constitutional law
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CHAPTER 5. Constitutional Law. PREAMBLE. - PowerPoint PPT PresentationTRANSCRIPT
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PREAMBLEPREAMBLEWe the People of the United States, We the People of the United States,
in Order to form a more perfect in Order to form a more perfect Union, establish Justice, insure Union, establish Justice, insure
domestic Tranquility, provide for the domestic Tranquility, provide for the common defense, promote the common defense, promote the general Welfare, and secure the general Welfare, and secure the Blessings of Liberty to ourselves Blessings of Liberty to ourselves and our Posterity, do ordain and and our Posterity, do ordain and establish this Constitution for the establish this Constitution for the
United States of America.United States of America.
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GROUP A: HOW WILL YOU GROUP A: HOW WILL YOU MAKE SURE THAT ANYONE MAKE SURE THAT ANYONE
WHO FEELS UNFAIRLY WHO FEELS UNFAIRLY TREATED WILL HAVE A PLACE TREATED WILL HAVE A PLACE
TO AIR COMPLAINTS?TO AIR COMPLAINTS?
Establishing justice in the Establishing justice in the PreamblePreamble
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GROUP B: HOW ILL YOU MAKE GROUP B: HOW ILL YOU MAKE SURE THAT PEOPLE CAN HAVE SURE THAT PEOPLE CAN HAVE
PEACE AND QUITE?PEACE AND QUITE?
Ensuring domestic tranquilty in Ensuring domestic tranquilty in the Preamblethe Preamble
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GROUP C: HOW WILL YOU GROUP C: HOW WILL YOU MAKE SURE THAT GROUP MAKE SURE THAT GROUP MEMBERS WILL HELP IF MEMBERS WILL HELP IF
OUTSIDERS ARRIVE WHO OUTSIDERS ARRIVE WHO THREATEN YOUR GROUP?THREATEN YOUR GROUP?
Provide for the common Provide for the common defense in the Preambledefense in the Preamble
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GROUP D: HOW WILL YOU GROUP D: HOW WILL YOU MAKE SURE THAT THE MAKE SURE THAT THE
IMPROVEMENTS YOU MAKE ON IMPROVEMENTS YOU MAKE ON THE ISLAND (SUCH AS THE ISLAND (SUCH AS
SHELTERS, FIREPLACES, AND SHELTERS, FIREPLACES, AND THE LIKE) WILL BE USED THE LIKE) WILL BE USED
FAIRLY? FAIRLY?
Promoting the general welfare Promoting the general welfare in the Preamblein the Preamble
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GROUP E: HOW WILL YOU GROUP E: HOW WILL YOU MAKE SURE THAT GROUP MAKE SURE THAT GROUP
MEMBERS WILL BE FREE TO DO MEMBERS WILL BE FREE TO DO WHAT THEY WANT AS LONG AS WHAT THEY WANT AS LONG AS
IT DOESN’T HURT ANYONE IT DOESN’T HURT ANYONE ELSE?ELSE?
Securing the blessing of liberty Securing the blessing of liberty to ourselves in the Preambleto ourselves in the Preamble
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GROUP F: HOW WILL YOU MAKE GROUP F: HOW WILL YOU MAKE SURE THAT THE RULES AND SURE THAT THE RULES AND
ORGANIZATIONS YOU DEVELOP ORGANIZATIONS YOU DEVELOP PROTECT FUTURE PROTECT FUTURE
GENERATIONS?GENERATIONS?
Securing the blessing of liberty Securing the blessing of liberty to our posterity in the Preambleto our posterity in the Preamble
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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
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THE CONSTITUTIONTHE CONSTITUTION
Article I:Article I: Sets up Congress, enumerates its Sets up Congress, enumerates its powers.powers.
Article II:Article II: Sets up executive branch, headed Sets up executive branch, headed by the president.by the president.
Article III:Article III: Establishes the court system. Establishes the court system.Articles IV and VI:Articles IV and VI: Address the relationship Address the relationship
between the federal government and the between the federal government and the states.states.
Article V:Article V: Provides for amendments to the Provides for amendments to the Constitution.Constitution.
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PURPOSES ACCOMPLISHEDPURPOSES ACCOMPLISHED It establishes a national, or federal, It establishes a national, or federal,
government.government. It controls the relationship between the It controls the relationship between the
national government and state national government and state governments.governments.
It defines and preserves personal It defines and preserves personal liberties.liberties.
It enables the federal government to It enables the federal government to perpetuate itself.perpetuate itself.
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3 BASIC CONSTITUTIONAL 3 BASIC CONSTITUTIONAL THEORIESTHEORIES
1.1. Separation of PowersSeparation of Powers2.2. FederalismFederalism
3.3. Individual RightsIndividual Rights
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ARTICLE I - CONGRESSIONAL ARTICLE I - CONGRESSIONAL POWERSPOWERS
Establishes Congress with two houses.Establishes Congress with two houses.
Grants Congress powers.Grants Congress powers.
