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Chapter 3

Chapter 3. Constitutional Rights. Our Nations Framing Documents (3-1). Declaration of Independence July 4, 1776 Declaring independence from King George III and England Articles of Confederation 1781 – 13 colonies united loosely Promised many things. Our Nations Framing Documents.

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Chapter 3

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  1. Chapter 3 Constitutional Rights

  2. Our Nations Framing Documents (3-1) • Declaration of Independence • July 4, 1776 • Declaring independence from King George III and England • Articles of Confederation • 1781 – 13 colonies united loosely • Promised many things

  3. Our Nations Framing Documents • Articles of Confederation • One-house legislature • Strict term limits • Power to declare war, make peace, coin money, appoint a Commander in Chief • A national defense • States would be asked to pay taxes • Major legislation would require a 2/3 vote for passage • Amendments would require a unanimous vote

  4. U.S. Constitution • Seven Articles provided a framework for a federal government • “Of the people, for the people, by the people” • Nine states had ratified by June 1788 • March 4, 1789 congress declared the Constitution effective • Failure to protect human rights had to be corrected before the final four states would ratify

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

  6. Amendment 1 (3-2) • Freedom of Speech, religion, press, peaceable assemble, and to petition the government for a redress of grievances

  7. Amendment 2 • Well regulated militia and the right to keep and bear Arms

  8. Amendment 3 • No soldier in time of peace shall be quartered in any house w/o the consent of the owner

  9. Amendment 4 • Protection from unreasonable searches and seizures

  10. Amendment 5 • Double Jeopardy • You don’t have to be a witness against yourself

  11. Amendment 6 • Right to a speedy and public trial • Be confronted by witnesses against yourself and to cross examine those witnesses • Assistance of counsel for defense

  12. Amendment 7 • Right to trial by jury when the value is greater than $20

  13. Amendment 8 • Excessive bail shall not be required • No cruel and unusual punishment

  14. Amendment 9 • The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people.

  15. Amendment 10 • Powers not delegated to the states nor prohibited are reserved to the states or to the people

  16. Civil Rights • Personal, natural rights guaranteed by the Constitution

  17. Due Process of Law • Requires fundamental fairness in compliance with reasonable and just laws • Legal Rights • The benefits to which a person is justly entitled by law • Legal Duties • Obligations or standards of conduct toward other persons that are enforceable by law

  18. Peripheral Rights • Some rights are not explicitly mentioned in the Constitution or Bill of Rights, but courts have recognized them • Just because a right isn’t mentioned doesn’t mean it isn’t there

  19. More Constitutional Amendments • Amendment 13 • Abolishment of slavery • Unless for punishment of crime • Amendment 14 • States could not issue poll taxes • Amendment 15 • Gave newly freed slaves the right to vote

  20. More Constitutional Amendments • Amendment 19 • Gave the right to vote to women • Amendment 24 • The right to vote shall not be denied for failure to pay poll taxes or any other type of tax • Amendment 26 • Lowered the right to vote to age 18

  21. More Constitutional Amendments • Amendment 14 • Subjected the states to the same restraint as the 5th amendment • Limited the power of the states

  22. Division and Balance of Powers (3-3) • Checks and Balances • Created by the 55 delegates that created the Constitution • System that gives specific authority to each of the three branches of government

  23. Branches of Government • Legislative • Executive • Judicial

  24. Legislative Branch • The Congress consisting of two bodies • Senate • Two members from each state • Six year term • Power to try all impeachment cases • Trying a government official for misconduct in office • Requires a 2/3 vote for conviction

  25. Legislative Branch • House of Representatives • Vary depending upon population • Two year term • Power to initiate impeachment of a civil officer • Includes President and Vice-president

  26. Executive Branch • Headed by the President and Vice-President • Serve two - four year terms • Not elected directly but by electoral votes • Possible to win the popular but not win the presidency • Has happened four times now; 1824, 1876, 1888, and 2001 • Political Party • A private organization of citizens who select and promote candidates for election

  27. Judicial Branch • Headed by the Supreme Court • Justices are appointed by the president for life • Ultimately decides if statutes are constitutional • Decides if an action taken by the president exceeds the powers granted…if so it is void

  28. Changing the Constitution • Amendment • A change or alteration of the Constitution • A major check • Two ways to amend the Constitution • 2/3 majority vote from the House and Senate • Convention of 2/3 of the states and ratified by 3/4 of the states

  29. Our Form of Government • Pure Democracy • Every adult citizen may vote on all issues • Republic • A representative democracy • Voters select their representatives in elections

  30. Does the Federal Government have Total Governing Power? • Sovereignty of States • Freedom of external control • Ninth Amendment • Powers to the people • Tenth Amendment • Powers to the states • Powers of the Federal Government • Duty to protect every state, regulate commerce, etc. • Power to make detailed laws

  31. http://www.quia.com/quiz/752816.html

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