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By Sara Fountain Created for: EDCI 270. Click the flag to go to the next slide. THE CONSTITUTION. Bill of rights Constitution Amendments 11-27 Founders History Quiz. Click here to go to the next page. How to Navigate. This button takes you to the next page.
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By Sara Fountain Created for: EDCI 270 Click the flag to go to the next slide
THE CONSTITUTION Bill of rights Constitution Amendments 11-27 Founders History Quiz Click here to go to the next page
How to Navigate This button takes you to the next page This button takes you to the quiz after you’ve completed the tutorial This button takes you to the previous page This button takes you to the home page (first slide)
Interesting Facts • In 2011, 7% of Americans polled could name what group drafted the constitution • What kind of government did you give us? A citizen asks Benjamin Franklin outside the constitutional convention. He replies, “A republic, if you can keep it.” • “A constitutional democracy is in trouble if it’s citizenry doesn’t have a certain degree of education and civic virtue”—Philip E. Johnson
Why do you need to know the constitution? Click anywhere in the black space to start the video
Teens Polled • 25% knew what city the constitution was written in. • 21.2% knew how many U.S. senators there are. • 35.5% know the first 3 words of the constitution. • 41.2% know the 3 branches of the government. • 44.8% know the bill of rights. Is this YOU?
Bill of Rights Freedom of Speech Right to keep and bear arms Protection of quartering of troops Right of search and seizure regulated Due process, double jeopardy, eminent domain, self incrimination Right to speedy trial Common law Excessive bail, cruel punishment Can’t be denied these rights Rights of states
Freedom of Speech • As it’s written: “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 people to peacefully assemble, and to petition the government for a redress of grievances” • Layman's terms: there’s no national religion, anyone can voice their opinion, the press (news) can say what they want without fear, people can peacefully get in to groups and protest, they can also write a paper and have people sign it of the things they are not happy about with the government
Application • Occupy Wall St.—is this legal?
If it’s peaceful then yes • If it’s not peaceful—then no
Right to bear arms • As it’s written: “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” • Layman’s terms: any citizen is able to legally own and carry a gun
Application • In Chicago, it’s illegal to carry a firearm.—Is this law legal?
No • Why is the crime percentage so high • It’s not the legal guns that are responsible for the majority of crime, It’s the illegal ones that criminals use.
Protection of quartering of troops • As it’s written: “No soldier shall, in time of peace be quartered in an house, without the consent of owner, nor in time of war but in a manner to be prescribed by law.” • Layman’s terms: No soldier shall stay in anyone’s house during time of peace without the owner’s permission
Application • While this isn’t as big of an issue as it was during the revolution it could be an issue in the future. • Post civil war, could a confederate soldier take over your home in the North as a command post without your permission? • NO
Search and Seizure • As it’s written: “The right of 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 persons or things to be seized.” • No searches are allowed of a person’s belongings without a warrant or probable cause. All warrants must be issued by a judge.
Application • Indiana’s new law states police don’t need a warrant to search your house. Which amendment in the bill of rights does that infringe upon?
#4-search and seizure • Is this law legal? • No • Therefore, can they enforce it? • No
Due process, double jeopardy, eminent domain, self incrimination • As it’s written: “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 land, naval forces, or in militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense two times to be twice put in jeopardy of life or limb nor shall be compelled without due process of law, nor shall private property be taken for public use without just compensation.”
Layman’s terms: Citizens are not required to answer to court. Nobody can be brought to trial two times for the same crime (double jeopardy) and have right to avoid self incrimination, if government takes your property have to pay you for it (eminent domain).
Application • Can any regular person or group be the judge, jury, and executioner? • NO • If the state tries you on murder charges and loses can they retry you? • NO • Can the police take your stuff forever and not pay you for it? • NO
Speedy Trial • As it’s written: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of state and district wherein crime shall have been committed, which district shall have been previously been ascertained by law, and to be informed of nature and cause of accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor and to have assistance of counsel for his defense”
Layman’s terms: If you’re charged with a crime, they can’t keep you imprisoned forever without giving you a public trial and they can’t delay it without a good reason, the jury can’t be stacked and biased against you, the trial has to be where the act was allegedly committed, you have to know what you’re being charged with, you have to be able to see your accusers, you have to have the opportunity to have people stand up for your side, and have counsel to be able to represent you if you want.
Application • Do you think the state of Florida abided by amendment 6 with Casey Anthony’s case? • Yes • If the jury was biased against her what would the verdict have been? • She would’ve been found guilty unanimously
Common Law • As it’s written: “In suits at common law, when the value in controversy shall exceed $20, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of US than according to rules of common law.” • Layman’s terms: When the suit or issue involves more than $20, you have the right to a trial
Application • If you steal a TV from Wal-Mart valued at $1000, do you have the right to a jury of your peers? • YES
Cruel/ Unusual Punishment • As it’s written: “Excessive bail shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted.” • Layman’s terms: You can’t be required to pay bail that doesn’t fit the circumstances of the crime, the punishment also has to fit the crime
Application • For someone convicted of shoplifting, would the death penalty agree with amendment 8? • NO • What part of the amendment conflictswith this issue? • Cruel and unusual punishment
Can’t be denied rights • As it’s written: “The enumeration in constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” • Layman’s terms: The constitution doesn’t deny any pre-existing rights
Application • If Anwar Al-Alaki was in the US, (he was born in New Mexico and lived in Yemen and was part of Al Qaeda) could we send him to Guantanamo without a trial? • No • Because he’s a US citizen we can’t deny him his rights
Rights of States • As it’s written: “The powers not delegated to the US by the constitution, nor prohibited by it to the states ,are reserved to states respectively, or to it’s people.” • Layman’s terms: Everything that’s not in the constitution is up to the states to decide.
