Constitutional Rights

Constitutional Rights Chapter 3

Foundations of Our Constitution Lesson 3-1

Goals • Name the documents written in the course of our nation’s founding • Explain the relationship between the Declaration of Independence and the Constitution

Nation’s Framing Documents • Declaration of Independence • Articles of Confederation • U.S. Constitution • Bill of Rights

Declaration of Independence • 13 original American colonies met in Philadelphia • Adopted on July 4, 1776 • It declared that, “All men are created equal. .” • Appendix B – page 646

Articles of Confederation • 13 Sovereign states united in 1781 under a charter • Promised the following • One house legislature (Continental Congress) with 2-7 representatives from each state; each state had 1 vote • Strict term limits places on members of Congress; subject to recall by their state

Articles of Confederation (cont) • Power to declare war, make peace, enter into treaties and alliances, manage relations with Indian nations, coin money, settle differences between states, establish a postal system, and appoint a Commander in Chief • A national defense that would be paid for by the national government • States would be asked, rather than required, to make payments to the national treasury

Articles of Confederation (cont) • Major legislation, including bills relating to finance, would require a 2/3 vote for passage • Amendments to the Articles would require a unanimous vote of the states **Felt a need for a stronger central government than the one the Articles provided – led to the calling of a convention of delegates from the original 13 states

Delaware Pennsylvania New Jersey Georgia Connecticut Massachusetts Maryland South Carolina New Hampshire Virginia New York North Carolina Rhode Island The Original 13

U.S. Constitution • Convention held in Philadelphia in the summer of 1787 • Drafted the initial US Constitution • 7 articles provided a framework for the federal government “of the people, by the people, and for the people.” • By June 1788 – 9 states ratified • March 4, 1789 – Congress declared effective and binding (9 states ratified) • 4 states (VA, RI, NY, NC) claimed the wording failed to provide adequate protection of the human rights • Situation resolved by the adoption of the Bill of Rights

Bill of Rights • The first 10 amendments to the Constitution • Enacted as a shield against the possible violation of human rights

Freedom of religion (I) Freedom of speech (I) Freedom to assemble peaceably (I) A well regulated militia (II) Right to keep and bear arms (II) Security in person and property against unreasonable searches and seizures (IV) Right to remain silent if accused of a crime (V) Right to enjoy a speedy and public trial by an impartial jury (V-VI) Right to not be tried for the same crime twice (V) Right to fair compensation for private property taken by the government for a public purpose (V) Bill of Rights (cont)

Bill of Rights (cont) • Protection from the taking of life, liberty, or property without due process of law (V) • Right to a defense counsel in a trial and to confront witnesses against oneself (VI) • Protection from cruel or unusual punishment if convicted of a crime (VIII)

Assignment • Lesson 3-1 Worksheet • Page 44 #1-9, 12

Amendments to the Constitution Lesson 3-2

Goals • Discuss how the Constitution has been a shield against violations of basic human rights • Identify the basic human rights protected by the Bill of Rights and subsequent amendments

Assignment • Read lesson 3-2 and take notes • Page 49 #1-11 & 14

Division and Balance of Powers Lesson 3-3

Goals • Discuss how the Constitution created a system of checks and balances • Explain how the power to govern is divided between the federal and state governments

Checks and Balances • System of checks and balances • Gives specific authority to each of the 3 basic branches of government

Branches of Government • Legislative • Executive • Judicial

Branches of Government • Legislative (Congress) • Senate – 2 members from every state – regardless of population • House of Representatives – seats allocated to the states in proportion to their population • Majority vote of BOTH bodies is required for passage of any bill

Branches of Government (cont) • Legislative • The House has the power to initiate the impeachment of any civil officer of the US (including Pres and VP) for bribery, misdemeanors, or other high crimes • Senate has the sole power to try all impeachment cases (2/3 passage) • Impeachment Case – trying a government official for misconduct in office • People may vote out representatives in elections • House (2) Senate (6) Executive Office (4)

Branches of Government (cont) • Executive (President) • Headed by the President & VP • Elected by a vote of the people • Not elected directly by people – most votes may not be elected (1824, 1876, and 1888) • Political Party – private organization of citizens who select and promote candidates for election to public office • Agree on important government policies and legislation • Political parties not mentioned in the Constitution

Branches of Government (cont) • Judicial (Supreme Court) • Headed by the Supreme Court • Decides on the constitutionality of a statute passed by the legislative branch and signed by the President (executive) • Decides if actions by the President exceed the powers granted (void)

Changing the Constitution • Amendment • Change or alteration • Constitution may be amended in 2 ways: • Proposed by a 2/3 majority vote in both the Senate and the House (has been used by all amendments to date) • Requires the legislatures of 2/3 of all the states to call a convention of all the states • The amendment becomes a valid part of the Constitution only if it is ratified by the legislatures of ¾ of the states

Our Form of Government • Democracy – governmental system in which citizens vote directly to decide issues • Every adult citizen may vote on all issues (virtually impossible because millions of people) • Republic – (representative democracy) governmental system in which citizens elect representatives to decide issues • Voters select their representatives to the legislative, executive, and judicial branches • Few people actually exercise their right to vote

Does the Federal Government Have Total Governing Power? • X Amendment – acknowledges the continued sovereignty of all the states to govern their own citizens within their own borders • Powers by the state – business law, contract law, most criminal law, tort law, real property, probate law, and domestic relations law • Sovereignty – freedom from external control • Constitution is a shield against unlimited power of the federal gov • “the supreme law of the land” • Prevails over any possible contrary state constitution or law

Powers of the Federal Government • Duty to protect every state from invasion • Raise and support armies, a navy, and an air force for national defense • Exclusive power to regulate interstate commerce and foreign commerce • Each state can regulate intrastate commerce • Establish post offices, coin money, and tax imports and exports • Both federal and state can impose other taxes (on sales and on incomes) • The people, through votes, ultimately control the entire government structure

Assignment • Page 53 #1-10 • 3-3 Worksheet • Chapter 3 Test (Practice)

Constitutional Rights