The Constitution & Law

1. The Constitution&Law

2. Our Complex System of Laws • What is the Form of the law – written or unwritten common law • What is the Source of the law – constitutional, statutory, case • Who are the Parties involved – public, private • What Offense does the law cover– criminal, civil

3. Types of Law • Social or Moral Law- “mala in se”, acts that are wrong in themselves. • Precedent • Common Law- The system of laws originated and developed in England and based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws. Case Law- Law based on judicial decision and precedent rather than on statutes.

4. Types of Law • Statutory Law- 'mala prohibita”, wrong because it is prohibited. • Constitutional Law • Ordinary Law • Federal • State • Ordinances

5. Order of Authority of Law U.S. Constitution- Supreme Law of the Land Treaties with Foreign Powers Acts of Congress- Federal Statutes passed by legislature. State Constitutions State Statutes Common Law/Case Law Ordinances

6. The ConstitutionSUPREMACY OF THE NATIONAL GOVERNMENT • Article IV Section 2 • This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

7. The Constitution • May 25, 1787 The Constitutional Convention opens • June 21, 1788The Constitution becomes effective • June 8, 1789James Madison introduces the proposed Bill of Rights • September 25, 1789Congress approves 12 amendments and sends them to the states for ratification. • December 15, 179110 of the 12 proposed amendments become part of the U.S. Constitution.

8. The Constitution • The U.S. Constitution has only 4,400 words. • Over one hundred countries around the world have used it as a model for their own. • It is a living document. • It is one of the world's oldest surviving and shortest written Constitutions

9. The Constitution • Since 1952 it has been stored in the National Archives Building in Washington, D.C. During the daytime, pages one and four of the document are displayed in a bullet-proof case. The case contains helium and water vapor to preserve the paper’s quality. At night, the pages are lowered into a vault, behind five-ton doors that are designed to withstand a nuclear explosion. The entire Constitution is displayed only one day a year—September 17, the anniversary of the day the framers signed the document.

11. The Constitution • Contains seven (7) Articles. • Article I-THE LEGISLATIVE BRANCH • Article II- THE EXECUTIVE BRANCH • Article III- THE JUDICIAL BRANCH • Article IV- RELATION OF THE STATES TO EACH OTHER • Article V- AMENDING THE CONSTITUTION • Article VI- NATIONAL DEBTS • Article VII- RATIFYING THE CONSTITUTION

12. Bill of Rights • Ratified effective December 15, 1791. • First 10 Amendments to the U.S. Constitution. • Initially 12 Amendments proposed. • Made applicable to the states July 9, 1868 with the passage of the 14th Amendment.

13. Bill of Rights • Amendment I: • Amendment II: • Amendment III: • Amendment IV: • Amendment V: • Amendment VI: • Amendment VII: • Amendment VIII: • Amendment IX: • Amendment X:

14. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: • Amendment III: • Amendment IV: • Amendment V: • Amendment VI: • Amendment VII: • Amendment VIII: • Amendment IX: • Amendment X:

15. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: Right to bear arms • Amendment III: • Amendment IV: • Amendment V: • Amendment VI: • Amendment VII: • Amendment VIII: • Amendment IX: • Amendment X:

16. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: Right to bear arms • Amendment III: Housing of soldiers • Amendment IV: • Amendment V: • Amendment VI: • Amendment VII: • Amendment VIII: • Amendment IX: • Amendment X:

17. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: Right to bear arms • Amendment III: Housing of soldiers • Amendment IV: Search and arrest warrants • Amendment V: • Amendment VI: • Amendment VII: • Amendment VIII: • Amendment IX: • Amendment X:

18. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: Right to bear arms • Amendment III: Housing of soldiers • Amendment IV: Search and arrest warrants • Amendment V: Rights in criminal cases • Amendment VI: • Amendment VII: • Amendment VIII: • Amendment IX: • Amendment X:

19. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: Right to bear arms • Amendment III: Housing of soldiers • Amendment IV: Search and arrest warrants • Amendment V: Rights in criminal cases • Amendment VI: Rights to a fair trial • Amendment VII: • Amendment VIII: • Amendment IX: • Amendment X:

20. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: Right to bear arms • Amendment III: Housing of soldiers • Amendment IV: Search and arrest warrants • Amendment V: Rights in criminal cases • Amendment VI: Rights to a fair trial • Amendment VII: Rights in civil cases • Amendment VIII: • Amendment IX: • Amendment X:

21. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: Right to bear arms • Amendment III: Housing of soldiers • Amendment IV: Search and arrest warrants • Amendment V: Rights in criminal cases • Amendment VI: Rights to a fair trial • Amendment VII: Rights in civil cases • Amendment VIII: Bails, fines, and punishments • Amendment IX: • Amendment X:

22. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: Right to bear arms • Amendment III: Housing of soldiers • Amendment IV: Search and arrest warrants • Amendment V: Rights in criminal cases • Amendment VI: Rights to a fair trial • Amendment VII: Rights in civil cases • Amendment VIII: Bails, fines, and punishments • Amendment IX: Rights retained by the people • Amendment X:

23. Bill of Rights • Amendment I: Freedom of religion, speech, and the press; rights of assembly and petition • Amendment II: Right to bear arms • Amendment III: Housing of soldiers • Amendment IV: Search and arrest warrants • Amendment V: Rights in criminal cases • Amendment VI: Rights to a fair trial • Amendment VII: Rights in civil cases • Amendment VIII: Bails, fines, and punishments • Amendment IX: Rights retained by the people • Amendment X: Powers retained by the states and the people

24. The First Amendment What are the five rights guaranteed by the First Amendment? • Freedom of _______ • Freedom of _______ • Freedom of the ____ • Freedom of _________________ • Freedom to _______

25. The First Amendment • Freedom of religion • Freedom of speech • Freedom of the press • Freedom of peaceful assembly • Freedom to petition “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.”

26. The Second Amendment “A well regulated _______, being necessary to the security of a free State, the right of the ______ to keep and bear Arms, shall not be infringed.”

27. The Second Amendment “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.” English Bill of Rights

28. Third Amendment • 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.

29. The Fourth Amendment “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.” • Requires ____(1)____ _____ • Forbids UN___(2)________ search and seizure

30. (1) Probable Cause- “…whether facts and circumstances are sufficient to warrant a prudent person to believe… • (2) Reasonable- in law, just, rational, appropriate, ordinary or usual in the circumstances

31. The Fifth Amendment “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.”

32. The Fifth Amendment • Guarantees: • ___ _______: substantive & procedural • Prohibits: • ______ ________ • ____-_____________

33. The Fifth Amendment • Guarantees: • Due process: substantive & procedural • Prohibits: • Double jeopardy • Self-incrimination

34. The Sixth Amendment “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 defence.”

35. The Sixth Amendment Establishes requirements for criminal trials: • A ______ public trial by an impartial jury of one’s peers • Be informed of the ______ and _____ of the accusation • Be confronted with and able to cross-examine _________ against one’s self • Subpoena witnesses in one’s defense • Be represented by _____ ________

36. The Sixth Amendment Establishes requirements for criminal trials: • A speedy public trial by an impartial jury of one’s peers • Be informed of the nature and cause of the accusation • Be confronted with and able to cross-examine witnesses against one’s self • Subpoena witnesses in one’s defense • Be represented by legal counsel

37. The Seventh Amendment • In Suits at common law, where the value in controversy shall exceed twenty (20) 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.

38. The Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” • Bail • Cruel and unusual punishment – issues regarding the death penalty, torture, stocks, public humiliation, etc.

