CONSTITUTIONAL RIGHTS

Chapter 2

Foundations of the U.S. ConstitutionSection 2-1

Documents that Formed Our Nation

1. Declaration of Independence July 4, 1776 Declared that we wanted to be free of British rule and

listed why2. Articles of Confederation

1st attempt of a constitution for the U.S. 1781-1787 Replaced by our current Constitution

3. U.S. Constitution The Bill of Rights Amendments Drafted in 1787, declared effective for all colonies on

March 4, 1789

Declaration of Independence

Declaration of IndependenceOutlines:

1. the reason for we were declaring to be free from England

2. rights every person should have

3. the purpose of a government

4. the reasons for abolishing the current government we were under

5. a list of complaints with being under English rule

6. rights that we would have as free states

What were some of the grievances of British rule listed in the Declaration of Independence?

1. Unfair taxes2. Cutting off trade for the

colonists3. Abolishing good laws4. Creating new government

departments with officials that harass people

5. Depriving colonists of trial by jury

6. Protecting British officials that were murderers

7. Hiring mercenaries to harass and kill people

8. Capturing and forcing colonists to fight against other colonists or be killed

Articles of Confederation IN 1781 the 13

original colonies united under the Articles of Confederation

The Articles were the 1st attempt to establish a government for the newly formed United States

Articles of ConfederationSome things the Articles of Confederation

did :1. Created a one house law making body

(the Continental Congress)1. 2 to 7 representatives from each state but

each state got only one vote2. Put term limits on members of Congress3. Gave the U.S. power to declare war or

make peace4. Created a postal system5. Gave the U.S. power to “coin” (make)

money6. Appoint a Commander in Chief

(president)7. Create a national defense (the military)

Articles of Confederation Many people felt the need for a stronger

central government than what the articles provided. Fixing the articles called for a special convention of representatives from each of the states. This special convention was held in Philadelphia, PA where they worked in a new document called the U.S. Constitution. The Articles of

Confederation needed to be

fixed!

The U.S. Constitution was drafted with 7 articles to create a strong government for the U.S.

It is the basic law of the land that sets up the offices of government and how they work, and lists the powers of each of the branches.

It was drafted in the summer of 1787. Our existence as a truly united country

began on March 4, 1789 when Congress declared the Constitution effective and binding. At this point there were only 4 of the 13 original states that thought the Constitution still needed work because it failed to list rights we should have as U.S. citizens. This led to the addition of some amendments called “the Bill of Rights”.

U.S

. C O N S T I T U T I O N

Bill of Rights The first 10 amendments to the

Constitution are called the Bill of Rights The Bill of Rights were created to make

sure that U.S. citizens would enjoy the basic rights that were listed in the Declaration of Independence.

The Bill of Rights lists all the rights that U.S. citizens are guaranteed by law.

The Bill of Rights: Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The 1st Amendment protects the people's right to practice any religion they want to, or no religion at all, to speak freely, to assemble (meet) with others, to communicate with the government and of the press (newspapers, TV, radio, Internet) to publish.

The Bill of Rights: Amendment 2

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.

The 2nd Amendment protects the right to own guns. There is debate whether this is a right that protects the state, or a right that protects individuals.

The Bill of Rights: Amendment 3

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

The 3rd Amendment guarantees that the army cannot force homeowners to house and feed soldiers.

The Bill of Rights: Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The 4th Amendment protects the people from the government improperly searching or taking property, papers, or people, without a valid warrant based on probable cause (good reason).

The Bill of Rights: Amendment 5 No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The 5th Amendment protects people from being held for committing a crime unless they are properly accused of a crime, that they may not be tried twice for the same crime (double jeopardy), that you can not be forced to testify against yourself, and from property being taken without just compensation.

The Bill of Rights: Amendment 6 In all criminal prosecutions, the accused shall enjoy the right to a

speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

The 6th Amendment guarantees a speedy trial, a jury that doesn’t already think you are guilty, accused people can confront witnesses against them, and that the accused must be allowed to have a lawyer.

The Bill of Rights: Amendment 7

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

The 7th Amendment guarantees a jury trial in federal civil court cases. This type of case is normally no longer heard in federal court.

The Bill of Rights: Amendment 8

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The 8th Amendment guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set.

