Constitution and Civil Rights

1. Constitution and Civil Rights

2. Constitution Basics • The Constitution of the United States was written in 1787. • It took effect in 1789. • It contains about 7,000 words – not that long – takes about one-half hour to read.

4. 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.

5. Constitution Basics • The Constitution is made up of three parts: • The Preamble • The Articles (There are 7) • The Amendments (There are 27)

6. Constitution Basics

7. 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.

8. 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.

9. 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.

10. Constitution Basics • Article V talks about amendments – or changes – to the Constitution. • YES! The Constitution can be changed. • YES! It has happened before – 27 times to be exact.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. Constitution Basics • summary

22. 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 traveled by horseback and sailing ships.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.

30. 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.

31. The Amendments • Thanks to the 14th Amendment, states cannot deny the BOR to anyone. • 14th 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.

32. The Amendments • The 13th Amendment banned slavery and passed in 1865, after the Civil War. • The 18th 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 21st Amendment passed repealing the 18th Amendment.

33. The Amendments • The 22nd 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 26th Amendment lowered the voting age to 18. • This passed in 1971 during the Vietnam conflict.

34. The Amendments • summary

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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.

43. 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.

44. Federalism: A Power Divided • summary

45. 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.

46. 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 non-slave state. • 24th State of the union – Jefferson City named capital in 1826.

47. Missouri Constitution • During Civil War – Missouri voted to stay part of the union even though most people agreed with Confederacy. • Grew in the 20th century – soy beans and corn major crops. Manufacturing in WWI and WWII. • Now, 5.7 million population, ranks 18th in U.S. behind Tennessee and ahead of Maryland. Largest city is Kansas City.

48. 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.

49. 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.

50. 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.