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Unformatted text preview: Chapter 1 Chapter History, Structure, and Content of History, the United States Constitution the Early Steps Toward National Unity Early In 1643 - the New England Confederacy In the colonies of Massachusetts, New Plymouth, Connecticut, and New Haven for mutual defense against the Dutch and Indians. Indians. National Unity National When the First Continental Congress When assembled in Philadelphia in 1774, all colonies except Georgia sent delegates. colonies Articles of Confederation Articles In 1776, a committee was appointed to study In the problem of greater centralization. This committee wrote the Articles of Confederation, which went into effect in March of 1781. March History of the U.S. Constitution History After declaring their independence, the 13 After former colonies immediately began working on state constitutions to prepare for statehood. New Hampshire was first to complete this process. By 1779, all 13 former colonies had constitutions in place. constitutions Drafting the Constitution of the United States United In February of 1787, the Congress established under In Articles of Confederation adopted a resolution calling for a convention to consider revision. 55 delegates, representing every state except Rhode Island, assembled in Philadelphia and selected George Washington as their unanimous choice to preside over the Convention. The session lasted nearly four months. session Ratification by the States Ratification Public sentiment was mixed. The Federalist Papers James Madison, Alexander Hamilton, and James John Jay undertook the task of selling the Constitution to the people. They argued that a strong central government was necessary to ensure political stability and national security. The opposition The Their opponents countered that: – Granting the federal government the power to Granting tax was dangerous tax – The Constitution lacked a Bill of Rights and the The assurance of a fair trial assurance – Concentrating so much power in the federal Concentrating government threatened the sovereignty of the states states Ratification by the States Ratification From June 1787 through June 21, 1788 From advocates gathered the supporters of the new constitution. new On June 21, 1788 New Hampshire became On the ninth state to ratify the Constitution. the April 30, 1789, George Washington was April inaugurated as the first president of the United States. Final Acceptance Final North Carolina and Rhode Island remained North outside the Union. outside The passage by Congress of a tariff on The foreign imports, including goods imported from North Carolina and Rhode Island, drove them into the union. North Carolina and Rhode Island ratified the Constitution on November 21, 1789, and May 29, 1790, respectively. respectively. Completion Completion Within a span of 25 years, the 13 former Within colonies accomplished two major victories. They won the War of Independence and established a firm and stable government that has endured for more than 200 years. that Structure and Content of the Constitution Constitution Article I – Establishes the legislative branch of Establishes government. government. Article II – Establishes the executive branch of Establishes government. government. Article III – Establishes the judicial branch of government. Structure and Content of the Constitution Constitution Article IV – Establishes the duties states owe one another. This Establishes includes full faith and credit to the laws of sister states. includes Article V – Establishes procedures for amending the Constitution. Article VI – Contains the supremacy clause. Article VII – Historic importance only. Division of Power between the National Government and the States National The federal government is a government of The enumerated and limited powers. enumerated While the federal government is a While government of enumerated and limited powers, it is supreme within its sphere of operation. operation. All powers that have not been delegated to All the federal government and that the states are not prohibited from exercising belong to the states. the Powers Granted to the Federal Government Government The powers granted to the federal The government are found primarily in Article I, Section 8 of the Constitution. Section Powers Granted to the Federal Government Government A. The Power to Levy Taxes and Make Expenditures for the National Defense and General Welfare and The power to tax is essential because The governments cannot survive without a source of revenue. Congress occasionally uses its taxing powers for regulatory, rather than revenue-raising purposes. than Powers Granted to the Federal Government Government B. The Power to Borrow Money on the Credit of the United States Credit This provides an auxiliary source of This revenue when taxes are insufficient to cover the government’s operating expenses. expenses. Powers Granted to the Federal Government Government C. The Power to Regulate Interstate