the constitution the engine of our republic “supreme law of the land” magruder’s chapter 3
TRANSCRIPT
The ConstitutionThe Constitution The Engine of Our RepublicThe Engine of Our Republic““Supreme Law of the Land”Supreme Law of the Land”
MAGRUDER’S Chapter 3MAGRUDER’S Chapter 3
Constitution – Vocabulary [22 Constitution – Vocabulary [22 terms]terms]
1. U.S. ConstitutionU.S. Constitution – 4,300 words in 7 main parts or sections called articles. Including the 27 amendments27 amendments, there are 6,700 words.
The seven articlesseven articles are: a. Legislative b. Executive c. Judicial d. Relations Among States and the Federal Government e. Amending Process f. National Supremacy g. Ratification of the Constitution [9 of 13 colonies]
2. Texas ConstitutionTexas Constitution – 90,000 words in 376 sections and over 400 400 amendmentsamendments [over 600 amendments were proposed] [AlabamaAlabama has almosthas almost 800 amendments 800 amendments to their constitution [ [specific]
3. FormalFormal [constitutional] Amendments[constitutional] Amendments – 27 amendments ratified by the States [Over 10,000 have been proposed; 33 were sent to the States and 27 were approved.]
4. Informal [non-constitutional] AmendmentsInformal [non-constitutional] Amendments – non-constitutional changes implemented by:
a. Party practicesParty practices – conventions
b. Congressional lawsCongressional laws – Constitution says congress can make “all “all laws necessary and proper”laws necessary and proper” [elastic clauseelastic clause]. This allows them to stretch their power such as “the power to regulate currency”“the power to regulate currency” allowed them to create a national bank in 1819.
Constitution - VocabularyConstitution - Vocabulary c. Presidential actionsPresidential actions – presidents have expanded the power of the
presidency by doing things like sending troops into combat over 200 times.
d. CustomsCustoms – appoint cabinet positionscabinet positions and forming political partiespolitical parties.
e. Court decisionsCourt decisions – The Supreme Court just took the power of judicial review by declaring State and federal laws unconstitutional [null and void]. No one has challenged them on this.
5. Weaknesses of the Articles of ConfederationWeaknesses of the Articles of Confederation 1781-1787.
a. Could not collect taxesCould not collect taxes
b. There was no executive branchno executive branch [feared the re-establishment of a monarchy, however, there was no executive to enforce acts of congress due to bad experience with George III.].
c. No national court systemNo national court system
d. UUnanimous nanimous approval approval of allof all 13 S 13 Statestates for an amendmentfor an amendment [one State had veto power over any amendments]
e. States had too much autonomyStates had too much autonomy
6. New Jersey [small State] PlanNew Jersey [small State] Plan – each State received one vote.
7. Virginia [ large State] PlanVirginia [ large State] Plan – one house’s representatives would be based on population and they would chose members of the other house.
8. Great [Connecticut Plan] CompromiseGreat [Connecticut Plan] Compromise – one house based on population [each State would get at least one representative] and the other house would have 2 members from each State.
9. Bill of RightsBill of Rights – civil liberties [speech, religion, press, etc.] is the 1st 10 Amendments.
10. Separation of PowersSeparation of Powers – power is distributed among the 3 branches.
Constitution - VocabularyConstitution - Vocabulary
Constitution - VocabularyConstitution - Vocabulary11. Checks and BalancesChecks and Balances – each of the three branches of government is
subject to checks by either or both of the others.
There are Three Delegated [granted] Powers of the National Government
12. Expressed PowersExpressed Powers of the National Government – written in constitution.
13. Implied PowersImplied Powers of the National government – not written but implied in the constitution by the elastic clauseelastic clause [“shall make all laws necessary “shall make all laws necessary and properand proper” (which means ” (which means “convenient and useful”“convenient and useful”))]
14. Inherent PowersInherent Powers of the National Government – because of nationhood [like acquiring territory or deporting aliens]
Constitution - VocabularyConstitution - Vocabulary
Delegated PowersDelegated Powers
Expressed PExpressed Powersowers
[enumerated][enumerated]
Implied PowersImplied Powers[suggested][suggested]
Inherent PowersInherent Powers[historically possess][historically possess]
Written in the Constitution [17]
Elastic Clause:Necessary & Proper [hundreds]
Just becauseit’s a nation
Example:*Congress can coin money & declare war
Example:*Congress regulates
immigration and acquires territory
Example:*Congress buildsinterstate hwy sys
Constitution - VocabularyConstitution - Vocabulary15. Marbury v. MadisonMarbury v. Madison [1803] – 1st case in which an act of Congress was act of Congress was
declared unconstitutionaldeclared unconstitutional [null and void] by the Supreme court. 1,000 laws of the States have been declared unconstitutional and 150 acts of congress have been declared unconstitutional.
16. Plead the 5Plead the 5thth – don’t have to testify against yourself or your spouse.
17. Due ProcessDue Process – fair and equal treatment under the law. Laws have to be fair and legal.
18. Double JeopardyDouble Jeopardy – tried twice for the same crime.
19. Eminent DomainEminent Domain – the government can take your property for public use, but they do have to pay you a fair price.
20. Exclusionary RuleExclusionary Rule – evidence gained by unlawful search or seizure.
21. Probable CauseProbable Cause – good reason or “probable cause” that the suspect is guilty.
22. Ex Post FactoEx Post Facto – “after the fact”“after the fact” declaring something a crime even though it was legal when it was committed. [Like “can’t be punished today for wearing polyester wearing polyester leisure suits and bell bottomsleisure suits and bell bottoms in the 1970s.
• Before we look at the Constitution let’s look at why the Articles of Confederation failed.
No Chief Executive No Chief Executive To Enforce The LawsTo Enforce The Laws
BOTTOM LINEBOTTOM LINE
• NO POWER OVER STATES
• ARTICLES COULD NOT PROTECT CITIZENS’ PROPERTY RIGHTS
“Our new Constitution is now established, and has an
appearance that promises permanency; but in the world
nothing can be said to be certain except death and
taxes.”-Benjamin Franklin
“FATHER OF THECONSTITUTION”
TOOKCOPIOUSNOTES-NEVERMISSEDA DAY
Some were against the Constitution, like…
Patrick Henry.
Articles of ConfederationArticles of Confederation The US ConstitutionThe US Constitution1. Unicameral Congress (1 house)
2. Equal (one) vote in Congress per state
3. No Executive Branch
4. No Judicial Branch
5. 9 out of 13 states had to approve laws in Congress
6. States could coin their own money
7. States could regulate trade with states and foreign nations
8. States had great autonomy to govern themselves
9. Only states had the power to impose taxes
1. Bicameral Congress (2 houses)
2. In House of Representative, states were represented based on population; In the Senate each state got two votes regardless of population
3. Executive Branch established, lead by US President, carries out laws
4. Judicial Branch established, headed by Supreme Court, interprets laws
5. Majority rules! (50% +1 in each house to pass laws)
6. Congress has exclusive right to coin money
7. Only Congress could regulate trade with states and foreign nations
8. States recognize the US Constitution as the final word on all matters
9. Congress can impose taxes as well
ObjectivesObjectives1. Six basic principles of the Constitution1. Six basic principles of the Constitution2. How the Constitution is formally amended 2. How the Constitution is formally amended [and the 27 amendments] [and the 27 amendments]3. How3. How the the ConstitutionConstitution is is informally amended.informally amended.
