Constitution and Civil Constitution and Civil RightsRights

Constitution BasicsConstitution BasicsThe Constitution of the United

States was written in 1787.

It took effect in 1789.

It contains about 7,000 words – not that long – takes about one-half hour to read.

Constitution BasicsConstitution BasicsThe Constitution is a working

document – which means it can be amended or changed today.

It gives us a framework for how our government is organized.

It also tells us who runs our government and how they are chosen.

Constitution BasicsConstitution BasicsThe Constitution is made up of

three parts:

The Preamble

The Articles (There are 7)

The Amendments (There are 27)

Constitution BasicsConstitution Basics

The Preamble: Introduction and reasons why it was written…”We the People…”

The Articles: There are 7, all labeled with Roman Numerals – Article I, Article II, etc…

The Amendments: Currently 27 of these, the first 10 are called Bill of Rights

Constitution BasicsConstitution BasicsThe Preamble discusses why the

Constitution was written.

The reasons were (this should be review!!!):◦To establish a more perfect union,

establish justice, insure domestic tranquility, provide a common defense, promote general welfare, secure the blessings of liberty.

Constitution BasicsConstitution BasicsThe Articles divides the

Constitution up into seven parts.

Articles I through III discuss how the legislative (Congress), executive (President), and judicial branch (Courts) are set up, and the “instructions” for each branch.

Constitution BasicsConstitution BasicsArticle IV discusses the states of

America.

How people from one state should be treated in another.

How the government can create more states if needed, and that they will be protected from invasion.

Constitution BasicsConstitution BasicsArticle V talks about

amendments – or changes – to the Constitution.

YES! The Constitution can be changed.

YES! It has happened before – 27 times to be exact.

Constitution BasicsConstitution BasicsArticle VI lays the hammer

down…

This article makes it clear that the Constitution is the “law of the land”.

Every American citizen must abide by the Constitution.

Constitution BasicsConstitution BasicsArticle VII talk about how the

Constitution can be ratified – or approved – and accepted into law.

9 of the 13 original states had to vote to agree to the ideas and rules of the Constitution.

Constitution BasicsConstitution BasicsThe Constitution was established

and built on the ideas of six main principles.

Popular Sovereignty, Limited Government, Separation of Powers, Checks and Balances, Judicial Review, and Federalism.

Constitution BasicsConstitution BasicsPopular Sovereignty:

The power that the government has comes from the people of the United States.

We give our consent – or permission – to the government to rule over us.

Constitution BasicsConstitution BasicsLimited Government:

Government must also obey the laws of the land.

No one is above the law, not even government officials like a President.

Constitution BasicsConstitution BasicsSeparation of Powers:

Constitution distributes power among three branches.

Legislative makes laws, executive makes sure laws are being enforced, and judicial makes sure laws are fair.

Constitution BasicsConstitution BasicsChecks and Balances:

Each branch has restraints on their power, and the restraints come from the other branches.

Examples are – Congress can make laws, but President can veto – or reject – a law.

Constitution BasicsConstitution BasicsIn turn, Congress can override a

veto with a 2/3 majority vote from House of Reps. And Senate.

President in commander-in-chief of military, but only Congress can declare war.

President names Supreme Court judges, but the Senate must vote to approve them.

Constitution BasicsConstitution BasicsCongress can impeach – or vote

to remove a President from office.

Judicial branch can declare laws “unconstitutional” or say they are unfair.

These checks and balances force the government to compromise.

Constitution BasicsConstitution BasicsJudicial Review: Courts can

determine acts of government unlawful or illegal.

Federalism: National government hold certain power, and state governments hold certain power.

Dividing power this way prevents abuse.

Constitution BasicsConstitution Basicssummary

The AmendmentsThe AmendmentsThe United States Constitution has

been around for 200 years – longer than any other country’s constitution.

In 1789 when it went into effect, there were 4 million Americans, and 13 states.

