CONSTITUTION DAY

Michael Semanchik, AttorneyCalifornia Innocence Project

September 16, 2011

The Framework

Three Branches of Government Article One – Legislative Power: 2 branches

(House and Senate) comprised of individuals elected by their respective state.

Note: Congress has nearly exclusive power to govern interstate commerce.

Article Two – Executive Power: The President and the president’s cabinet members and staff.

Article Three – Judicial Power: The Supreme Court, Circuit Courts of Appeals, and Federal District Courts.

Passing Amendments

Article Five – an amendment may be proposed in 3 ways: (1) 2/3 of Congress; (2) 2/3 of States; or (3) Congress may call for special convention.

3/4 of states must ratify any proposed amendment.

US has 27 Amendments to the Constitution, the last having been passed in 1992.

Anyone know what the 27th Amendment is?

Bill of Rights

The first 10 amendments to the US Constitution.

The Constitution did not address individual rights – something the Framers required – after having endured a power and taxation struggle with the British.

Congress passed these amendments at the first session of the very first Congress, largely led by James Madison.

First Amendment Five Main Rights:

Speech Press Assembly Religion

Establishment Free Exercise

School speech can be censored; however symbolic speech is permitted (armbands).

Second Amendment

The right of the people to keep and bear arms.

2008 DC Case – restrictions are allowed, but outright bans are not.

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...

Fifth Amendment (Pre-trial Rights)

No – Double Jeopardy Testify against

self Deprivation of

life, liberty or prop w/o due process

Pvt. Prop Takings w/o $$

Miranda – right to remain silent

Sixth Amendment (Trial Rights)

Speedy Trial Public Trial Impartial Jury Notice of Charges Confrontation Clause Call Witnesses Counsel/Self

Representation

Eighth Amendment

No excessive bail/fines

Cruel and unusual punishment

Death Penalty: 3-drug cocktail forbidden

No death penalty solely for rape conviction

50-to-life for 3rd strike in CA for stealing $150 in video tapes is Constitutional

13th, 14th & 15th Amendments

13th: Abolished slavery.

14th: Applies due process rights to state and local governments.

15th: Gave voting rights to all men regardless of race, color or previous servitude.

Pickett's Charge

Each of these were a direct result of the Civil War.

Eighteenth Amendment

Prohibition of alcohol, repealed by 21st Amendment.

What was the result of the prohibition?

Nineteenth Amendment

Prohibits any citizen from being denied the right to vote based on sex.

The original Bill of Rights only applied to men.

Case Study: Daniel Larsen

Brief Facts: convicted of possession of a dagger (3rd strike) and sentenced to 28-to-life.

Larsen's defense counsel failed to investigate and interview as many as nine witnesses to the crime.

The Police – Rampart Scandal

What rights/Amendments are implicated here?

Case Study: Cameron Todd Willingham

Convicted of murder and arson; executed on February 17, 2004.

2009: Report published in New Yorker challenged fire investigation.

Governor Perry, now presidential candidate, received new fire reports and had opportunity to pardon.

What rights/Amendments are implicated here?

Classroom Proposed Amendments

28th - ? 29th - ? 30th - ?