• The Constitution is referred to as the LIVING CONSTITUTIONLIVING CONSTITUTION because it is highly flexibleflexible and can changechange to meet the times.
• The Constitution (1787) is this nation’s fundamental law [“supreme law of the land”] as it lays down the framework of our government.
• It is on display at the National Archives Building in Washington, D.C. It consists of 6,700 words and has 39 signatures.
• The ConstitutionConstitution begins with a short PreamblePreamble (statement of why the Constitution was written). The main body of the Constitution follows the Preamble. It is divided into 7 main parts called ArticlesArticles, which are then divided into smaller sectionssections.
• Jefferson said the Constitution “belongs to the living and not the dead”“belongs to the living and not the dead” which means it must be responsive to changing times and customsit must be responsive to changing times and customs.”
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National Archives Building National Archives Building
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“THE CONSTITUTION WAS NOT MADE TO FIT US LIKE A STRAIGHTJACKET. IN ITS ELASTICITY LIES ITS CHIEF GREATNESS.”
Woodrow Wilson
PURPOSES OF CONSTITUTION
• Allow for Change• The framers wanted to
make sure the Constitution could change with the times
• But they did not want change to the most basic structures and rules of government
• Thus, Article 5 allows for “Amending”
PreambleArticle I The Legislative Branch Section 1. Congress Section 2. House of Representatives Section 3. Senate Section 4. Elections and Meetings Section 5. Organization and Rules Section 6. Privileges and Restrictions Section 7. Passing Laws Section 8. Powers of Congress Section 9. Powers Denied to the Fed Gov. Section 10. Powers Denied to the States
Article II. The Executive Branch Section 1. President and Vice-President Section 2. Powers of the President Section 3. Duties of the President Section 4. Impeachment
Article III. The Judicial Branch Section 1. Federal Courts Section 2. Jurisdiction of the Federal Courts Section 3. Treason
Article III. The Judicial Branch Section 1. Federal Courts Section 2. Jurisdiction of the Fed. Courts Section 3. Treason
Article IV. Relations Among States Section 1. Official Acts Section 2. Mutual Duties of States Section 3. New States and Territories Section 4. Federal Protection for States
Article V. The Amending ProcessArticle VI. National SupremacyArticle VII. Ratification of the Constitution
Respecting people’s rights while creating a Respecting people’s rights while creating a strong government was a major task of the strong government was a major task of the
framers of the Constitutionframers of the Constitution
Six principles were designed to ensure that we Six principles were designed to ensure that we could have a strong government and keep our could have a strong government and keep our
libertiesliberties
I. The first principle is POPULAR SOVEREIGNTYPOPULAR SOVEREIGNTY (the people rule)The Constitution acts as a contract with the The Constitution acts as a contract with the
people:people:1. People grant government powers so they can get the
work of the nation done2. People spell out what the government may NOT do3. Popular [people] sovereignty [absolute rule] –absolute
power is invested in the peoplepeople.4. The “We, the peoplepeople” in the Preamble, shows that the
people are the only source of governmental power.5. The government may govern only with the consent of the
people is what popular sovereigntypopular sovereignty means.6. The Framers feared that direct democracy would lead to mob mob rulerule. They believed that elected representatives would make more reasoned judgments than the people themselves.
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The people elect public officials to make laws for them.
It would be too difficult for everybody to directly vote on every governmental matter that needed to be addressed, so we elect politicians we agree with to vote for us in Congress.
This is called representative governmentrepresentative government (system of government in which voters choose representatives to govern them).
The people choose officialspeople choose officials for the following national offices:
• House of Representatives (Art. 1, Sec. 2)
• Senate (Amendment 17)• Members of the Electoral College (who vote for the President)
Voting rights have increased over time. When the Constitution was ratified, only white men over the age of 21 who owned property could vote.
1789White, male, at least 21 years old,
land owner (in most cases)
1800-1850’sWhite, male, at least 21 years old
1870Male, at least 21 years old
(black men gained the right to vote- 15th Amendment)
1920At least 21 years old
(women gained the right to vote- 19th Amendment)
1961Citizens living in Washington, DC can vote in presidential elections
(amazingly, those living in the District of Columbia could not vote for President of the United States because they were not a state and had no electoral votes… the 23rd Amendment gave DC 3 electoral
votes)
1971All citizens who are at least 18 years
old may vote (26th Amendment)
The Constitution outlines the specific powers (enumerated enumerated powerspowers) of the Government (congress, president, courts) and also details the things the government cannot do!
The Bill of Rights [first 10 amendments] protect human rights by limiting the power of national government. [“Congress shall make no law” guarantees freedom of religion, speech, press, assembly, and petition.
Limited government reflected the Framers fear of too much power [tyranny] accumulating in any one branch.
The people are the only source of authority.Government is not all powerful and can do
only things the people want.The government must obey the law.
Power being distributed among the three branches is separation of powersseparation of powers.
The purpose was to prevent any group or individual from having all the power.
The Framers distrusted a strong central government in which the same people make, enforce, & determine the laws.
The government was divided into 3 independent branches3 independent branchesI. Legislative [CongressCongress]II. ExecutiveIII. Judicial
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LEGISLATIVE BRANCH
Main purpose:MAKE LAWSMAKE LAWS
Examples of duties…
• Coin money• declare war• tax• maintain the military• ratify treaties
EXECUTIVE BRANCH
Main purpose:ENFORCE/ CARRY ENFORCE/ CARRY OUT LAWSOUT LAWS
Examples of duties…
• serve as commander in chief of armed forces
• negotiate treaties• appoint advisors (cabinet,
ambassadors)• appoint federal judges• approve/veto bills
And dance!!!!And dance!!!!
JUDICIAL BRANCHJUDICIAL BRANCH
Main purpose:INTERPRETS/EXPLAINS LAWS
Examples of duties…
1. declare laws constitutional/unconstitutional2. declare executive actions constitutional/unconstitutional
Checks and Balances – the three branches of government are not completely independent of one another but are tied together by a complex system of checks and checks and balancesbalances. All three share power with the others.
A. each one is subject to checks by either or both of the others. B. There are checks when the President vetoes an act of Congress,
or Congress overrides a presidential vetoCongress overrides a presidential veto. Or the Senate rejects a presidential appointee, or when Congress removes judgesCongress removes judges through impeachment.
