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Constitutional Law

CHAPTER 5. Constitutional Law. PREAMBLE.

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Constitutional Law

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  1. CHAPTER 5 Constitutional Law

  2. 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.

  3. GROUP A: HOW WILL YOU MAKE SURE THAT ANYONE WHO FEELS UNFAIRLY TREATED WILL HAVE A PLACE TO AIR COMPLAINTS? Establishing justice in the Preamble

  4. GROUP B: HOW ILL YOU MAKE SURE THAT PEOPLE CAN HAVE PEACE AND QUITE? Ensuring domestic tranquilty in the Preamble

  5. GROUP C: HOW WILL YOU MAKE SURE THAT GROUP MEMBERS WILL HELP IF OUTSIDERS ARRIVE WHO THREATEN YOUR GROUP? Provide for the common defense in the Preamble

  6. GROUP D: HOW WILL YOU MAKE SURE THAT THE IMPROVEMENTS YOU MAKE ON THE ISLAND (SUCH AS SHELTERS, FIREPLACES, AND THE LIKE) WILL BE USED FAIRLY? Promoting the general welfare in the Preamble

  7. GROUP E: HOW WILL YOU MAKE SURE THAT GROUP MEMBERS WILL BE FREE TO DO WHAT THEY WANT AS LONG AS IT DOESN’T HURT ANYONE ELSE? Securing the blessing of liberty to ourselves in the Preamble

  8. GROUP F: HOW WILL YOU MAKE SURE THAT THE RULES AND ORGANIZATIONS YOU DEVELOP PROTECT FUTURE GENERATIONS? Securing the blessing of liberty to our posterity in the Preamble

  9. CONSTITUTIONAL LAW AND THE BILL OF RIGHTS Key Points • Understanding the structure and purpose of the Constitution • Understanding the structure and purpose of the Bill of rights

  10. THE CONSTITUTION Article I: Sets up Congress, enumerates its powers. Article II: Sets up executive branch, headed by the president. Article III: Establishes the court system. Articles IV and VI: Address the relationship between the federal government and the states. Article V: Provides for amendments to the Constitution.

  11. PURPOSES ACCOMPLISHED • It establishes a national, or federal, government. • It controls the relationship between the national government and state governments. • It defines and preserves personal liberties. • It enables the federal government to perpetuate itself.

  12. 3 BASIC CONSTITUTIONAL THEORIES • Separation of Powers • Federalism • Individual Rights

  13. ARTICLE I - CONGRESSIONAL POWERS • Establishes Congress with two houses. • Grants Congress powers. • Substantial effect rule

  14. ARTICLE II - EXECUTIVE POWER Defines the powers and responsibilities of the President • Appointment • Legislation • Foreign Policy • Commander in Chief

  15. ARTICLE III - JUDICIAL POWER • Creates the Supreme Court and permits Congress to create lower federal courts. • Federal courts have two key functions: adjudication and judicial review.

  16. ARTICLES IV • Gives full faith and credit to each sates laws • Citizens in all states equal • Provides for new states • Guarantees a Republican form of government to all states • Protects states from invasion and domestic violence

  17. ARTICLE V Provides for Amendments to the Constitution

  18. ARTICLE VI • Addresses the relationship between the Federal Government and the States The Supremacy Clause Federalism • Prohibits religious test to hold office

  19. SUPREMACY CLAUSE The Constitution, federal statutes and federal treaties are the supreme law of the land.

  20. FEDERALISM The federal government holds only those powers granted to it by the states. The people via the states hold all of those powers not expressly denied them by the Constitution.

  21. BILL OF RIGHTS DESIGNED TO PROTECT THE RIGHTS OF THE PEOPLE AS WAS NOT INCLUDED IN THE CONSTITUTION

  22. THE FIRST AMENDMENT Congress shall make no law: • Establishing a religion • Abridging the freedom of speech or press • Abridging the right to assemble peacefully • Against petitioning the government

  23. THE SECOND AMENDMENT The right to bear arms

  24. THE THIRD AMENDMENT Prohibits requiring citizens to quarter soldiers

  25. THE FOURTH AMENDMENT Prohibits search, seizures and warrants without probable cause supported by oath

  26. FIFTH AMENDMENT • “No person shall be… deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.” • Procedural Due Process • The Takings Clause • Substantive Due Process

  27. THE SIXTH AMENDMENT Criminal rights: • Speedy trial • Impartial jury • Trial where crime committed • Informed of charges • Confront witnesses • Compulsory attendance of witnesses • Right to counsel

  28. THE SEVENTH AMENDMENT Right to jury trial

  29. THE EIGHTH AMENDMENT Prohibition against excessive bail, excessive fines and cruel and unusual punishment

  30. THE NINTH AMENDMENT “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”

  31. THE TENTH AMENDMENT “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are served to the States respectively, or to the people.”

  32. THE 14th AMENDMENT • “No state shall… deny to any person within its jurisdiction the equal protection of the laws.” • The government must treat all people equally

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