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Constitution Day Evan A. Peña

Constitution Day Evan A. Peña. The Constitution: 224 Years in the Making . The Declaration of Independence was signed in 1776 The Constitution was not signed until 1787 The Civil War ended in 1865 27 amendments have been added to the Constitution . Our System of Checks and Balances.

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Constitution Day Evan A. Peña

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  1. Constitution Day Evan A. Peña

  2. The Constitution: 224 Years in the Making • The Declaration of Independence was signed in 1776 • The Constitution was not signed until 1787 • The Civil War ended in 1865 • 27 amendments have been added to the Constitution

  3. Our System of Checks and Balances The Judiciary The Executive The Legislature

  4. Was the Constitution enough to build a nation? Anti-Federalists Federalists James Madison Patrick Henry “The man who is possessed of wealth, who lolls on his sofa or rolls in his carriage , cannot judge the wants or feelings of the day-laborer. The government we mean to erect is intended to last for the ages.” “The Constitution is not an instrument to restrain the people, it is an instrument to restrain the government – lest it come to dominate our lives and interests.”

  5. The First Amendment 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.

  6. The Second and Third Amendments 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. 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.

  7. 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.

  8. The Fifth, Sixth and Eighth Amendments • Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb • Nor shall be compelled in any criminal case to be a witness against himself • The accused shall enjoy the right to a speedy and public trial, by an impartial jury • To be confronted with the witnesses against him • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

  9. 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.

  10. The Eighteenth and Twenty-First Amendments • The manufacture, sale, or transportation of intoxicating liquors . . . is hereby prohibited. (1919) • The eighteenth article of amendment to the Constitution of the United States is hereby repealed. (1933)

  11. The Nineteenth and Twenty-Sixth Amendments • The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. (1920) • The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. (1971)

  12. The Fourteenth Amendment • 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 • 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.

  13. Brown v. Board of Education (1954) • “Laws permitting, and even requiring, their separation in places where they are liable to be brought into contact do not necessarily imply the inferiority of either race to the other . . . .” The Honorable Justice Henry Billings Brown (1896) • “Today, education is perhaps the most important function of state and local governments. . . . [i]n the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” The Honorable Chief Justice Earl Warren (1954)

  14. Loving v. Virginia (1967) • In 1958, it was a crime in Virginia and 15 other states for a white person to marry a black person. • Richard and Mildred Loving married in Washington, D.C. and return to their home state of Virginia. • The police raided their home at night and arrested them. The Lovings were sentenced to one year in jail if they stayed in Virginia.

  15. Loving v. Virginia (1967) • “Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.” The Honorable Leon M. Brazile (trial judge) • “Marriage is one of the ‘basic civil rights of man,’ fundamental to our very existence and survival. . . . Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.” The Honorable Chief Justice Earl Warren

  16. The Fourteenth Amendment Today • H.R. 1868: The Birthright Citizenship Act of 2009 • Introduced by Nathan Deal of Georgia • Co-sponsered by 93 other members of Congress • Would change the law so that a baby born in the U.S. would automatically become a U.S. citizen only if one of the parents is: • 1) a citizen of the U.S.; • 2) an alien lawfully admitted for permanent residence in the U.S. whose residence is the U.S.; or • 3) an alien performing active service in the armed forces.

  17. The Debate Over Birthright Citizenship “Birthright citizenship I think is a mistake, that we should change our Constitution and say if you come here illegally and have a child that child is automatically not a citizen . . . . they come here to drop a child, it’s called ‘drop and leave.’” -Senator Lindsey Graham (R-SC) “[I]n other countries, they can go back and decide whether you're a legitimate person, a legitimate citizen, by seeing whether your father was legitimate or your grandfather. . . . You go back generations and find out you're no longer a citizen. . . . [I]n our country you get a clean slate. Every new child who is born here is simply and indisputably an American. - Walter Dillinger, acting Solicitor General under President Clinton

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