C. This check and balance system makes compromise necessary.
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Legislative Branch Checks Over…
Executive Judicial• can override presidential veto• confirms presidential appointments• ratifies treaties• can declare war• appropriates money• can impeach and remove president
• Create lower federal courts• Can impeach or remove judges• Can propose amendments (overruling judicial decisions)• Approves appointments of federal judges
Executive Branch Checks Over…
Legislative Judicial• can propose laws• makes appointments• negotiates foreign treaties• can veto laws• can call special sessions of congress
• appoints federal judges• can grant pardons to federal offenders
Judicial Branch Checks Over…
Executive Legislative
• can declare executive actions to be unconstitutional
• can declare laws and acts of Congress to be unconstitutional
JudicialJudicial Review Review: The power of the Court to declaredeclare a a government action illegalgovernment action illegal, or, null and void, because it violated the Constitution.
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The power of judicial review is held by allall federal courts and most State courts.
The lowest State courts – justice of the peace courts – do not have judicial review because they are not courts of record.
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Former Chief Justice Hughes said, “We are under the Constitution but the Constitution is what the judgesjudges say it is.”
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Under the Constitution, the Supreme Court can decide whether or not laws or presidential actions are constitutional.
During a Supreme Court case in 1803 called Marbury vs. MadisonMarbury vs. Madison, the Supreme Court interpreted Article 3, Section 2 to mean that the Courts had the power to do the above. This settled an issue on which the Constitution was silent. Can an unelected Supreme court overrule Congress? Chief Justice Marshall’s answer was ____? So judicial review is when the Supreme Court determines what the Constitution means in specific cases.On more than 150 occasions, an act of Congress has been found to be unconstitutional. It has voided over 1,000 state laws.
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• Marbury v. MadisonMarbury v. Madison was the landmark case that established the landmark case that established the Supreme Court's right to rule on constitutional questionsSupreme Court's right to rule on constitutional questions. You can probably guess that the case grew out of the kind of partisan gamesmanship that's a staple of Washington. Here's the storystory.
• In 1800, the Federalist Party was sitting pretty, with John AdamsJohn Adams in the White House and control of Congress in Federalist handsFederalist hands. But that November, Thomas Jefferson narrowly defeated Adams in the presidential election. To ensure that Federalists controlled the courts, Adams appointed scores of judgesappointed scores of judges just before he left office. [packing judiciarypacking judiciary]
• Documents called commissionscommissions had to be delivered [by Adams’ Secretary of State, John John MarshallMarshall] to the people Adams had appointed in order to make the appointments official. Marshall managed to deliver only 38 of 42deliver only 38 of 42 before Jefferson took office. The rest were to be delivered by Jefferson’s administration and he no interest in delivering Adams commissions.
• William MarburyWilliam Marbury [appointed Justice of the PeaceJustice of the Peace in D.C.] was a Federalist whose commission was not delivered. He and 3 others decided to sue James sue James MadisonMadison [Secretary of State] to deliver the commissions.
• They brought the suit directly to the Supreme Court and asked the Court to issue a writ of mandamusissue a writ of mandamus [order forcing a government official to act]
• As fate would have it, John MarshallJohn Marshall, who had failed to deliver the commissions, had become the chief justice of the Supreme Courtchief justice of the Supreme Court. [“Babe Ruth of the Supreme CourtBabe Ruth of the Supreme Court”]
• Marshall faced a dilemmadilemma. On the one handone hand, he could order Madison to deliver the order Madison to deliver the commissionscommissions, but Madison could simply refuseMadison could simply refuse to do so. The Court had no way of no way of enforcing its decisionsenforcing its decisions. On the other hand, Marshall could deny Marbury’s requestdeny Marbury’s request and allow Madison to do as he pleased.
John MarshallJohn Marshall
Marbury Madison
• If he refused Marbury’s request, he would be failing to use the authority that the Court had been given by the Judiciary Judiciary Act of 1789Act of 1789, which had given the Court the power to issue given the Court the power to issue such orderssuch orders. The Court’s power would be seriously lessened by this failure to act.
• Marshall solved the problemsolved the problem by holding that the Court did not have the Court did not have the authority to hear the caseauthority to hear the case. The section of the Judiciary Act of 1789 giving the court the authority to issue writs of mandamus was issue writs of mandamus was unconstitutionalunconstitutional. The constitution did not mention writs of mandamusconstitution did not mention writs of mandamus and congress did not have the power to expand the Court’s powers. The section of the Judiciary Act of 1789section of the Judiciary Act of 1789 that expanded the Court’s powers was therefore voidvoid.
• Marshall’s decision still stands today as a judicial and political masterpiecejudicial and political masterpiece. It did not require anyone to do anythingnot require anyone to do anything, so enforcing it was not a problem. At the same time, it enlarged the power enlarged the power of of the Supreme Courtthe Supreme Court by stating that it was ““the the provinceprovince and and duty duty of theof the judicial department judicial department to to say whatsay what the the law is.”law is.” Marshall had made it clear that the courts courts had thehad the power of judicial review power of judicial review.
• The Court could now check and balance the other two branches. This was the first case in which an act of congress was said to be unconstitutional. 150 acts of Congress have been declared unconstitutional and 1,000 laws of the States.
Marbury Madison
The Constitution says little about the role of the courtsrole of the courts, but it is clear to many that this is a power they intended.
Federalist 78 says, “independent judges [would prove to be] an essential safeguard against the effects of occasional ill humor in society.”
As of 2003, the Supreme Court has found 150 acts of the Congress to be unconstitutional as well as finding executive actions to be unconstitutional. It has also voided over 1,000 state laws!
UNCONSTITUTIONALUNCONSTITUTIONAL
The framers recognized that state governments
could deal with the needs of their people better than a
national government
For this reason, they sought to create a nation that had
shared powers between the shared powers between the federal government and the federal government and the
state government state government [[federalismfederalism]]
National National Government
Government
State
Governments
overnments
1919
The Constitution does not list the powers of the state The Constitution does not list the powers of the state government, but instead says all powers not delegated to the government, but instead says all powers not delegated to the federal government are reserved to the states federal government are reserved to the states (Amendment 10)(Amendment 10)
Texas Capitol
The Constitution does state the powers that are The Constitution does state the powers that are denied to the states in Article 1, Section 10.denied to the states in Article 1, Section 10.
The Constitution also ensures…
1. States are treated equally.
2. States must respect the laws of other states.
3. All States are guaranteed representation in Congress.
The Constitution also makes clear that the Constitutionthe Constitution is the “supreme law of the landsupreme law of the land” and federal courts will decide disputes between states and the federal government.
FEDERAL FEDERAL POWERSPOWERS
STATE POWERSSTATE POWERS
SHARED POWERSSHARED POWERS
• Regulate interstate andforeign trade• Create and maintain armed forces• Coin Money• Declare War• Admit new states• Establish foreign policy• Make peace treaties
• Regulate trade within state borders• Conduct Elections• Create local governments• Provide for public safety• Establish laws about marriage & divorce• Control Education
• Raise Taxes• Build Roads• Create and impose penalties for crimes• Charter Banks• Provide for the public welfare
FormalFormal Amendments – take place through the process of constitutional amendments. [Formal Amendments involveinvolve changes in the written words of the Constitution.] InformalInformal amendments – where changes are made without involving changes in the written word of the Constitution.