and Foreign Commerce Commerce This permits Congress to regulate the following This three broad categories of activities: three – channels and instrumentalities involved in channels interstate commerce interstate – movement of people and goods across state lines – any commercial activity that has a close and any substantial relationship to, or effect on, interstate commerce, even one that takes place entirely within the confines of a single state. within Powers Granted to the Federal Government Government Congress has enacted a large body of federal Congress criminal statutes under the commerce clause. Mann Act, makes it a federal crime to transport Mann makes women across state lines for immoral purposes; women National Motor Vehicle Theft Act, makes it a National makes crime to transport stolen vehicles in interstate commerce; commerce; Federal Kidnapping Act, makes it a crime to kidnap makes a person and take him across state lines. person Powers Granted to the Federal Government Government Regulating Commerce: Wickard v. Filburn, the court found that the production of wheat for personal consumption had a substantial effect on interstate commerce, because home-grown wheat competes with wheat in commerce, producing surpluses and lowering market prices. prices. Powers Granted to the Federal Government Government Regulating Commerce: : United States v. Morrison, iinvolved a nvolved federal statute also enacted under the commerce clause. The statute provided a federal civil cause of action for victims of gender-motivated crimes of violence. gender-motivated Matters such as marriage, divorce, Matters education of children, and maintaining the public peace are beyond the reach of Congress under the commerce clause. Congress Powers Granted to the Federal Government Government D. The Power to Establish National Rules Regarding Immigration, Naturalization, and Bankruptcy Bankruptcy The federal government alone can establish The rules relating to immigration and naturalization. States are forbidden to legislate on this subject. Federal government has exclusive legislative control over bankruptcy laws. States remain free to enact laws dealing with the legal rights of debtors and creditors as long as they don’t conflict with federal bankruptcy laws. with Powers Granted to the Federal Government Government E. The Power to Coin Money, Regulate Currency, and Punish Counterfeiting Currency, Congress has the exclusive power to Congress coin money, designate the medium exchange, forbid melting, defacing, and counterfeiting and establish agencies to enforce the currency laws. enforce Powers Granted to the Federal Government Government F. The Power to Establish Post Offices and Post Roads and This power enables Congress to regulate This what can be placed in the mail, to make theft from the mails and use of the mails for illegal purposes federal crimes, and to establish federal agencies to enforce the postal laws. postal Powers Granted to the Federal Government Government G. The Power to Secure for Authors and Inventors the Exclusive Right to Writings and Discoveries for a Limited Period of Time Time This gives authors and inventors This exclusive rights to the fruits of their labors. This supplies the constitutional foundation for federal patent and copyright laws. for Powers Granted to the Federal Government Government H. The Power to Establish Judicial Tribunals Inferior to the Supreme Court Inferior In 1789, Congress exercised the power to In establish judicial tribunals inferior to the Supreme Court. The judiciary Act of 1789 provided for the establishment of 13 district and three circuit courts. Federal court system has three tiers: courts. Federal district court – the trial court. Federal Appeals Court – above district; appellate courts appellate Supreme Court –very few appeals ever reach the Supreme Court. the Powers Granted to the Federal Government Government I. The Power to Make and Enforce Laws Related to Piracies and Felonies Committed on the High Seas and Offenses Against the Laws of Nations Offenses Congress has the power to regulate Congress criminal activity committed on the high seas or committed against United States vessels. or Powers Granted to the Federal Government Government J. The Power to Declare War Congress is allowed to impose economic Congress controls that would be unconstitutional in peacetime. The Constitution makes the President Commander in Chief of the armed forces. Congress has declared war only five times; American troops have been deployed in combat operations abroad more than 100 times. times. Powers Granted to the Federal Government Government A. The Power to Raise and Support an The Army and Navy and Provide for their Regulation Regulation Congress has the authority to enact draft Congress laws, acquire land for military installations and regulations, and set up military courts. and Powers Granted to the Federal Government Government L. The Power to Organize a Militia and Call the Militia into the Service of the United States When Necessary