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“A Living Document”
Adapts to the changes of society
1. Amendments (27)
2. Supreme Court Cases (150) ** reinterpret the Constitution
Articles of the US Constitution
I – Legislative Branch II – Executive Branch III – Judicial Branch IV – States V – Amendments Process VI – National Supremacy VII – Ratification
Article I – Legislative Branch
Senate (equal – 100 / 6 yr term) * 30 yrs. / Citizen for 9 yrs.
House of Representatives (population – 435 / 2 yr term) * 25 yrs. / Citizen for 7 yrs.
Make our laws Appropriate Money Regulate Immigration Establish Post Offices and Roads Regulate Interstate Commerce and Transportation Declare War Elastic Clause – make all laws necessary and proper
for executing a listed power.
Article II – Executive Branch President / Vice-President / Cabinet 4 yr terms / 35 yrs and natural-born Chief Executive Chief of State Chief Legislator Chief Diplomat Commander in Chief of Armed Forces Treaties / appointments
Article III – Judicial Branch
Supreme Court and other Federal Courts Preserve and protect the rights guaranteed
by the Constitution Considers cases involving national laws Declares laws and acts “unconstitutional” –
Judicial Review
Article IV – States
Legislative and judicial actions of one state must be honored by others
Citizens of states have the same privileges Adding new states to the Union
– republic
Guarantees protection
Article V – Amendments Amendment Facts… Amendments – formal changes to the text of the
Constitution Ways to propose…
– 2/3 votes of the House and Senate– National Convention called by 2/3 of states
• Note – has never been done
Ways to ratify (approve)…– Legislatures in ¾ of states– Each state holds a ratifying convention and ¾ approve.
(done once – 21st)
Article VI – National Supremacy
Supremacy Clause The Constitution, laws of the US, and
treaties entered into by the US are the supreme law of the land
Article VII – Ratification
Approval of 9 of the 13 states was required to ratify the Constitution
Delaware – 1st to ratify (Dec. 1787) Rhode Island – last to ratify (May 1790)
Six Basic Principles
1. Popular Sovereignty 2. Limited Government 3. Federalism 4. Separation of Powers 5. Checks and Balances 6. Judicial Review
1. Popular Sovereignty
The people hold the ultimate authority A representative democracy lets the people
elect leaders to make decisions for them.
2. Limited Government
Framers wanted to guard against tyranny Government is limited to the power given
them in the Constitution. The Constitution tells how leaders who
overstep their power can be removed
3. Federalism The division of power between State and
National Governments Some powers are shared (Concurrent)
– Taxes, establish courts, charter banks
The National Government has the “supreme power” (Article VI – Supremacy Clause)
Delegated Powers – Federal Govt. – Regulate trade, raise army, crimes against US
Reserved Powers – State Govt. – Schools, elections, business within state
4. Separation of Powers
No one holds “too much” power Legislative branch makes the laws Executive branch carries out the laws Judicial branch interprets the laws
5. Checks and Balances
Prevents the abuse of power in government Each branch can check each other branch
Executive Checks
Propose laws to Congress Veto laws made by Congress Negotiate foreign treaties Appoint federal judges Grant pardons to federal offenders
Legislative Checks
Override president’s veto Ratify treaties Confirm executive appointments Impeach federal officers and judges Create and dissolve lower federal courts
Judicial Checks
Declare executive acts unconstitutional Declare laws unconstitutional Declare acts of Congress unconstitutional The Supreme Court holds the final check
Bill of Rights
Guarantees citizens certain rights, freedoms and protections
1st – 5 freedoms (religion, speech, press, peaceful assembly, petition the govt)
2nd – bear arms (firearms) 3rd – no quartering of soldiers 4th – no unreasonable search and seizure 5th – no double jeopardy, “I plead the fifth” – don’t
have to testify against oneself, due process
Bill of Rights cont…
6th – speedy trial, confront witnesses against oneself, subpoena witnesses, have attorney
7th – jury trial in civil suit 8th – no cruel or unusual punishment, no
excessive bail or fines 9th – does not deny right not specifically
mentioned in the Const. 10th – states (people) have powers not
granted to federal govt or denied to states
Post Civil War Amendments Aimed at correcting wrongs committed against
African Americans during the slavery era 13th – abolished slavery for all races, unless
convicted of a crime 14th – made anyone born in the US a citizen and
guaranteed due process and equal laws to all (regardless of race or ethnicity)
15th – no one could be denied the right to vote because of race or previous enslavement
FREE CITIZENS VOTE (13 / 14 / 15)
19th Amendment Women’s Suffrage Amendment Background…
– Women campaigned for voting rights since the end of the Civil War (15th)
– By 1911 – 6 states allowed women to vote (W)– Susan B. Anthony suggested amendment
• Civil Disobedience• NAWSA – National American Women Suffrage Association
– WWI increased support • Suffragettes supported the war effort• Millions of women took the place of men in the factories• Many though it was unfair to fight for democracy in Europe,
while we did not have it in the US“The right of citizens of the US to vote shall not be denied or
abridged by the US or by any state on the account of sex.”