FocusFocus1. Why the Constitution has endured and been able to keep up with the
growth of the U.S.2. How the Constitution may be amended formally.3. What are the 27 amendments?
More than 10,000 formal amendments10,000 formal amendments have been proposedhave been proposed in congress since 1789. 3333 have been sent to the States & 2727 have been ratified.
Our written Constitution has been in force longer than any other written constitution in the world. [Britain’s is unwritten]
Constitutional changes come about in two ways – formal or informal amendments.
Formal Amendments – [Constitutional amendments] – there are four different methods but only two have ever been used.
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The President plays no formal role in the amendment process. They are not sent to him to be signed or vetoed. He does have political influence. Congress decides the method of ratification.
1. First Method – passed by 2/32/3 vote of both houses of congresscongress and ratified by ¾ (38) state legislaturesstate legislatures.
[26 of the 27 amendments were adopted this way.]
2. Second Method – same as the first one except ratified by 38 State conventions called for that purpose. The 21st Amendment, repealing the 18th, was the only one done this way.
3. Third Method – 2/3 of State legislatures (34) could call a national convention. The amendment would have to be ratified by ¾ of the State legislatures.
4. Fourth Method – may be proposed by a national convention and ratified by ¾ (38) of the State conventions.
Formal Amendments are proposed at the nationalnational level and ratification is a StateState by State matter.
This reflects the federal character of our government.
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The Framers of the Constitution understood that conditions would change throughout time.
George Washington said, “I do not think we are more inspired, have more wisdom, or possess more virtue than those who will come after us.”
For this reason, the framers devised a system for amending amending the Constitution2 Ways: Formal and Informal.
George Washington (Lansdowne portrait). Oil on canvas.
1796. National Portrait Gallery, Smithsonian Institution.
2/32/3 of each house each house of the US Congressof the US Congress
can propose amendments
2/3 of states2/3 of states can call for a national national
conventionconvention for the purpose of proposing
amendments
FormalFormal
3/4 of the state legislatures
must approve
3/4 of special state conventions
must approve
FormalFormal
FormalFormal amendments take place through the process of constitutional amendments. Formal amendments involveinvolve changes in the written word of the Constitution.The addition of amendments is federalism at work!
Since 1789, 10,000 amendments have been introduced in Congress (not all proposed), but only 2727 have been ratified…
Some included fully proposed amendments defeated in the states:• Voiding citizenship of anyone accepting a foreign title or honor• prohibiting amendments regarding slavery• Congressional regulation of child labor laws• Equal Rights for Women (ERA)
The first 10 amendments, called the Bill of Bill of Rights Rights, were approved by 1791. They outline They outline the freedoms the government promises to the freedoms the government promises to protect protect.
1. Amendment 1. Freedom of Religion, Speech, Press, Assembly, and Petition
2 Amendment 2. Right to Keep Arms
3 Amendment 3. Quartering of Troops
4 Amendment 4. Search and Seizure; Warrants
5 Amendment 5. Rights of Accused Persons
6 Amendment 6. Right to a Speedy Trial
7 Amendment 7. Jury Trial in Civil Cases
8 Amendment 8. Bail, Fines, Punishments
9 Amendment 9. Rights Not Listed are Retained by the People
10 Amendment 10. Powers Not Listed are Reserved to the States
11. Amendment 11. Immunity of States from certain lawsuits
12. Amendment 12. Election of President and Vice-President (changes Electoral College)
13. Amendment 13. Slavery Abolished
14. Amendment 14. Citizenship Defined Equal Protection, and Due Process
15. Amendment 15. Right to Vote with No Racial Barriers
16. Amendment 16. Income Tax Authorized
17. Amendment 17. Election of Senators by Direct Popular Vote
18. Amendment 1818. National Prohibition of Intoxicating Liquors
19. Amendment 19. Right to Vote Given Nationwide to Women
20. Amendment 20. changes of dates for Presidential and Congressional terms
21. Amendment 21. Repeal of National Prohibition
22. Amendment 22. Two-Term Limit for Presidents
23. Amendment 23. Presidential Vote for District of Columbia
24. Amendment 24. Poll Tax Banned in Federal Elections
25. Amendment 25. Presidential Disability and Succession
26. Amendment 26. Voting Age Lowered to 18 Years
27. Amendment 2727. Congressional PayCongressional Pay
The last 17 fall into 3 categories.The last 17 fall into 3 categories.A. They make public policy. B. They correct deficiencies in gov. structure. C. They promote equality.
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BRITISH CONSTITUTIONCONSISTS OF COMMON
LAW, ACTS OFPARLIAMENT, &
POLITICAL TRADITION AND CUSTOMS
Britain’s Unwritten Constitution and No Bill of Rights
• Although the founders were strongly influenced by English tradition, they departed from that tradition in two important ways. They created a single written constitutionsingle written constitution, and they added the Bill of Rightsadded the Bill of Rights to that document.
• Unlike the U.S., Britain has no single documentBritain has no single document that sets forth its constitutional rules. Instead, Britain’s “unwritten”“unwritten” constitutionconstitution consists of various acts passed by Parliamentvarious acts passed by Parliament, court decisionscourt decisions, other authoritative documentsauthoritative documents, and British customs and practicescustoms and practices.
• Britain has no Bill of RightsBritain has no Bill of Rights protecting the rights and liberties of their citizens. There is, of course, the English English Bill of Rights of 1689Bill of Rights of 1689. This document, though, deals mainly with the rights of Parliamentrights of Parliament, not of citizens, and it can also be changed by Parliament.
• All other Western European nations have a bill of rights protecting their citizens. It is ironic that the country that ironic that the country that invented the concept invented the concept of theof the bill of rights does not have one bill of rights does not have one.
• Amendments to the United States Constitution
• The Bill of Rights First 10 Amendments
Scope of Federal Government Power 11th and 16th Amendments
• Federal Elections and Terms 12th, 17th, 20th, 22nd, and 25th Amendments
• Civil War Amendments 13th, 14th and 15th Amendments
• Suffrage Amendments 15th, 19th, 23rd, 24th and 26th Amendments
• Prohibition - 18th and 21st Amendments
Amendment 1. Guarantees our 5 GREAT BASIC FREEDOMS5 GREAT BASIC FREEDOMS. [“Civil Liberties” or freedom of expressions are the keystone of individual freedomkeystone of individual freedom.
a. Freedom of ReligionFreedom of Religion or not to have a religion. People may worship or not worship as they please.
The government cannot favor one religion over another [separation of church and State – no prayers or devotional reading from the Bible in school.]
b. Freedom of Freedom of speechspeech – this freedom is restricted if it harms others. We have laws against slanderslander [spokenspoken] or libellibel [written statementswritten statements] intended to damage one’s reputation.
Speech that offends the moral senseoffends the moral sense [obscenityobscenity] of others or speech that endangers the safety of the nation [military secrets] may be punished.