People traveled by horseback and sailing ships.

The AmendmentsThe AmendmentsNow there are over 300 million

Americans and 50 states.

The U.S. is the most powerful country in the world, and our standard of living is envied by the rest of the planet.

Like the country – the Constitution has changed.

The AmendmentsThe AmendmentsArticle V of the Constitution

discusses amendments and lists a variety of ways they can be added to the Constitution.

The most common method is that an amendment is proposed by 2/3 vote in Congress (HR and Senate), and ratified by 3/4 of the states.

The AmendmentsThe Amendments• Amendments show true examples of

how Popular Sovereignty and Federalism are part of the Constitution.

• Popular Sovereignty is shown because amendments are the will of the people.

• Federalism is shown because amendments are proposed at a national level and ratified at a state level.

The AmendmentsThe AmendmentsThere have been over 15,000

proposed amendments since 1789.

Only 33 of these have made it through Congress and have been passed to the states.

Only 27 of the 33 have been ratified by the states.

The AmendmentsThe AmendmentsThe first 10 amendments are

called the Bill of Rights – they protect our freedom of expression and give us fair and equal treatment under the law.

Most other amendments come from a particular event or situation.

The AmendmentsThe Amendments• BOR quick run down:

• 1. Gives people the right to freedom of religion, speech and assembly.

• 2. Gives people right to own guns.

• 3. Military cannot force citizens to give them room and board.

The AmendmentsThe Amendments4. Government cannot seize

property without warrant or probable cause.

5. Do not have to testify against yourself, cannot be tried for the same crime twice.

6. Right to fair trial and access to a lawyer.

The AmendmentsThe Amendments• 7. Guarantees a jury trial in federal

civil cases.

• 8. Punishments for crimes must be fair and not excessively cruel.

• 9. People have more rights than those listed in the Constitution.

• 10. States have all power not given to federal government in Constitution.

The AmendmentsThe Amendments• Thanks to the 14th Amendment, states

cannot deny the BOR to anyone.

• 14th Amendment is also called the Due Process Clause, which protects all rights that are basic and essential.

• Supreme Court has ruled that the BOR are all basic and essential.

The AmendmentsThe Amendments• The 13th Amendment banned slavery

and passed in 1865, after the Civil War.

• The 18th Amendment prohibited alcohol as an “experiment” to improve the quality of life in America.

• The experiment failed – it led to an outbreak of organized crime.

• 14 years later, the 21st Amendment passed repealing the 18th Amendment.

The AmendmentsThe Amendments• The 22nd Amendment limited the number

of terms a president can serve to two (8 years).

• Republicans pushed for this amendment after Franklin D. Roosevelt held the presidency for 16 years (4 terms.)

• The 26th Amendment lowered the voting age to 18.

• This passed in 1971 during the Vietnam conflict.

The AmendmentsThe Amendmentssummary

Federalism: A Power Federalism: A Power DividedDivided• The writers of the Constitution faced

difficult questions.

• On one hand they knew that the American Revolution was fought against an overpowering central government.

• On the other hand, they knew that the Articles of Confederation which gave local states too much power was too weak.

Federalism: A Power Federalism: A Power DividedDivided• The writers knew that they had to

balance the powers of government some way.

• This led them to the idea of Federalism.

• The Constitution divides power between the national government, and the state governments. Each level of government has its own laws and regulations.

Federalism: A Power Federalism: A Power DividedDivided• For example, the states determine

their own laws when it comes to the death penalty.

• In 48 states gas stations are self-service, but in New Jersey and Oregon motorists cannot pump their own gas.

• Oregon and Washington have legal physician assisted suicide laws.

Federalism: A Power Federalism: A Power DividedDivided• Many times the national government

looks at the state governments as “experimental places”.

• If a state passes a certain law, and it works – it may become a national law later.

• If there is a natural disaster, the national government helps the states.