Substantial effect rule Substantial effect rule
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ARTICLE II - EXECUTIVE POWERARTICLE II - EXECUTIVE POWER
Defines the powers and Defines the powers and responsibilities of the President responsibilities of the President
Appointment Appointment Legislation Legislation Foreign PolicyForeign PolicyCommander in ChiefCommander in Chief
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ARTICLE III - JUDICIAL POWERARTICLE III - JUDICIAL POWER
Creates the Supreme Court Creates the Supreme Court and permits Congress to and permits Congress to create lower federal courts.create lower federal courts.
Federal courts have two key Federal courts have two key functions: functions: adjudicationadjudication and and judicial reviewjudicial review..
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ARTICLES IVARTICLES IV Gives full faith and credit to each Gives full faith and credit to each
sates lawssates laws Citizens in all states equalCitizens in all states equal Provides for new statesProvides for new states Guarantees a Republican form of Guarantees a Republican form of
government to all statesgovernment to all states Protects states from invasion and Protects states from invasion and
domestic violencedomestic violence
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ARTICLE VARTICLE V
Provides for Amendments toProvides for Amendments tothe Constitutionthe Constitution
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ARTICLE VIARTICLE VI
Addresses the relationship between the Addresses the relationship between the Federal Government and the StatesFederal Government and the States
The Supremacy ClauseThe Supremacy Clause FederalismFederalism Prohibits religious test to hold officeProhibits religious test to hold office
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SUPREMACY CLAUSESUPREMACY CLAUSE
The Constitution, The Constitution, federal statutes and federal statutes and federal treaties are federal treaties are the supreme law of the supreme law of
the land.the land.
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FEDERALISMFEDERALISM
The federal government holds only The federal government holds only those powers granted to it by the those powers granted to it by the states. The people via the states states. The people via the states
hold all of those powers not hold all of those powers not expressly denied them by the expressly denied them by the
Constitution.Constitution.
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BILL OF RIGHTSBILL OF RIGHTS
DESIGNED TO PROTECT DESIGNED TO PROTECT THE RIGHTS OF THE THE RIGHTS OF THE PEOPLE AS WAS NOT PEOPLE AS WAS NOT
INCLUDED IN THE INCLUDED IN THE CONSTITUTIONCONSTITUTION
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THE FIRST AMENDMENTTHE FIRST AMENDMENT
Congress shall make no law:Congress shall make no law: Establishing a religionEstablishing a religion
Abridging the freedom of speech or Abridging the freedom of speech or presspress
Abridging the right to assemble Abridging the right to assemble peacefullypeacefully
Against petitioning the governmentAgainst petitioning the government
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THE SECOND AMENDMENTTHE SECOND AMENDMENT
The right to bear armsThe right to bear arms
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THE THIRD AMENDMENTTHE THIRD AMENDMENT
Prohibits requiring citizens to Prohibits requiring citizens to quarter soldiersquarter soldiers
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THE FOURTH AMENDMENTTHE FOURTH AMENDMENT
Prohibits search, seizures and Prohibits search, seizures and warrants without probable cause warrants without probable cause
supported by oathsupported by oath
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FIFTH AMENDMENTFIFTH AMENDMENT ““No person shall be… deprived of No person shall be… deprived of
life, liberty, or property without due life, liberty, or property without due process of law; nor shall private process of law; nor shall private property be taken for public use, property be taken for public use, without just compensation.”without just compensation.”
Procedural Due ProcessProcedural Due Process The Takings ClauseThe Takings Clause Substantive Due ProcessSubstantive Due Process
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THE SIXTH AMENDMENTTHE SIXTH AMENDMENT
Criminal rights:Criminal rights: Speedy trialSpeedy trial Impartial juryImpartial jury Trial where crime committedTrial where crime committed Informed of chargesInformed of charges Confront witnessesConfront witnesses Compulsory attendance of Compulsory attendance of
witnesseswitnesses Right to counselRight to counsel
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THE SEVENTH AMENDMENTTHE SEVENTH AMENDMENT
Right to jury trialRight to jury trial
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THE EIGHTH AMENDMENTTHE EIGHTH AMENDMENT
Prohibition against excessive bail, Prohibition against excessive bail, excessive fines and cruel and excessive fines and cruel and
unusual punishmentunusual punishment
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THE NINTH AMENDMENTTHE NINTH AMENDMENT
““The enumeration in the The enumeration in the Constitution, of certain rights, Constitution, of certain rights,
shall not be construed to deny or shall not be construed to deny or disparage others retained by the disparage others retained by the
people”people”
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THE TENTH AMENDMENTTHE TENTH AMENDMENT
““The powers not delegated to the The powers not delegated to the United States by the United States by the
Constitution, nor prohibited by it Constitution, nor prohibited by it to the States, are served to the to the States, are served to the States respectively, or to the States respectively, or to the
people.”people.”
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THE 14th AMENDMENTTHE 14th AMENDMENT
The government must treat The government must treat allall people equally people equally
““No state shall… deny to any No state shall… deny to any person within its jurisdiction the person within its jurisdiction the equal protection of the laws.”equal protection of the laws.”