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c. Freedom of the PressFreedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazines. This freedom also protects our right to know. Obscenity cannot be sent through the mail but may be viewed in the privacy of your own house. There can be no no prior restraintprior restraint –stopping the spreading of news before they are published or broadcast.
d. Right to assembleRight to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful.
e. Right to petition government officialsRight to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.
Amendment 2. Right To Keep And Bear ArmsRight To Keep And Bear Arms The purpose was to prevent Congress from denying
States the right to have a militia of armed citizens. The States and federal government can regulate the possession and use of firearms by individuals.
Amendment 3. No Quartering of Troops In HomesNo Quartering of Troops In Homes This is absolute during peacetime; limited during wartime.
Amendments 4-8 protect the individual in dealing with the police and courts.
Amendment 4. Limits The Conditions Under Limits The Conditions Under Which Police May Search for and Seize Which Police May Search for and Seize Evidence Evidence and and People People [Privacy Amendment] [Privacy Amendment]
A. No “Fishing Expeditions”“Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause].
B. In most cases, a search or arrest warrantwarrant will be necessary. The warrant must describe the specific placespecific place to be searched and the persons or things to be seizedpersons or things to be seized.
C. A police officer may chase a suspect into his house may chase a suspect into his house & not secure a warrant& not secure a warrant (this would be probable cause).
D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be unlawful search or seizure cannot be used used at theat the trial trial. [Exclusionary Rule–has to be excludedexcluded]
Amendment 5. Rights of Accused Persons [5-8 have to do with “rights of the accused”“rights of the accused”]
A. A person can be triedcan be tried for a serious crimefor a serious crime only if he has been accusedaccused of of that crime by a grand jurythat crime by a grand jury.
B. No one may be tried twice tried twice for the for the same offensesame offense. [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense]
C. No one may be forced to testify against himselftestify against himself or his spouse. You don’t have to answer questions by the police or the courts. [Plead the “5Plead the “5th”th”]
D. No one can be deprived of life, liberty, or property without due process of lawdue process of law [fair and equal treatment under the law].
E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT EMINENT DOMAINDOMAIN [taking property for taking property for public use public use], it must pay a fair price.
New Cowboys stadiumNew Cowboys stadiummeant property losses.meant property losses.
So, if the jury foreman says?So, if the jury foreman says? There will be no 2There will be no 2ndnd trial. trial.
Amendment 6. Right To A Speedy TrialRight To A Speedy Trial
A. IMPARTIAL JURYIMPARTIAL JURY. You do not have to use a jury and can have the case transferred if it has received too much publicity.
B. Right to be told what crime told what crime you are accused of you are accused of.
C. Right to hear and question all witnessesquestion all witnesses against you.
D. The right to compelright to compel [require their testimony] witnesses to appear at a trial to tell your side of the story.
E. Right to a lawyer.Marcia ClarkMarcia Clark
Amendment 7. Jury Trial In Civil Cases [not a criminal matter – but where one person sues another] Applies to all disputes in excess of $20disputes in excess of $20.
Amendment 8. No Excessive Bail or FinesNo Excessive Bail or Fines, or
“Cruel and Unusual Punishment”“Cruel and Unusual Punishment” [like torture and beheading] [The Court of Military appeals has abolished an old Navy punishment of 3 days on bread and waterbread and water as both cruel and unusual]
Tar and Tar and Feathering Feathering TheThe
““Rack” Rack”
Amendment 9. Unenumerated RightsUnenumerated Rights – The Constitution does not describe all of our rights. This amendment guarantees those fundamental rights not those fundamental rights not enumeratedenumerated. Courts can’t define all your rights
but that doesn’t mean you don’t have them.
Amendment 10. Limits The Power Of The Federal Limits The Power Of The Federal GovernmentGovernment. Powers not granted to the U.S., nor prohibited to it by the States are given to the States or the people. But what are they? State and federal governments have fought over what this means. In 1860, Southern States thought they had the right to quit the Union, starting the Civil WarCivil War. The Union victory cemented the supremacy of federal powersupremacy of federal power.
Both the 9th and 10th Amendments echo the theory of the social echo the theory of the social contractcontract; if the people have not agreed to delegate the powers, people still have them.
As people put the Constitution into practice, they found that the machinery of government did not work exactly the way its did not work exactly the way its designers had expected designers had expected. Slight changes were madechanges were made in the 11th and 12th Amendments.
Amendment 11. [1798] Removed From The Federal Courts Removed From The Federal Courts All Lawsuits By Individuals Against States. All Lawsuits By Individuals Against States.You can bring suit against any State by introducing the case in the courts of the State that is being sued.
Amendment 12. [1804] Changed The Electoral system Changed The Electoral system For Choosing The President & Vice President. For Choosing The President & Vice President.Originally, there was no distinction between candidates for president and vice president.
Civil WarCivil War Amendments Amendments – 13, 14, & 15 – wiped out slavery.
[13 – freedfreed the slaves; 14 – gave citizenshipcitizenship; 15 – gave right votevote]
Amendment 1313. [1865] Banned Slavery and Banned Slavery and Involuntary ServitudeInvoluntary Servitude.
Amendment 1414. [1868] Guaranteed Citizenship to Guaranteed Citizenship to the Freed slaves and Guaranteed Their Rights the Freed slaves and Guaranteed Their Rights..All citizens were to get “Due Process”“Due Process” [now was applied to the States] and “Equal Protection” of the laws.
Amendment 1515. [1870] Guaranteed The right Of Freed Guaranteed The right Of Freed Slaves To Vote Slaves To Vote.
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Amendment 1616. [1913] Income Tax Laws are LegalIncome Tax Laws are Legal.
Amendment 1717. [1913] Senators Will Be Elected By People, Senators Will Be Elected By People, Not LegislaturesNot Legislatures.
Amendment 1818. [1919] ProhibitionProhibition [Prohibited the manufacture, sale, or transportation of alcoholic beverages]
A. Prohibition didn’t stop drinkingProhibition didn’t stop drinking, or people from making and selling beer, wine, or whisky.
B. BootleggersBootleggers became rich by selling illegal liquor and bribing government officials. [In 1933, it was canceled by the 21st Amendment]
[This attempt to make public policy was a disasterdisaster. It lasted for 14 years (1919-1933). GangstersGangsters bootlegged liquor; people died from drinking homemade booze; and millions broke the law by drinking anyway.]
Amendment 1919. [1920] Women’s SuffrageWomen’s Suffrage [Right to votevote] In 1972, 218 women from 26 States were arrested for picketing the White House. 100 went to jail, some for months. Hunger strikes followed. The movement had began in 1873 by Susan B. Anthony.
Women had been voting in some State and local elections since 1869.
It took 133 years for women 133 years for women to get to vote to get to vote in national elections.
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Amendment 20. [1933] “Lame Duck Amendment”Lame Duck Amendment” A. Set new dates for the startstart of of termsterms for
Congress [January 3, instead of the first Monday of December following the election] and for the inaugurationinauguration of the President and Vice President [January 20, instead of March 4]
B. Defeated candidates were called “Lame Ducks”“Lame Ducks” suggesting that their political wings had been clipped. This shortened the time they could remain in office.