Federalism: A Power Federalism: A Power DividedDividedThe Constitution gives distinct types

of powers to the National Government.

Those powers are expressed and implied.

Expressed power means powers that are listed in the Constitution word for word.

Federalism: A Power Federalism: A Power DividedDivided• Examples of expressed powers of the

National Government are: tax, create money, declare war.

• Implied powers are not mentioned word for word, but are suggested in Article I, Section 8.

• Article I, Section 8 called the “Elastic Clause” discusses this in the Constitution.

Federalism: A Power Federalism: A Power DividedDivided“Congress has the power to make

all Laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution…”

The “Elastic Clause” gives Congress the power to adapt their power to different situations.

Federalism: A Power Federalism: A Power DividedDivided

• The Constitution also gives reserved powers to the States.

• Reserved power are those powers that the Constitution does not give to the National Government.

• States can create public schools, ban the sale of pornography, forbid persons under 18 from getting married, require licenses for hairdressers, lawyers, and plumbers, etc.

Federalism: A Power Federalism: A Power DividedDividedIn case there arose an argument

over who – the National or the State Government – has the power for a certain situation the writers of the Constitution created the Supremacy Clause.

Article VI, Section 2 says the Constitution takes precedence over all forms of state law.

Federalism: A Power Federalism: A Power DividedDividedsummary

Missouri ConstitutionMissouri Constitution• Brief history of Missouri: mound

builder Indians inhabited the region before Europeans came.

• French got here first – sold it to U.S. as part of Louisiana Purchase in 1803.

• Missouri Territory created by U.S. Congress in 1812 – population 20,000.

Missouri ConstitutionMissouri Constitution• Missouri petitioned for state hood in

1818 – started a debate as to whether it should be a slave state or non-slave state.

• Missouri Compromise in 1820 – Missouri added as a slave state, Maine added as a non-slave state.

• 24th State of the union – Jefferson City named capital in 1826.

Missouri ConstitutionMissouri Constitution• During Civil War – Missouri voted to

stay part of the union even though most people agreed with Confederacy.

• Grew in the 20th century – soy beans and corn major crops. Manufacturing in WWI and WWII.

• Now, 5.7 million population, ranks 18th in U.S. behind Tennessee and ahead of Maryland. Largest city is Kansas City.

Missouri ConstitutionMissouri Constitution• Missouri has had four state

constitutions – first was made in 1820 when it became a state.

• In 1865 after Civil War second constitution made, third in 1875 after Supreme Court ruled that 1865 constitution violated the U.S. Constitution.

• Fourth created in 1945 – this is the current state constitution today.

Missouri ConstitutionMissouri Constitution• Just like U.S. – constitution created

three branches of government – legislative, executive and judicial.

• Missouri’s Constitution has a Bill of Rights like the U.S. Constitution.

• Also has a preamble that gives all of the power to the people.

Missouri ConstitutionMissouri Constitution• “We the people of Missouri, with

profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this Constitution for the better government of the state.”

• There are 13 Articles after the preamble – Article 1 contains the Bill of Rights – different than the U.S. Constitution….and there are 32 of them compared to 10 to the U.S.

Missouri ConstitutionMissouri Constitution• Missouri’s legislative branch makes laws

– and it is called the General Assembly.

• It is bicameral (two houses) just like U.S. – called the Senate and the House of Representatives.

• There are 34 senators and 163 representatives – each come from districts. Your senator is Ryan McKenna and your representatives are either Jeff Roorda (Imperial) or TJ McKenna (Barnhart).

Missouri ConstitutionMissouri Constitution• Qualifications to be a state senator

– 30 years old, 3 year resident – serve 4 years, and salary is $31,151.

• For representative is 24 years old, 3 year resident, serve 2 years, and salary is $31, 151.

• General Assembly meets yearly in Jefferson City.

Missouri ConstitutionMissouri Constitution• The executive branch of Missouri is

headed by the Governor – Jay Nixon. (Head of U.S. Executive Branch is President.)

• Governors must be 30 years old, a U.S. citizen for 15 years (10 years in Missouri), serve 4 years, and make $120,087.

• Lieutenant Governor is like Vice President – serves 4 years, makes $77, 184.

Missouri ConstitutionMissouri Constitution• The Missouri Judicial Branch is headed

by the Missouri Supreme Court.

• 7 justices, all picked by the Governor and approved by the General Assembly.

• Justices serve 12 year terms, and act as the highest court in Missouri – only U.S. Supreme Court is higher.

Missouri ConstitutionMissouri Constitution• As with the rest of the U.S., to vote

in Missouri you must be 18 years old, and a resident of your district for at least 30 days.

• Latest time to register is 21 days before the election.

• Cannot be incompetent, in jail, or incapacitated to vote. You have the right to vote – cannot be arrested on election day – unless serious.

Missouri ConstitutionMissouri Constitution

Missouri ConstitutionMissouri Constitution

Due Process of LawDue Process of Law• Why is due process of law important

to a free society?

• Did you know that DNA evidence obtained through medical technology has reversed over 200 cases recently?

• Those are innocent people who have been in prison for crimes they did not commit.

Due Process of LawDue Process of Law• The Constitution has two due process

clauses – the 5th and 14th Amendments.

• 5th Amendment says that the government cannot deprive life, liberty, or property without due process of the law.

• 14th Amendment says that states must do the same.

Due Process of LawDue Process of LawDue process of the law means

that government must act fairly and within the rules.

This also means that laws must be fair as well.

Here is an example of due process of law in action:

Due Process of LawDue Process of Law• Rochin v. California 1952.

• Rochin was a suspected drug dealer – police got a tip about where he was – police busted into his apartment – Rochin grabbed drugs and swallowed them – police had his stomach pumped – he was convicted.

• However, Supreme Court said “not so fast!”

Due Process of LawDue Process of Law• Judges ruled that police violated

Rochin’s rights by busting into his apartment and forcing his stomach to be pumped.

• Due process of the law kept Rochin free from conviction.

• Speaking of police – each state’s police power plays an important role in due process.

Due Process of LawDue Process of Law• Police power is designed to protect

and promote safety in society.

• The use of police power is often controversial causing the courts to determine the balance between the good of society, and an individual’s rights.

• One of the most common battles is over drunk driving.

Due Process of LawDue Process of Law• Each state has its own drunk driving

tests – walking, breathalyzers, etc.

• Question is raised – is it a violation of individual rights to force someone to take a drunk driving test?

• Usually the courts side with the police because the safety of society is at risk.

Due Process of LawDue Process of Law• Famous case – Schmerber vs.

California where courts sided with police when they ordered a doctor to draw suspects blood.

• Due process of law also is related to people’s right to privacy.

• Right to privacy is someone’s right to be let alone.

Due Process of LawDue Process of LawThe most compelling right to

privacy issue is abortion – a woman’s rights to terminate a pregnancy.

In Roe vs. Wade in 1973 – the Supreme Court ruled that a Texas law, making abortion a crime was unconstitutional.

Due Process of LawDue Process of Law• They ruled this way because they

believed it violated a woman’s due process of the law.

• Since the ruling there has been numerous challenges to abortion.

• Anti-abortion supporters have won some minor battles recently placing serious regulations of getting abortions.

Due Process of LawDue Process of Lawsummary

Freedom and SecurityFreedom and SecurityHow does the Constitution protect

your freedom and provide you security?

The Constitution is a rule book for government – but also says what the government cannot do to you.

It lists freedoms and securities that you have.

Freedom and SecurityFreedom and Security• The 13th Amendment ends slavery in

the U.S. – but also ends involuntary servitude.

• You cannot be forced to work to pay off a contract or debt that has already been given.

• This does not protect citizens from duty in the military, or convicted criminals from doing work in prison.

Freedom and SecurityFreedom and Security• However, even after the 13th

Amendment, people were still allowed to practice private discrimination.

• This did not end until the Civil Rights movement in the 1960s.

• Jones vs. Mayer 1968 – Courts ruled that private discrimination is illegal as well.

Freedom and SecurityFreedom and Security• The 2nd Amendment gives citizens the

right to bear arms – allows for the citizen soldier.

• This amendment has limits too – U.S. vs. Miller 1939 – weapons cannot be shipped across state lines without a license.

• Felons and mentally ill cannot have weapons – or near schools or government buildings.

Freedom and SecurityFreedom and Security• 3rd and 4th Amendments also provide

securities – government cannot violate your home without just cause.

• 3rd Amendment prohibits military forcing you to provide room and board.

• British troops used this often in the Colonies – hasn’t been challenged since 1791.

Freedom and SecurityFreedom and Security• 4th Amendment developed after

British commonly searched homes for smuggled goods.

• Now, probable cause or a warrant is needed for a search.

• Example – Florida vs. J.L. 2000 – police get a tip about a man with a concealed weapon.

Freedom and SecurityFreedom and Security• They find him at a bus stop and search

him – they find a gun – they arrest him.

• This is illegal – no probable cause or warrant.

• However, Courts have allowed for arrests “in plain view” – man bagging cocaine in home – police see him through an open window – legal arrest.

Freedom and SecurityFreedom and Security• Courts have also supported

roadblocks – Lidster vs. Illinois 2004 – man arrested for drunk driving at roadblock stop – no probable cause or warrant needed to stop his car.

• Arrests are considered seizure of a person – but no warrant is needed for an arrest.

• Illinois vs. Wardlow – man arrested after running from police car – probable cause.

Freedom and SecurityFreedom and Security• When it comes to cars, trucks,

planes and boats, they are considered moveable crime scenes – no warrant needed.

• Police can search but need to prove probable cause later in trial.

• Since 1991 police can search all parts of cars – including locked glove compartments.

Freedom and SecurityFreedom and SecurityPolice can also determine probable

cause from a police dog’s reaction.

However – they cannot search you without probable cause or a warrant.

Obtaining evidence correctly is important because of the Exclusionary Rule.

Freedom and SecurityFreedom and Security• This rule states that evidence obtained

illegally cannot be used in trial – police must obey rules and laws themselves.

• Critics to the rule claim it allows criminals to walk free over a technicality.

• To prevent this, Courts have narrowed the Exclusionary Rule.

Freedom and SecurityFreedom and SecurityDrug tests and screenings are allowed

– no warrant, no probable cause.

Trend is for school districts to use this on all athletes and extracurricular activities.

Patriot Act of 2001 has also given authorities more freedom in investigating.

Freedom and SecurityFreedom and Security• Patriot Act was created to combat

terrorism activity in U.S.

• Federal agents – with a warrant – can search property without owner knowing – take photographs, and notes.

• Wiretapping or bugging has also been a controversial issue.

Freedom and SecurityFreedom and Security• Wiretapping for a long time was

allowed because it was not considered searching property.

• However, Katz vs. U.S. 1967 changed that – man made calls about illegal gambling from public phone booth that was bugged.

• Court ruled it should have been private – so now warrants are needed to wiretap.

Freedom and SecurityFreedom and Securitysummary

PunishmentPunishmentThe Constitution sets limits on

punishments for a crime.

The 8th Amendment in the Constitution prohibits cruel and unusual punishment for citizens.

citizens are protected from “all barbaric tortures, such as burning at the stake, crucifixion, drawing and quartering”.

PunishmentPunishmentWhat is not considered cruel and

unusual?

Two prisoners in a cell designed for one – ok.

Death penalty is ok – most controversial.