39. The Ninth Amendment “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” • Government powers are limited by the rights of the people

40. The Tenth Amendment “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.” Embodies the principle of federalism

41. The Fourteenth Amendment Section 1.“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 shall 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 of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

42. The Fourteenth Amendment • Selective Incorporation Doctrine • only those provisions of the Bill of Rights fundamental to the American legal process are applicable to the states through the due process clause • the Second Amendment remains nonincorporated (i.e., not made applicable to the states) • Due Process • Specifically orders state and local officers to provide the legal protections of due process. • Equal Protection • “all people are created equal”

43. Amendment XI: Lawsuits against statesThe Eleventh Amendment was proposed on March 4, 1794, and ratified on February 7,1795. • Amendment XII: Election of the President and Vice PresidentThe Twelfth Amendment was proposed on December 9, 1803, and ratified on July 27, 1804. • Amendment XIII: Abolition of slaveryThe Thirteenth Amendment was proposed on January 31, 1865, and ratified on December 6, 1865. • Amendment XIV: Civil rightsThe Fourteenth Amendment was proposed on June 13, 1866 and ratified on July 9, 1868.

44. Amendment XV: Black suffrageThe Fifteenth Amendment was proposed on February 26, 1869, and ratified on February 3, 1870. • Amendment XVI: Income taxesThe Sixteenth Amendment was proposed on July 12, 1909, and ratified on February 3, 1913. • Amendment XVII: Direct election of senatorsThe Seventeenth Amendment was proposed on May 13, 1912, and ratified on April 8, 1913. • Amendment XVIII: Prohibition of liquorThe Eighteenth Amendment was proposed on December 18, 1917, and ratified on January 16, 1919. It was repealed by the Twenty-First Amendment, December 5, 1933.

45. Amendment XIX: Woman suffrageThe Nineteenth Amendment was proposed on June 4, 1919, and ratified on August 18,1920. • Amendment XX: Terms of the President and CongressThe Twentieth Amendment was proposed on March 2, 1932, and ratified on January 23,1933. • Amendment XXI: Repeal of prohibitionThe Twenty-First Amendment was proposed on February 20, 1933, and ratified on December 5, 1933. • Amendment XXII: Limitation of Presidents to two termsThe Twenty-Second Amendment was proposed on March 24, 1947, and ratified on February 27, 1951.

46. Amendment XXIII: Suffrage in the District of ColumbiaThe Twenty-Third Amendment was proposed on June 16, 1960, and ratified on March 29, 1961. • Amendment XXIV: Poll taxesThe Twenty-Fourth Amendment was proposed on August 27, 1962, and ratified on January 23, 1964. • Amendment XXV: Presidential disability and successionThe Twenty-Fifth Amendment was proposed on July 6, 1965, and ratified on February 10, 1967. • Amendment XXVI: Suffrage for 18-year-oldsThe Twenty-Sixth Amendment was proposed on March 23, 1971, and ratified on July 1, 1971. • Amendment XXVII: Congressional salariesThe Twenty-Seventh Amendment was proposed on September 25, 1789, and ratified on May 7, 1992.

47. Proposed Amendments • 1876: an attempt to abolish the United States Senate • 1876: the forbidding of religious leaders from occupying a governmental office or receiving federal funding • 1878: an Executive Council of Three should replace the office of President • 1893: renaming this nation the “United States of the Earth” • 1893: abolishing the United States Army and Navy • 1894: acknowledging that the Constitution recognizes God and Jesus Christ as the supreme authorities in human affairs. • 1912: making marriage between races illegal • 1914: finding divorce to be illegal

48. Proposed Amendments • 1916: all acts of war should be put to a national vote. Anyone voting yes had to register as a volunteer for service in the United States Army • 1933: an attempt to limit the personal wealth to $1 million • 1936: an attempt to allow the American people to vote on whether or not the United States should go to war • 1938: the forbidding of drunkenness in the United States and all of its territories • 1947: the income tax maximum for an individual should not exceed 25% • 1948: the right of citizens to segregate themselves from others • 1971: American citizens should have the alienable right to an environment free of pollution.

49. Criminal Law Felony: a serious crime generally punishable by death or imprisonment for more than one year Misdemeanor: a minor offense generally punishable by a fine or a short term of confinement, usually less than one year

50. Minnesota • Felony. "Felony" means a crime for which a sentence of imprisonment for more than one year may be imposed. • Misdemeanor. "Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed. • Gross Misdemeanor. "Gross misdemeanor" means any crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000. • Petty Misdemeanor. "Petty misdemeanor" means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed.