United States Constitution

Supreme law of United States

Took effect in 1789

Durable: 1) open-ended;

2) purposeful ambiguities

Results

Rule Interpretation:

1. Precedents

2. Actual text of Constitution

3. Assumed intent

(discretion limited)

BRANCHES OF GOVERNMENTArticle 1: Legislative Power1. House2. Senate3. Manner of Election4. Qualifications of Members5. Legislative Procedure (outline)6. Indicates power & establishes limits on

Federal and state legislative powers

Powers of Congress

1. Regulate Commerce2. Declare war3. Raise an army4. Make laws --- elastic clause gives Congress the

power to make “all laws necessary

and proper for carrying into execution the foregoing powers.”

Article 2: Executive Powers

1. President/Commander-in-Chief

2. Procedures for selection

3. Qualifications for office

4. Oath

Executive Powers (cont)

5. Powers & Duties

6. List of succession

7. Impeachment & removal processes

Executive Powers

1. Appoint Federal officers (removal?)2. Sign laws

“he shall take care that laws be faithfully executed”

Article 3: Judicial Power

1. Outlines Court System including Supreme Court

2. Congress can create lower courts reviewable to Supreme Court

3. Requires trials by jury for all criminal cases

4. Defines treason (Congress administers punishment)

• Specifies that certain cases the Supreme Court has original jurisdiction and for others it has appellate jurisdiction

Remaining Original Articles

• Article 4 dealt with intergovernmental relations and federalism.

• Article 5 provided an amendment mechanism so the Constitution could be updated to meet future needs and changes.

• Article 6 announced the supremacy of the Constitution and requirements for ratification

The Bill of Rights

• Idea of anti-federalists

• Anti-federalists v. Hamilton

First Amendment

• “Congress shall make no law…abridging the freedom of speech.”--Schenck v. United States—restrictions against obscenities, fighting words and other controversial forms

• Symbolic gestures?

First Amendment (cont)

• Freedom of the press1. not absolute (example: libel)

2. Reporter/source confidentiality?

Branzburg v. Hayes

3. Prior Restraint

First Amendment (cont)

• Freedom of Religion

Not absolute (example: polygamy)

Vast amounts of case law

Second Amendment“A well regulated Militia, being necessary to

the security of a free state, the right of the people to keep and bear Arms, shall nto be infringed.”

Third Amendment

• Provides that no soldier shall be quartered in any house in peacetime without the owner’s consent

• Collective right v. Unlimited right

• Objection to England’s general warrants and writs of assistance

Fourth Amendment

1. Prohibits “unreasonable searches and seizures”

2. Warrants must “particularly describe the place to be search and the person or things to be seized.” – probable cause

Fourth Amendment (cont)

Changes in world and application:

1. Patriot Act,

2. Electronic surveillance,

3. Cell phones,

4. E-mail?

Fifth Amendment

1. Prohibits double jeopardy, protection against compulsory self-incrimination

2. Does not outline due process though

3. Says private property shall not be take for public use without just compensation

Remaining Amendments

• Sixth/Seventh Amendments: provides for a speedy trial by an impartial jury and the assistance of counsel

• Eighth Amendment: prohibits excessive bail and excessive fines and prohibits cruel and unusual punishments

Remaining Amendments

• Ninth Amendment: “the enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”

• Tenth & Fourteenth Amendments: Addresses federalism and state rights

Summary• The Constitution grants powers to a

government and limits those powers by specifying that individuals will retain certain rights.

• Language most imprecise

• Constitution more than 200 years old—living document

• New frontier and possible effects