Amendment 21. [1933] Repealed Repealed the the 1818thth Amendment Amendment [Prohibition]
Amendments 22–26 deal with the presidency and with presidential elections.
Amendment 22. [1951] Two-term Limit For Two-term Limit For Presidents or Not More Than 10 YearsPresidents or Not More Than 10 Years.
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Amendment 23. [1961] Presidential Electors For Washington DCPresidential Electors For Washington DC.
A. People living in the nation’s capital could not vote in previous national elections.
B. This gave them 3 members of the Electoral College, the same number elected by each of the less populous States. They now could vote.
Amendment 24. [1964] Poll Tax Banned In Federal ElectionsPoll Tax Banned In Federal Elections A. Five States were still requiring a fee to vote.
Many thought this was discriminatory.
B. Poll taxes were banned in State and local elections in 1966. [It violated the “equal protection clause” of the 14th Amendment]
Amendment 25. [1967] Presidential Disability and SuccessionPresidential Disability and Succession A. Vice President SuccessionVice President Succession – President nominates a Vice
President and a majority of both houses must approve.
B. Presidential DisabilityPresidential Disability – this is decided by the Vice President & a majority of the Cabinet. They send a written proclamation to the President pro tempore of the Senate and the Speaker of the House. The Vice President takes over as acting President. When the president recovers, he sends a written declaration to the same officials. If there is a disagreement over his recovery, the Vice President and Cabinet sends a new declaration within 4 days of the President’s. Congress must decide by a 2/3 vote within 21 days.
AMENDMENT 24: ABOLITION OF POLL TAXES - 1964
• The right of United States citizens to vote in Presidential and Congressional elections will not be denied by reason of failure to pay any poll tax or other tax
1942 cartoon critical of Poll Tax
Amendment 2626. [1971] Voting Age is Lowered To 18Voting Age is Lowered To 18.
Who cannot voteWho cannot vote? [the insane, criminals and those dishonorably discharged from the armed forces]
Amendment 27. [1992] Congressional PayCongressional Pay.
No law changing the compensationchanging the compensation for the services of the Senators Senators and Representativesand Representatives, shall take effect, until an election of Representatives shall have intervened.
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TODAY’S CONSTITUTIONAL ISSUES
• Gun Control and the 2nd Amendment
• Death Penalty and Cruel and Unusual
• Prayer in Schools 1st Amendment
• Censorship & Free Speech• Terrorism and Seize and
Seizure rules – 4th• Term Limits for Congress• Campaign finance reform• Abortion and Due Process
rights – 5th
Informally amendingInformally amending the constitution is not truly amending it, just interpreting it differently over time, so these are non-constitutional [unwritten] changes.
Many people despise informally amending the constitution citing that it deviates from the intent of the Framers of the Constitution.
These changes have made the presidency more powerful and have made the federal government’s power over the States more substantial.
Most changes [informal informal amendmentsamendments] have come through reinterpretation of constitutional rules to suit the times.
This occurs in 5 basic ways: 3. Supreme Court Actions [decisions]1. Congressional Action [law] 4. Political Party Actions2. Presidential Action 5. Custom
Focus1. Why the informal amendment process is the real key to the changing
constitution.2. How the Constitution is amended informally.
Most constitutional changes have been brought about through informalinformal amendments – changes that have been made in the Constitution but that have not involved any changes in its written words. [unwritten changes]
The informalinformal amendment process is the key to the vitality of the Constitution. Much of the Constitution can not be seen with the naked eye. It has been put
there by the day-today experiences of government. The Constitution can be informally amended by all three branchesall three branches of government.
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Basic LegislationBasic Legislation:Congress is the major agent of informalmajor agent of informalproceduresprocedures in 2 ways:
1. Pass laws to spell out several of the Constitution’s brief provisions that were left “skeletal”“skeletal” by the Framers. The Congresshas added details as times have required. Article III Section established a Supreme Court but all “inferior Courts”“inferior Courts” will be created by Congress. The 25th Amendment details minimal presidential succession roles… therefore the Congress created more detail.
2. The Constitution give expressed powerConstitution give expressed powerto the Congressto the Congress. For example, it states thatthe Congress can regulate foreign andinterstate trade… but how? And what isregulate foreign and interstate trade? TheConstitution does not say, the Congress has defined it.
2.2. Executive ActionsExecutive Actions: These actions maymay produce informal amendments. Nowhere does it say the President can propose propose bills or budgets to congressbills or budgets to congress, but Presidents have proposed hundreds of bills.
Presidents also enter into executive agreementsexecutive agreements (pacts made with other foreign executives) rather than negotiate treaties which would require approval by the Senate. These executive action dodo carry the same force of law as a treaty.
The way some presidents have used their powers have led to a redefinition of the constitution
Example: The Congress declares war, but the president is commander in chief. TrumanTruman sent troops to Korea even though it says only Congress can “declare war”“declare war” so this would be an example of executive actionexecutive action. LincolnLincoln did this during the Civil War. KennedyKennedy and Johnson sent troops to Viet Nam. Reagan sent troops to Grenada. Bush 41Bush 41 sent troops to Panama. ClintonClinton sent troops to Haiti in 94 and Bosnia in 95. Bush 43Bush 43 sent troops to Iraq. Presidents, on over 200 occasions have used their position to order military force without the consent of Congress.
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3. 3. Court DecisionsCourt Decisions: The Supreme Court’s interpretation’s of the constitution can be considered a way to informally amending it.
In Marbury v. MadisonMarbury v. Madison, the Court established Judicial review (not a power listed in theconstitution) and it remains with us today.
In Roe v. WadeRoe v. Wade found a right to privacy granting a Constitutional right to abortion. In Lawrence v. TexasLawrence v. Texas, the Court found that anti-sodomy laws were a violation of the same right to privacy
Engel v. VitaleEngel v. Vitale found that prayer in school was unconstitutional; Stone v. GrahamStone v. Grahamfound posting of the Ten Commandments in a classroom was unconstitutional.
Brown v. Board of EducationBrown v. Board of Education found that ““separate but equal”separate but equal” education wasunconstitutional.Woodrow Wilson referred to the Supreme Court as “a constitutional convention in “a constitutional convention in continuous session.”continuous session.”
4. Party PracticesParty Practices: Even though such figures as George Washington feared political partiespolitical parties and advised against them, they formed and have become very powerful.
Neither the Constitution nor any law say anything about how candidates candidates for president will be nominatedfor president will be nominated. Since the 1830’s, parties have held presidential primariespresidential primaries to determine this.
Also, the States no longer choose the members of the electoral collegeelectoral college; most often, the States do.National ConventionsNational Conventions are not mentioned in the Constitution.The “rubber stamp”“rubber stamp” behavior of electors is an example of an informalinformal amendment.
The president picks appointeespresident picks appointees by party…etc.