PunishmentPunishmentExecuting prisoners is called

“Capital Punishment” – today the Federal Government allows it, and 35 states allow it.

Capital Punishment can only be a sentence if the victim of the crime died.

PunishmentPunishmentThere are two stages for all

Capital Punishment cases.

1. Regular trial to determine if the accused is guilty of the crime.

2. After accused is found guilty, jury listens to arguments for and against death penalty.

PunishmentPunishment• Restrictions against the death

penalty include that no mentally challenged person may be executed.

• No one under 18 years of age may be executed.

• Capital Punishment very controversial – over 125 prisoners released from death row because they were innocent in last 30 years.

PunishmentPunishmentWhat is treason?

Treason is a major crime against the United States – can only be charged when U.S. is at war.

Levying war against the U.S. – or aiding enemies against the U.S.

PunishmentPunishmentTreason law applies to all U.S.

citizens – home and abroad.

If U.S. is not at war and someone spies or helps spies against the U.S. it is not treason – considered espionage or sabotage.

The punishment for treason is death penalty.

PunishmentPunishmentsummary

Diversity and Diversity and DiscriminationDiscriminationThe Constitution guarantees equal

rights for all citizens under the law.

However, that interpretation has changed over time.

America was built on the concept of freedom – “all men are created equal”.

Diversity and Diversity and DiscriminationDiscriminationIronically, over 400 slaves worked on

the construction of the capitol building.

The Equal Protection Clause – government cannot discriminate unreasonably.

Example: Government can tax smoking products, but government cannot tax blonde smokers.

Diversity and Diversity and DiscriminationDiscriminationSupreme Court makes all rulings

on equal protection using the rational basis test.

Does the law in question achieve a reasonable governmental purpose?

If yes, than the Court will defend the law and allow it.

Diversity and Diversity and DiscriminationDiscriminationExample: Alabama law allowed

women to receive alimony payments after divorce, but not men.

Rational basis test – does this achieve a reasonable governmental purpose?

No – no reason to discriminate between men and women in this case – unconstitutional.

Diversity and Diversity and DiscriminationDiscriminationSegregation by race – the

separation of one race from another.

After the Civil War, former slaves were free – many states made segregation laws.

These were called Jim Crow laws – prevented blacks from having equal access to public facilities.

Diversity and Diversity and DiscriminationDiscrimination• These included, schools, parks,

cemeteries, restaurants, railroads, buses.

• Jim Crow laws were challenged in Court by Plessy vs. Ferguson – black man forced to sit in different rail car.

• The Supreme Court ruled that “separate but equal” is allowed – as long as facilities are equal.

Diversity and Diversity and DiscriminationDiscriminationProblem with that – what does

“equal” mean?

Separate but equal was the law for 60 years in the U.S. – allowed segregation.

Finally in 1954, another court case – Brown vs. Board of Education overruled Plessy vs. Ferguson – ended segregation in public schools.

Diversity and Diversity and DiscriminationDiscriminationHowever, progress from Brown vs.

Board of Education was slow – especially in south.

It was not until the Civil Rights Movement of the 1960s that sped things up.

Civil Rights Act of 1964 – cut off federal money to any state with segregation.

Diversity and Diversity and DiscriminationDiscriminationThis forced all states to shape up –

or become economically damaged.

However, even though segregation by law is illegal, de facto segregation still exists.

De facto segregation is natural, society driven segregation.

Diversity and Diversity and DiscriminationDiscriminationSchools are still segregated in areas

because housing patterns are segregated.

Contrast percentage of black students here, with percentage of black students in St. Louis City schools.

De facto segregation – not a law, happens naturally.

Diversity and Diversity and DiscriminationDiscriminationClassification by gender – women

have also struggled for equal protection through history.

1920 women were given right to vote – other laws struck down other gender segregation.

Gender classification still exists by law in some parts – female security guards at male prisons.

Diversity and Diversity and DiscriminationDiscriminationsummary