to Execute Federal Law, Suppress Insurrections, and Repel Invasions Suppress Militia refers to the National Guard. The Militia Constitution divides control of the militia between the federal government and the states. The states are responsible for training the militia according to standards prescribed by Congress. standards Powers Granted to the Federal Government Government M. The Power to Govern the District of Columbia and all Federal Enclaves and Establishments Establishments Congress has exclusive legislative Congress control of the District of Columbia and federal installations. These include military posts, national parks, and federal buildings. posts, Powers Granted to the Federal Government Government N. The power to Enact All Laws Necessary and Proper for Carrying into Execution the Specifically Enumerated Powers the The Supreme Court ruled that Congress The had the power to establish a national bank, even though no specific language in the Constitution mentioned it; it had this power under the necessary and proper clause. under Powers the States are Forbidden to Exercise Exercise States may not: – Enter into treaties, alliances, or confederations – Coin money, emit bills of credit, or make Coin anything besides gold or silver coin legal tender in payment of debts in – Lay duties on imports or exports without the Lay consent of Congress consent – Keep troops or ships of war in times of peace – Pass bills of attainder, ex post facto laws, or Pass laws impairing the obligations of contract laws Powers the States are Forbidden to Exercise Exercise Bill of Attainder – legislative act that singles a person out for punishment without a trial. person – Legislatures cannot find citizens guilty of crimes and Legislatures impose sanctions on them. impose Ex Post Facto – after the fact. This protects the accused from being disadvantaged by subsequent changes in the law after the crime was committed. changes – Laws that: change the elements of a crime, increase the Laws punishment, or alter rules of evidence and require less evidence to convict, cannot be applied to crimes completed before they were enacted. completed Sovereign Powers Retained by the States States The powers retained by the states are called The police powers. police Tenth Amendment reads: “The powers not Tenth delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, and to the people.” respectively, James Madison’s description of the James federal/state balance of power, though accurate in 1798, is no longer accurate today. today. Sovereign Powers Retained by the States States In Printz v. United States, the Supreme Court In Printz the struck down a provision in the Brady Handgun Violence Prevention Act requiring state law enforcement officers to conduct background checks on prospective handgun purchasers until such time as the federal government could establish its own registry. The Bill of Rights The During the first session of Congress, James During Madison introduced 20 amendments. Of these, 12 were approved by Congress and 10 were ratified by the states. The first 10 amendments went into effect in November of 1791. of The first eight amendments are called the Bill The of Rights. of The Bill of Rights The First Amendment – Freedom of speech, religion, press, assembly, and Freedom petition Congress for a redress of grievances. petition Second Amendment – Right to keep and bear arms Third Amendment – Protection against involuntary quartering of soldiers in Protection private homes private Fourth Amendment – Unreasonable searches and seizures, issuance of Unreasonable warrants without probable cause warrants The Bill of Rights The Fifth Amendment – Right to be indicted by grand jury, double jeopardy, Right compulsory self-incrimination, protection against deprivation of life, liberty, or property without due process of law, just compensation when private property is taken for public use. is Sixth Amendment – Speedy trial, public trial, jury trial, confront and crossexamine prosecution witnesses, informed of nature of examine grounds of criminal accusation, assistance of counsel. grounds Seventh Amendment – Jury trial in civil cases when amount in controversy Jury exceeds $20.00 exceeds Eighth Amendment – Protection against excessive bail, excessive fines, and Protection cruel and unusual punishment. cruel The Fourteenth Amendment as a Limitation on State Power Limitation Prior to the Civil War, the American people viewed Prior the states as the watchdogs of their liberty. They feared the federal government. The fact that the Bill of Rights was addressed to the federal government only shows this. The Civil War changed this. After the Civil War, the states were seen as the aggressors and the federal government as the protector. Demand for federal protection against oppressive acts of state governments led to the passage of the fourteenth Amendment. Amendment. The Fourteenth Amendment as a Limitation on State Power Limitation Fourteenth Amendment – No State shall make or enforce any law which shall No