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Custom:Custom: There are 14 cabinet heads… that was a creation of the executive branch, not the Framers, so this is an example of an informalinformal amendment.
The Vice President has taken overVice President has taken over for every president who has died in office (8 since 1841) but it wasn’t until the 25th Amendment of the Constitution that the VP was officially empowered with the power to take over the Presidency.
The practice of only serving two terms in officeserving two terms in office was well accepted until Franklin D. Roosevelt, who was elected to 4 terms. As a result, the 22nd Amendment (1951) of the Constitution was added to make the precedent set by Washington part of the Constitution.
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Note Sheet – ConstitutionNote Sheet – Constitution1. The Constitution is a living Constitution because it is (flexible/inflexible) and can (change/not change) to meet the times. It (can/cannot) accommodate change.2. The _______________ is the supreme law of the land. 3. When Jefferson wrote that the Constitution “belongs to the living and not the
dead,” he meant that (the Framers should have made it more relevant to young people/it must be responsive to the changing times and customs).
4. Popular sovereignty means absolute power is invested in the (Congress/people).5. The source of power in the U.S. is the (Supreme Court/people/the president).6. Government has only the power the people give it is an example of
(popular sovereignty/separation of power/limited government).
7. The Framers feared that direct rule would lead to ______ _______.8. (Checks and balances/Separation of powers) mean power is distributed among the
3 branches.9. Dividing the government into three distinct branches is an example of
(checks and balances/separation of powers).10. Legislative power is invested in the (Supreme Court/President/Congress).11. The system of ________ _____ __________ keep one branch of government
from dominating the actions of the others.12. The President’s veto of an act of Congress is an example of
(separation of powers/checks and balances/limited government).13. The legislative branch can check on the executive branch by
(President’s veto of an act of Congress/Congress overrides a presidential veto).
ConstitutionConstitution
mob rulemob rule
Checks and balances
14. The legislative branch can check the judicial branch by (Congress removing judges by impeachment/Congress overrides presidential veto).
15.__________ Review – power given the courts to declare laws unconstitutional [null and void].16. The power of judicial review is held by (some/all) federal courts and most State
courts.17. Former Chief Justice Hughes said, “We are under the Constitution but the
Constitution is what the (Congress/judges) say it is.”18. In 1803, the Supreme Court first established the power of judicial review in what
case? ______________________.19. Dividing power between the National Government and the 50 States is known
as _____________.20. (Formal/Informal) amendments take place through the process of constitutional
amendments.21. Formal amendments (involve/don’t involve) changes in the written word of the
Constitution.22. (Formal/Informal) amendments take place without involving changes in the
written word of the Constitution.23. More than 10,000 formal amendments have been proposed in Congress since 1789.
____ have been sent to the States and ____ have been ratified.24. Amendments must be passed by 2/3 vote of both houses and ratified by ___ of the
State legislatures or _____ in number.
JudicialJudicial
Marbury v. MadisonMarbury v. Madison
FederalismFederalism
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25. Twenty-sex of the twenty-seven amendments have been brought about by using proposed by (Congress/State legislatures) and ratified by (Congress/State legislatures). 26. The federal character of the U.S. government can be shown in the formal amendment process by proposals at the (national/State) level and ratification at the (national/State) level.27. The only constitutional amendment to be repealed was the (17th, 18th, and 19th).28. The three amendments which expanded suffrage are the 15th, 19th, and the (24th/25th/26th).29. The most recent amendment in 1992 was the 27th and had to do with _____________ _____.30. The first ten amendments are known as the _______ ____ __________.31. The First Amendment includes freedom (to bear arms/of speech/from quartering of troops during peacetime). 32. The 13th, 14th, and 15th amendments were known as the ________ ______ amendments.33. The (13th/14th/15th) amendment banned slavery and involuntary servitude.34. The (13th/14th/15th) amendment gave the freed slaves their citizenship.35. The (13th/14th/15) amendment gave the freed slaves the right to vote.36. The (16th/17th/18th) amendment made income taxes legal.37. The (16th/17th/18th) amendment said senators should be elected by the people.38. The (16th17th/18th) amendment prohibited the sale of alcoholic beverages [prohibition].39. Amendment ____ in 1920 gave women the right to vote.
Congressional payCongressional payBill of RightsBill of Rights
Civil WarCivil War
1919thth
40. The 21st amendment repealed the _______ amendment.41. The _______ amendment lowered the voting age to 18. [“If you can die for your country, you can vote for your country”]42. Most constitutional changes have been brought about through (formal/informal)
amendments.43. The Constitution has grown and changed mostly as a result of (formal/informal) amendments.44. (Formal/Informal) amendments are the key to the vitality of the Constitution.45. The Constitution can be informally amended by the
(executive branch only/legislative branch only/judicial branch only/all 3 branches).
46. Executive action [agreement] (may/may not) produce informal amendments.47.Executive action [agreement] (does/does not) carry the same force of law as a treaty.48. When former President Harry S. Truman sent American troops to Korea even
though the constitution said only Congress could declare war, this was an example of (congressional action/executive action/judicial action).
49. The “rubber stamp” behavior of presidential electors is an example of a(n) (formal/informal) amendment.
50. The custom of the President appointing a cabinet is an example of a(n) (formal/informal) amendment.
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Constitutional NumbersConstitutional NumbersDirections: Write the correct letter in the space provided.Directions: Write the correct letter in the space provided.1. _____ 4 1. _____ 4 A.A. Minimum $ value of property dispute which guarantees trial by jury. Minimum $ value of property dispute which guarantees trial by jury.
2. _____ 122. _____ 12 B.B. Number of years a representative must have been a citizen. Number of years a representative must have been a citizen.
3. _____ 353. _____ 35 C.C. The minimum number of presidential electors from any State. The minimum number of presidential electors from any State.
4. _____ 24. _____ 2 D.D. This amendment gave women the right to vote. This amendment gave women the right to vote.
5. _____ 4355. _____ 435 E.E. Total number of U.S. senators. Total number of U.S. senators.
6. _____ 76. _____ 7 F.F. The number of representatives in the House. The number of representatives in the House.
7. _____ 147. _____ 14 G.G. Total Electoral College vote. Total Electoral College vote.
8. _____ 278. _____ 27 H.H. The term of office for the president (in years). The term of office for the president (in years).
9. _____ 69. _____ 6 I.I. The maximum number of years any president can serve. The maximum number of years any president can serve.
10. ____ 1010. ____ 10 J.J. This amendment outlaws cruel and unusual punishment. This amendment outlaws cruel and unusual punishment.
11. ____ 1311. ____ 13 K.K. Minimum age to be a U.S. representative. Minimum age to be a U.S. representative.
12. ____ 312. ____ 3 L.L. The number of senators from each State. The number of senators from each State.
13. ____ 2013. ____ 20 M.M. Total number of Constitutional amendments. Total number of Constitutional amendments.
14. ____ 53814. ____ 538 N.N. Number of years a senator must have been a citizen. Number of years a senator must have been a citizen.