26th Amendment Guaranteed those 18 yrs and older the right
to vote in every state Background…
– Voting age was 21– Jennings Randolph (WV-1941)
• If they are old enough to be drafted and go to war, then they are old enough to vote (WWII)
– Support increased over time• Pres Eisenhower and Johnson supported• Vietnam helped gain support
– Oregon lowered the age and this was overturned – increase the effort to change
Marbury v. Madison (1803)
TJ won the 1800 election / Adams lost (3rd) Adams appointed 58 newly created federal judges as
he was leaving office Sec of State (John Marshall) was to deliver the
commissions (did not deliver 17)– Thought new Sec of State (Jame Madison) would finish
delivering the rest (he did not)
William Marbury sued Madison because he did not receive his commission and could not take office– Wanted a writ of mandamus – court order requiring
Madison to perform his duty
Marbury v. Madison cont.
Decision…– Marbury entitled to commission but…– Cannot issue the writ because allowing the SC
to issues writs is unconstitutional – Judiciary Act of 1789
Why important…– Established the power of Judicial Review– SC has the power to review acts of other
branches and determine their constitutionality
Judicial Review
The judicial branches most important check on the executive and legislative branch
The power of the judicial branch to determine whether laws and actions are constitutional or not
Supreme Court has the power to strike down any law passed by Congress or signed by the President
Constitution does not specifically state as a power
Jim Crow Laws
After Reconstruction, many southern states passed laws intended to bypass rights guaranteed by the CW Amendments 13-15
Required racial segregated facilities for black and whites– Ex…schools, restaurants, train, bus, hospitals,
drinking fountain– Poll taxes and literacy tests for voting
Plessy v. Ferguson (1896) Background… LA passed a law that required AA to sit in
separate RR cars Homer Plessy – (~7/8 white / 1/8 black) sat in a
RR car reserved for whites HP ordered to move – he refused and was arrested HP took the case to court arguing it violated the
14th
Judge John Ferguson ruled against HP and found him guilty
HP appealed to the LA Supreme Court – ruling upheld
HP appealed to US Supreme Court
Plessy v. Ferguson cont… Decision… Ruled LA SC was not in violation of the
14th (equal protection under law) – 8 to 1 Separate facilities were legal if they were
equal (“separate but equal”) Set legal precedent (example to be
followed) Public saw this as approval of racial
segregation Led to racial segregation for the next six
decades
Brown v. Board of Education of Topeka (1954)… Background… Linda Brown attend a black elementary school White school was just a few blocks from her home, but she
had to walk a mile to the black school through a dangerous RR yard
Linda’s father (Oliver) tried to convince the white school to admit his daughter, but they refused
Sued the school system with the help of the NAACP Wanted to end segregation – made blacks feel inferior to
whites (unequal) Judges (Kansas court) agreed that segregation could harm
black children, but…they ruled against Brown Justification was precedent of Plessy case 1951- decision appealed to SC (no decision)
Brown v. Board cont…
Decision… 1953 – SC reheard the case (unanimous) Overturned the “separate-but-equal”
doctrine established by Plessy Ordered desegregation of all schools in the
US Did not address other forms of
desegregation Expanded protection of the 14th Amendment
University of California v. Bakke (1978) Background… White man (Alan Bakke) applied to Ucal Med
School twice (rejected twice) As part of an Affirmative Action program…16 slots
were reserved for minorities…(AA – programs to help minorities to make up for past injustices)
Bakke’s qualifications were overall higher than those minorities who were accepted
Bakke sued Ucal on the basis of reverse discrimination (denied admission because of race violated the 14th Amendment)
University of California vs. Bakke cont… Decision (split 5 to 4) Quotas based solely on race violated the
equal protection clause of the 14th
Race could be a criterion for admission as long as there are other variables (this is a compelling govt interest)
Ruled in favor of Bakke and allowed admission, but allowed affirmative action programs to continue
Restrictions of the Rights of US Citizens… Rights are relative…not absolute! Examples…
– Freedom of Religion – does not mean you can perform human sacrifice
– Freedom of Speech – does not mean you can threaten physical harm or make false statements to create a panic
Restrictions of the Rights of US Citizens… When can your right be limited by the
government?– Clear and Present Danger– Compelling Government Interest– Libel/Slander (written/spoken)– National Security– Public Safety– Equal Opportunity
Examples of times when individual rights have been restricted… WWI / Clear and Present Danger
– When the nation is threatened by an enemy Espionage Act (1917)
– Outlawed interference with the draft and troop recruitment, encouraging disloyalty, inciting insubordination, obstructing the sale of govt bonds, disclosure of info that could jeopardize national defense
– 20 yrs. Imprisonment / $10,000 fine if convicted (over 2000 convicted)
Schenk v. United States (1919)
Charles Schenk (Socialist) sent 15,000 flyers to recent draftees urging them to refuse service
SC stated clear and present danger as one reason that freedom of speech could be restricted
Debs v. United States (1919)
Eugene Debs (Socialist) gave a speech entitled “Socialism is the Answer”
“…you are fit for something better than slavery (democracy/capitalism)…”
10 yrs of prison SC stated clear and present danger /
national security as justification
Abrams v. United States (1919)
Jacob Abrams punish for distributing leaflets that criticized the US govt for sending troops to Russia– Due to Sedition Act (amendment to EA)
SC upheld but altered view – deprived rights of Constitution
USA Patriot Act (Sept. 11, 2001)
Rights restricted regarding privacy Some feel this is unconstitutional others feel
its necessary Justification…
– Clear and present danger– National Security– Public Safety
Conscientious Objectors…
WWI – Espionage/Sedition Act Military Service Act of 1917 – established a draft
for men ages 21 to 31 (later 18-45) CO – refused service (some because of religion) Those who objected to war because of religion
would noncombatant service or other civilian jobs – if refused…they were jailed
500 CO s were jailed for refusing service