abridge the privileges or immunities of citizens of the U.S.; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. of The Fourteenth Amendment forbids the states from The engaging in oppressive action; it does not require them to take helpful action. them Due Process of Law Due Procedural due process requires the government to use fair procedures when it makes a decision that deprives a person of life, liberty, or property. life, – This requires the government to give notice and This a hearing before depriving a person of life, liberty, or property. This is not limited to criminal proceedings. This applies whenever the government acts to take away any of the three interests mentioned in the Fourteenth Amendment. Amendment. Due Process of Law Due Substantive due process protects citizens against government conduct that arbitrarily interferes with their liberty. interferes – This deals with rights that are not mentioned in This the Constitution. Recognition has been reserved for two main categories of claims: (1) arbitrary restrictions on fundamental rights and (2) claims based on behavior of government officials so outrageous that it shocks the contemporary conscience. conscience. Due Process of Law Due Arbitrary Restrictions on Fundamental Arbitrary Rights Rights – The label of fundamental rights has been mainly The reserved for intimate life decisions about matters central to individual liberty. Right to marry, have children, direct their education and upbringing, enjoy marital privacy, practice birth control, terminate unwanted pregnancies and other similar personal and private issues. other Due Process of Law Due Conscience-Shocking Treatment by Public Conscience-Shocking Officials Officials – “It may fairly be said to shock the contemporary It conscience.” conscience.” – Coercing a motorist into having sexual Coercing intercourse by threatening arrest for drunk driving is an example. Equal Protection of the Laws Equal In 1896, the Supreme Court handed down the In Plessy v. Ferguson decision, in which it held Plessy that state-mandated racial segregation was constitutional, provided that equal facilities were available to members of both races. were Equal Protection of the Laws Equal In 1954, the Supreme Court handed down the In landmark decision of Brown v. Board of Education, iin which it announced that the Education n separate but equal doctrine no longer satisfied the Constitution in the field of public education. public The government must treat all persons who The are similarly situated alike. are Levels of Review Levels rational relationship review Statutory distinctions that do not involve Statutory race color, race color, religion national origin religion national gender The statute carries a presumption of constitutionality and will be upheld unless the challenger proves that the distinction made by the legislature is not rationally related to any legitimate government purpose. government Levels of Review Levels intermediate scrutiny Statutes that make gender-based distinctions Statutes are subject to a higher standard of review,. They do not carry a presumption of constitutionality. The government must demonstrate an exceedingly persuasive justification for treating people differently because of their gender. because Equal Protection of the Laws Equal strict scrutiny Distinctions based on race, color, religion, and Distinctions national origin are subject to the most rigorous standard of review. To justify treating people differently because of their race, color, religion, or national origin, the government must establish a compelling reason. government Governments may not grant preferential treatment to Governments racial minorities without a compelling reason. racial Adjudication of Constitutional Questions Adjudication Trial courts determine the facts, apply the law Trial to the facts, and reach verdicts. Their function is to review the trial judge’s rulings on questions of law to determine if the ruling was correct. was Constitutional issues raised by state prisoners Constitutional generally reach the Supreme Court through one of two routes: one – Direct Review – Habeas Corpus Review Adjudication of Constitutional Questions Adjudication Direct Review – Criminal prosecutions for state crimes are tried Criminal in state courts. – If the trial results in a conviction, the defendant If can petition the U. S. Supreme Court for direct review after he receives a final judgment from the highest state court available. – The appeal must involve a substantial federal The question. question. Adjudication of Constitutional Questions Adjudication Habeas Corpus Review – Constitutional errors are not always discovered Constitutional in time to seek direct review. – Federal law gives state prisoners a postconviction remedy called habeas corpus. – Obtaining release from unlawful confinement is Obtaining the goal. – Federal habeas corpus involves a collateral Federal attack on a state court judgment. attack ...
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