Application • Does the affordable health care act which mandates all citizens purchase health care or be fined infringe upon the states/people’s rights? • Yes • Because if states don’t want that for their health care system they can’t get out of it. It hinders the states by mandating they pay more for Medicaid when it’s already bankrupting them.
Constitution Preamble Article 1 (legislative power) Article 2 (executive power) Article 3 (judicial power) Article 4 (states power and rights) Article 5 (process for amendments) Article 6 (federal power) Article 7 (ratification) Amendments 11-27
Preamble • We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” • Layman’s terms: “preamble isn’t the law-it gives reasons for writing the constitution and the goals of it.” (http://simple.wikipedia.org/wiki/United_States_Constitution#Preamble)
Article 1 (legislative power) • You can access it word for word by clicking this link: http://www.archives.gov/exhibits/charters/constitution_transcript.html • Layman’s terms: legislative branch (congress) makes laws for US congress which is made up of the house of representatives and senate, it details who can be elected and how long (2 years) the representatives and senators (6 years)terms are, as well as how many each state has. Representativesare chosen by the population of each state and there are 2 senators per state. • It also details Impeachment-how congress makes laws and how to remove bad officials within the government.
Application • When talking about impeaching (fire) Bill Clinton for the Monica Lewinsky scandal, who has the power to do impeach him? • Congress
Article 2 (executive power) • You can read this word for word at: • http://www.archives.gov/exhibits/charters/constitution_transcript.html • Layman’s terms: The President carries out laws made by congress. It also details how the President and Vice President are elected (by the electoral college which is chosen by the states) It details the 4 year terms and also talks about succession of power if the President, VP, etc. were no longer able to serve. • It also details that the President is the Commander in Chief. He is in charge of the Army, Navy, and can make treaties although they must be approved by 2/3 of the senate. The President appoints judges for with the senate must also approve. • The President has the power to veto but congress can also override that.
Application • Why were so many of President George W. Bush’s supreme court appointees unable to take the bench? • Because they had to be approved by 2/3 of the senate.
Article 3 (judicial power) • You canaccess this word for word at : • http://www.archives.gov/exhibits/charters/constitution_transcript.html • Layman’s terms: The court system includes the supreme court. Congress can decide whatever other courts are needed. IE: appellate, district, etc. • Controversies are for the court to decide. Courts require a trial by jury in criminal cases • It also defines treason
Article 4 (states power and rights) • Word for word you can access it at: • http://www.archives.gov/exhibits/charters/constitution_transcript.html • Layman’s terms: states must respect other states laws. They must treat the citizens of other states with the same respect they treat their own citizens. They must send arrested people back to another state if arrested. Congress can make new states. • Congress rules over federal property and territories. Each state has a republican form of government and the federal government will protect states from invasion and violence.
Application • Is the federal government abiding by article 4 where it says “US must protect states from invasion and violence”? • In the case of Arizona that is having citizens and officers shot by illegal gang members from Mexico, • No they aren’t protecting the border for the citizens that reside in the US. • The constitution says the states have the power to govern themselves on anything that’s not laid out in the constitution. • So why does the federal government mandate what kind of healthcare system states must have and pay for when that isn’t in the constitution?
Article 5(process of amendments) • You can see this at • http://www.archives.gov/exhibits/charters/constitution_transcript.html • Layman’s terms: amendment—change or add to the constitution • Congress can amend it if 2/3 of the house and senate vote for the amendment • State government can call a convention to also change it. But that change must then be sent to state legislatures or state conventions for approval by ¾ of the states. This is called ratifying the amendment • An amendment can change any part of the constitution except that each state has an equal say (vote) in senate.
Application • In 1865, the 13th amendment was passed to end slavery. How was that done? • By passing congress by 2/3 in both houses and by ¾ of the states ratifying it.
Article 6 (federal power) • For word to word go to : • http://www.archives.gov/exhibits/charters/constitution_transcript.html • Layman’s terms: constitution and laws and treaties of US are above all other laws. • Federal and state officers must swear to support the constitution.
Application • If a US citizen does an honor killing are they justified in saying they adhere to Sharia law and not to the US laws? • No because US law is supreme to all religious laws and it’s illegal to murder punishable by the full extent to US law.
Article 7 (ratification) • To access this word for word go to: • http://www.archives.gov/exhibits/charters/constitution_transcript.html • Layman’s terms: New government wouldn’t start until conventions in at least nine states approved the constitution
Amendments 11-27 continued
Amendments 11-27 continued