Chapter 36Chapter 36Introduction to Introduction to Constitutional Constitutional

LawLaw

US ConstitutionUS Constitution

• The framework of our government!The framework of our government!

• Establishes the executive, legislative Establishes the executive, legislative & judicial branches.& judicial branches.

• The SUPREME Law of the Land, The SUPREME Law of the Land, which all public officials are bound which all public officials are bound by oath to enforce.by oath to enforce.

Remarkable Features of the Remarkable Features of the ConstitutionConstitutionIts endurance!!!Its endurance!!!

– The oldest written national constitution The oldest written national constitution in the world that is still in usein the world that is still in use

– Ability to adapt itself to changing Ability to adapt itself to changing conditionsconditions

AmendmentsAmendments

• Founders of the US knew that the Founders of the US knew that the Constitution might have to be changedConstitution might have to be changed

• Two methods of proposing amendments Two methods of proposing amendments (or additions) to the Constitution(or additions) to the Constitution– 2/3rds vote of both houses of Congress2/3rds vote of both houses of Congress– National convention called by Congress at National convention called by Congress at

the request of the legislatures in 2/3rds of the request of the legislatures in 2/3rds of the statesthe states

Proposed AmendmentsProposed Amendments• Once proposed, an amendment does Once proposed, an amendment does

NOT take effect unless it is ratified NOT take effect unless it is ratified either by the legislatures in 3/4ths of either by the legislatures in 3/4ths of the states or by special ratifying the states or by special ratifying conventions in 3/4ths of the statesconventions in 3/4ths of the states

• Original 1787 Constitution contained Original 1787 Constitution contained only a few provisions guaranteeing only a few provisions guaranteeing rights.rights.

• 1791, Bill of Rights adopted by 1791, Bill of Rights adopted by Congress & ratifiedCongress & ratified

Bill of RightsBill of Rights

• 11stst – Protects the freedoms of religion, – Protects the freedoms of religion, speech, press, assembly, & petitionspeech, press, assembly, & petition

• 22ndnd – Protects the right of the people – Protects the right of the people to bear armsto bear arms

• 33rdrd – Protects against the quartering – Protects against the quartering of soldiers in private homesof soldiers in private homes

• 44thth – Protects against unreasonable – Protects against unreasonable searches & seizuressearches & seizures

Bill of Rights (continued)Bill of Rights (continued)• 55thth – Provides a right to due process of – Provides a right to due process of

law, includes against self-incriminationlaw, includes against self-incrimination• 66thth – Provides the right to a lawyer, an – Provides the right to a lawyer, an

impartial jury, & speedy trial in criminal impartial jury, & speedy trial in criminal casescases

• 77thth – Provides for jury trials in civil cases – Provides for jury trials in civil cases• 88thth – Bars cruel & unusual punishment – Bars cruel & unusual punishment

and excessive bail or finesand excessive bail or fines

Bill of Rights (continued)Bill of Rights (continued)• 99thth – Declares that the rights spelled – Declares that the rights spelled

out in the Constitution are not the out in the Constitution are not the only rights that people haveonly rights that people have

• 1010thth – Reserves to the states and the – Reserves to the states and the people any powers not belonging to people any powers not belonging to the federal governmentthe federal government

Use of PowersUse of Powers• Bill of Rights designed to protect Bill of Rights designed to protect

Americans against the overuse of power Americans against the overuse of power by the FEDERAL governmentby the FEDERAL government

• NOTHING specifically requires NOTHING specifically requires state/local governments to abide by the state/local governments to abide by the Bill of RightsBill of Rights

• Supreme Court interpreted 14Supreme Court interpreted 14thth Amend. Amend. (passed after Civil War) & applied most (passed after Civil War) & applied most protections in the Bill of Rights to the protections in the Bill of Rights to the state & local levels of Gov’t including state & local levels of Gov’t including schoolsschools

Other Notable Other Notable AmendmentsAmendments

• 1313thth – forbids slavery & outlaws – forbids slavery & outlaws involuntary servitude, except as involuntary servitude, except as punishment for crimespunishment for crimes

• 1414thth – equal protection of laws for all – equal protection of laws for all citizens & that no state can deprive citizens & that no state can deprive citizens of “…life, liberty, or property citizens of “…life, liberty, or property without due process of law…”without due process of law…”

1 of 3 Basic Principles1 of 3 Basic Principles

• The rights guaranteed in the Constitution The rights guaranteed in the Constitution are not, and cannot be, absoluteare not, and cannot be, absolute– Unrestricted exercise of certain rights would, Unrestricted exercise of certain rights would,

in some instances, restrict the rights of in some instances, restrict the rights of othersothers

• Balancing Test: used by judges to resolve Balancing Test: used by judges to resolve legal issues by balancing the interests in legal issues by balancing the interests in conflict and deciding which is of higher conflict and deciding which is of higher importanceimportance

• i.e. Yelling Fire (free speech v. safety of i.e. Yelling Fire (free speech v. safety of public)public)

2 of 3 Basic Principles2 of 3 Basic Principles

• It protects citizens from certain actions It protects citizens from certain actions by the governmentby the government

• Actions by private citizens, businesses, Actions by private citizens, businesses, or organizations are generally NOT or organizations are generally NOT covered by Constitutioncovered by Constitution

• i.e. Illegal searches & seizures or if i.e. Illegal searches & seizures or if neighbor searches your house (maybe neighbor searches your house (maybe crime but not against Constitution)crime but not against Constitution)

3 of 3 Basic Principles3 of 3 Basic Principles

• Enforcing ones rights can be time-Enforcing ones rights can be time-consuming & expensiveconsuming & expensive

• Weigh costs against the importance Weigh costs against the importance of protecting your rights (???)of protecting your rights (???)

• Many basic rights protected by state Many basic rights protected by state constitution and laws passed in constitution and laws passed in federal, state & local levelsfederal, state & local levels

Constitutional FloorConstitutional Floor• NO government – federal, state or local NO government – federal, state or local

– can take away the basic rights – can take away the basic rights protected by the federal Constitutionprotected by the federal Constitution

• Governments can grant citizens Governments can grant citizens GREATER rights that those found in GREATER rights that those found in the constitutionthe constitution

• i.e. Gay marriage/same-sex rights in i.e. Gay marriage/same-sex rights in some states is greater than basic rightssome states is greater than basic rights

Universal Declaration of Universal Declaration of Human RightsHuman Rights

• World Community has adopted individual World Community has adopted individual rights a/k/a human rightsrights a/k/a human rights– Political or civil rights (Bill of Rights)Political or civil rights (Bill of Rights)– Social & economic rights (Rights to Social & economic rights (Rights to

standard of living, housing, healthcare, & standard of living, housing, healthcare, & education)education)

US criticized for being a leader in Political US criticized for being a leader in Political Rights but ignoring Social & Economic Rights but ignoring Social & Economic

RightsRights