15. ____ 2515. ____ 25 O.O. Minimum number of representatives any State can have. Minimum number of representatives any State can have.
16. ____ 816. ____ 8 P.P. Amendment which freed the slaves. Amendment which freed the slaves.
17. ____ 117. ____ 1 Q.Q. The minimum age to be president. The minimum age to be president.
18. ____ 10018. ____ 100 R.R. The term of office for a senator (in years). The term of office for a senator (in years).
19. ____ 919. ____ 9 S.S. Amendment which changed the way we elect the president. Amendment which changed the way we elect the president.
20. ____ 1920. ____ 19 T.T. # of years a candidate for president must have been a resident within # of years a candidate for president must have been a resident within the United States. the United States.
Constitutional Numbers Constitutional Numbers [Answers][Answers]Directions: Write the correct letter in the space provided.Directions: Write the correct letter in the space provided.1. _____ 4 1. _____ 4 A.A. Minimum $ value of property dispute which guarantees trial by jury. Minimum $ value of property dispute which guarantees trial by jury.
2. _____ 122. _____ 12 B.B. Number of years a representative must have been a citizen. Number of years a representative must have been a citizen.
3. _____ 353. _____ 35 C.C. The minimum number of presidential electors from any State. The minimum number of presidential electors from any State.
4. _____ 24. _____ 2 D.D. This amendment gave women the right to vote. This amendment gave women the right to vote.
5. _____ 4355. _____ 435 E.E. Total number of U.S. senators. Total number of U.S. senators.
6. _____ 76. _____ 7 F.F. The number of representatives in the House. The number of representatives in the House.
7. _____ 147. _____ 14 G.G. Total Electoral College vote. Total Electoral College vote.
8. _____ 278. _____ 27 H.H. The term of office for the president (in years). The term of office for the president (in years).
9. _____ 69. _____ 6 I.I. The maximum number of years any president can serve. The maximum number of years any president can serve.
10. ____ 1010. ____ 10 J.J. This amendment outlaws cruel and unusual punishment. This amendment outlaws cruel and unusual punishment.
11. ____ 1311. ____ 13 K.K. Minimum age to be a U.S. representative. Minimum age to be a U.S. representative.
12. ____ 312. ____ 3 L.L. The number of senators from each State. The number of senators from each State.
13. ____ 2013. ____ 20 M.M. Total number of Constitutional amendments. Total number of Constitutional amendments.
14. ____ 53814. ____ 538 N.N. Number of years a senator must have been a citizen. Number of years a senator must have been a citizen.
15. ____ 2515. ____ 25 O.O. Minimum number of representatives any State can have. Minimum number of representatives any State can have.
16. ____ 816. ____ 8 P.P. Amendment which freed the slaves. Amendment which freed the slaves.
17. ____ 117. ____ 1 Q.Q. The minimum age to be president. The minimum age to be president.
18. ____ 10018. ____ 100 R.R. The term of office for a senator (in years). The term of office for a senator (in years).
19. ____ 919. ____ 9 S.S. Amendment which changed the way we elect the president. Amendment which changed the way we elect the president.
20. ____ 1920. ____ 19 T.T. # of years a candidate for president must have been a resident within # of years a candidate for president must have been a resident within the United States. the United States.
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Interpreting the Bill of RightsInterpreting the Bill of RightsWrite the number of the amendment that prohibits the following violations.Write the number of the amendment that prohibits the following violations.1. ___ Luke was found innocent of armed robbery but the State decided to bring1. ___ Luke was found innocent of armed robbery but the State decided to bring him to trial again anyway. him to trial again anyway.2. ___ After being found guilty of drunk driving, the court ordered that Carolyn 2. ___ After being found guilty of drunk driving, the court ordered that Carolyn spend the next thirty years in solitary confinement. spend the next thirty years in solitary confinement.3. ___ The town of Upper Creek decided to double the taxes of all Catholics.3. ___ The town of Upper Creek decided to double the taxes of all Catholics.
4. ___ In a civil trial where the dispute was over $2o, both sides were denied 4. ___ In a civil trial where the dispute was over $2o, both sides were denied a jury trial. a jury trial.5. ___ For no apparent reason, the police pulled Rita’s car over and began to 5. ___ For no apparent reason, the police pulled Rita’s car over and began to search through her trunk and personal luggage. search through her trunk and personal luggage.6. ___ The U.S. Attorney General ordered all American citizens to turn in their6. ___ The U.S. Attorney General ordered all American citizens to turn in their rifles and pistols by noon on Saturday. rifles and pistols by noon on Saturday.7. ___ Judge M.T. Nasty ordered a doctor to cut off the right hand of Sue, a7. ___ Judge M.T. Nasty ordered a doctor to cut off the right hand of Sue, a convicted pickpocket. convicted pickpocket.8. ___The federal government decided that State governments were no longer8. ___The federal government decided that State governments were no longer necessary. necessary.
9. ___ The President declared that the only rights Americans have are those 9. ___ The President declared that the only rights Americans have are those listed in the first eight amendments. listed in the first eight amendments. 10. ___ A representative asked the local newspaper not to print an editorial 10. ___ A representative asked the local newspaper not to print an editorial critical of her record. critical of her record.
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Interpreting the Bill of Rights Interpreting the Bill of Rights [11-20][11-20]11. ___ During peacetime, the Army ordered the residents of Ramada to11. ___ During peacetime, the Army ordered the residents of Ramada to house its soldiers. house its soldiers.12. ___ A group of labor leaders were told that they could conduct a 12. ___ A group of labor leaders were told that they could conduct a peaceful rally in the town square. peaceful rally in the town square.13. ___ Henry was arrested for shoplifting, but was not brought to trial 13. ___ Henry was arrested for shoplifting, but was not brought to trial for five years. for five years.14. ___ The judge insisted that the defendant take the stand and explain 14. ___ The judge insisted that the defendant take the stand and explain his actions on the night of an alleged crime. his actions on the night of an alleged crime.15. ___ The police decided to bug Kevin’s home phone in the hope that 15. ___ The police decided to bug Kevin’s home phone in the hope that they would uncover some kind of crime. they would uncover some kind of crime.16. ___ Congress passed a law banning the practice of Buddhism in 16. ___ Congress passed a law banning the practice of Buddhism in the U.S. the U.S.17. ___ The judge decided to throw Joyce in jail without the benefit of 17. ___ The judge decided to throw Joyce in jail without the benefit of due process. due process.18. ___ Melissa was arrested and placed behind bars without ever being 18. ___ Melissa was arrested and placed behind bars without ever being informed of the nature or cause of the accusation. informed of the nature or cause of the accusation.19. ___ After being charged with arson, Nathaniel was denied the right 19. ___ After being charged with arson, Nathaniel was denied the right of counsel for his defense. of counsel for his defense.20. ___ Judge Stone placed Kyle’s bail for cheating on a high school 20. ___ Judge Stone placed Kyle’s bail for cheating on a high school exam at $500,000. exam at $500,000.
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The EndThe End