal as well.
Freedom and Security • The 2 nd Amendment gives citizens the right to bear arms – allows for the citizen soldier. • This amendment has limits too – U. S. vs. Miller 1939 – weapons cannot be shipped across state lines without a license. • Felons and mentally ill cannot have weapons – or near schools or government buildings.
Freedom and Security • 3 rd and 4 th Amendments also provide securities – government cannot violate your home without just cause. • 3 rd Amendment prohibits military forcing you to provide room and board. • British troops used this often in the Colonies – hasn’t been challenged since 1791.
Freedom and Security • 4 th Amendment developed after British commonly searched homes for smuggled goods. • Now, probable cause or a warrant is needed for a search. • Example – Florida vs. J. L. 2000 – police get a tip about a man with a concealed weapon.
Freedom and Security • They find him at a bus stop and search him – they find a gun – they arrest him. • This is illegal – no probable cause or warrant. • However, Courts have allowed for arrests “in plain view” – man bagging cocaine in home – police see him through an open window – legal arrest.
Freedom and Security • Courts have also supported roadblocks – Lidster vs. Illinois 2004 – man arrested for drunk driving at roadblock stop – no probable cause or warrant needed to stop his car. • Arrests are considered seizure of a person – but no warrant is needed for an arrest. • Illinois vs. Wardlow – man arrested after running from police car – probable cause.
Freedom and Security • When it comes to cars, trucks, planes and boats, they are considered moveable crime scenes – no warrant needed. • Police can search but need to prove probable cause later in trial. • Since 1991 police can search all parts of cars – including locked glove compartments.
Freedom and Security Police can also determine probable cause from a police dog’s reaction. However – they cannot search you without probable cause or a warrant. Obtaining evidence correctly is important because of the Exclusionary Rule.
Freedom and Security • This rule states that evidence obtained illegally cannot be used in trial – police must obey rules and laws themselves. • Critics to the rule claim it allows criminals to walk free over a technicality. • To prevent this, Courts have narrowed the Exclusionary Rule.
Freedom and Security Drug tests and screenings are allowed – no warrant, no probable cause. Trend is for school districts to use this on all athletes and extracurricular activities. Patriot Act of 2001 has also given authorities more freedom in investigating.
Freedom and Security • Patriot Act was created to combat terrorism activity in U. S. • Federal agents – with a warrant – can search property without owner knowing – take photographs, and notes. • Wiretapping or bugging has also been a controversial issue.
Freedom and Security • Wiretapping for a long time was allowed because it was not considered searching property. • However, Katz vs. U. S. 1967 changed that – man made calls about illegal gambling from public phone booth that was bugged. • Court ruled it should have been private – so now warrants are needed to wiretap.
Freedom and Security summary
Punishment The Constitution sets limits on punishments for a crime. The 8 th Amendment in the Constitution prohibits cruel and unusual punishment for citizens are protected from “all barbaric tortures, such as burning at the stake, crucifixion, drawing and quartering”.
Punishment What is not considered cruel and unusual? Two prisoners in a cell designed for one – ok. Death penalty is ok – most controversial.
Punishment Executing prisoners is called “Capital Punishment” – today the Federal Government allows it, and 35 states allow it. Capital Punishment can only be a sentence if the victim of the crime died.
Punishment There are two stages for all Capital Punishment cases. 1. Regular trial to determine if the accused is guilty of the crime. 2. After accused is found guilty, jury listens to arguments for and against death penalty.
Punishment • Restrictions against the death penalty include that no mentally challenged person may be executed. • No one under 18 years of age may be executed. • Capital Punishment very controversial – over 125 prisoners released from death row because they were innocent in last 30 years.
Punishment What is treason? Treason is a major crime against the United States – can only be charged when U. S. is at war. Levying war against the U. S. – or aiding enemies against the U. S.
Punishment Treason law applies to all U. S. citizens – home and abroad. If U. S. is not at war and someone spies or helps spies against the U. S. it is not treason – considered espionage or sabotage. The punishment for treason is death penalty.
Punishment summary
Diversity and Discrimination The Constitution guarantees equal rights for all citizens under the law. However, that interpretation has changed over time. America was built on the concept of freedom – “all men are created equal”.
Diversity and Discrimination Ironically, over 400 slaves worked on the construction of the capitol building. The Equal Protection Clause – government cannot discriminate unreasonably. Example: Government can tax smoking products, but government cannot tax blonde smokers.
Diversity and Discrimination Supreme Court makes all rulings on equal protection using the rational basis test. Does the law in question achieve a reasonable governmental purpose? If yes, than the Court will defend the law and allow it.
Diversity and Discrimination Example: Alabama law allowed women to receive alimony payments after divorce, but not men. Rational basis test – does this achieve a reasonable governmental purpose? No – no reason to discriminate between men and women in this case – unconstitutional.
Diversity and Discrimination Segregation by race – the separation of one race from another. After the Civil War, former slaves were free – many states made segregation laws. These were called Jim Crow laws – prevented blacks from having equal access to public facilities.
Diversity and Discrimination • These included, schools, parks, cemeteries, restaurants, railroads, buses. • Jim Crow laws were challenged in Court by Plessy vs. Ferguson – black man forced to sit in different rail car. • The Supreme Court ruled that “separate but equal” is allowed – as long as facilities are equal.
Diversity and Discrimination Problem mean? with that – what does “equal” Separate but equal was the law for 60 years in the U. S. – allowed segregation. Finally in 1954, another court case – Brown vs. Board of Education overruled Plessy vs. Ferguson – ended segregation in public schools.
Diversity and Discrimination However, progress from Brown vs. Board of Education was slow – especially in south. It was not until the Civil Rights Movement of the 1960 s that sped things up. Civil Rights Act of 1964 – cut off federal money to any state with segregation.
Diversity and Discrimination This forced all states to shape up – or become economically damaged. However, even though segregation by law is illegal, de facto segregation still exists. De facto segregation is natural, society driven segregation.
Diversity and Discrimination Schools are still segregated in areas because housing patterns are segregated. Contrast percentage of black students here, with percentage of black students in St. Louis City schools. De facto segregation – not a law, happens naturally.
Diversity and Discrimination Classification by gender – women have also struggled for equal protection through history. 1920 women were given right to vote – other laws struck down other gender segregation. Gender classification still exists by law in some parts – female security guards at male prisons.
Diversity and Discrimination summary
Скачать презентацию Constitution and Civil Rights Constitution Basics The
294b2c824f8374ee932dd3aa6d7e9fd9.ppt