The Bill of Rights: Amendment 9

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The 9th Amendment is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated.

The Bill of Rights: Amendment 10

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.

Civil Rights Through the Bill of Rights and other

amendments that were to follow (there are 27) the Constitution became a shield for the personal, natural rights of the individual. These rights are referred to as civil rights.

More amendments you need to know…

13th Amendment

1865

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.

End of slavery

15th Amendment

1870

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude--

The right to vote cannot be denied due

to race, color, or if you were previously a

slave

19th Amendment

1920

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

The right to vote can no longer be denied

to women

26th Amendment

1971

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

The right to vote was changed from age 21

to 18.

Review1. When was the Declaration of

Independence adopted?2. The inalienable rights mentioned in the

Declaration of Independence are “life, liberty, and the pursuit of _________.”

3. The 13 colonies originally created a common government under the Articles of __________.

4. Critics of the original Constitution claimed the wording failed to protect human _______.

Division and Balance of Governmental PowersSection 2-2

System of Checks and BalancesThe writers of the Constitution devised a unique system to govern our newly free country.This system was called the system of checks and balances.

a system which gives specific authority to each of the three basic branches of government

The Three Branches of GovernmentLegislative Branch

• Congress

Executive Branch

• President and Vice President

Judicial Branch

• Supreme Court

The Legislative Branch of Government

Legislative means “having the function of creating laws”The legislative branch at the federal government is CongressCongress consists of

a Senate—2 members from each state (elected for a 6 year term)a House of Representatives—seats are in proportion to state size

(elected for a 2 year term)Senate can block any action of the House, House can block any action of the SenateThe House has the power to impeach any civil officer for treason, bribery, or other crimesImpeachment cases involve trying a government official for misconduct in office—conviction requires a 2/3 vote

Who are the only two Presidents of the U.S. to be impeached?

The Executive Branch of Government

The executive branch is headed by the President and Vice President.

People vote for electors who will give electoral votes to a candidate

The person who wins the popular vote may not win the election (1824, 1876,1888, 2000)

A political party is a private organization of citizens who select and promote candidates for election to public office

The Judicial Branch of Government

The judicial branch is headed by the Supreme Court

The Supreme Court: decides if laws passed by the legislative

branch and signed by the President violate the U.S. Constitution in any way

Hears cases that were brought to court and appealed to them. The Supreme Court uses the U.S. Constitution to make a decision on the case. They only hear certain cases where a Constitutional issue is involved.

Interprets the Constitution. If they think the Constitution needs to be changed they will add an amendment to the Constitution.

Changing the Constitution The Constitution may be amended in two

ways.1. The amendment is proposed by a 2/3

majority vote in both the House and the Senate.

2. The legislatures of 2/3 of all of the states call a convention of all of the states. Under either method of proposal, the

amendment becomes a valid part of the U.S.Constitution only if it is ratified by the legislatures of ¾ of the states, or if it is ratified by conventions in ¾ of the states.

(The first way has been the way all the amendments have been adopted to

date.)

The U.S. Form of Government

In a pure democracy, every adult citizen may vote on all issues. (we do not have this)

In a representative democracy, or republic, voters select representatives that will vote on issues.

Sovereignty of the States Sovereignty means freedom from

external control. The 10th amendment acknowledges the continued sovereignty of all the states to govern their own people within their own borders. It is a shield against unlimited power by the federal government.

Limiting States’ Powers The 14th Amendment says, “All persons

born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any

person of life, liberty, or property without due process or law………”

This Amendment limits the power and protects against an abuse of power by state governments.

Powers of the Federal Government

The federal government has the right to: protect every state against invasion establish post offices coin money tax imports and exports

The federal government has the power to regulate interstate commerce (trade that affects trade between states)

States retain the authority to regulate intrastate commerce, or trade within its own borders.

I pledge allegiance to the flag of the United States of

America, and to the republic, for which

it stands, one nation, under God,

indivisible, with liberty and justice

for all.

Review1. What does separation of powers mean?2. What is a system of checks and

balances?3. What are the three branches of

government and who is in each branch?4. What does the legislative branch do?5. What does the Supreme Court do?6. Can the Constitution be changed?7. What type of democracy does the U.S.

have?8. What are some powers of the federal

government?