Constitutional rights

Constitutional rights

Chapter 2Constitutional rightsOur nations framing documentsDeclaration of IndependenceAdopted on July 4, 1776Declared independence from Great BritainAmerican War of Independence lasted 8 years

Declaration of independenceFun FactsWritten by Thomas Jefferson in less than 3 weeksJefferson Was Upset that Slavery was Edited outJefferson died July 4, 1826 exactly 50 years after it was adoptedThe Sole Recanter: Richard StocktonCaptured by British during Revolution; under duress of harsh British confinement, Stockton recanted his signature on the Declaration and declared his allegiance to the King George III before he was releasedBargain Hunter Bought an Old Copy of the Declaration of Independence for $4, Sold It For Millions!Found in 1989 under an old painting; was one of 200 official copies from the 1st printing; sold for $8.14 millionArticles of ConfederationThe 13 sovereign states united loosely in 1781 under a charter called the Articles of Confederation.

DelawarePennsylvaniaNew JerseyGeorgiaConnecticutMassachusettsMarylandSouth CarolinaNew HampshireVirginiaNew YorkNorth CarolinaRhode Island

U.S. ConstitutionWas drafted in the summer of 1787Provided a workable framework for a federal government of the people, by the people, and for the people.Was declared effective and binding by Congress on March 4, 17899 of 13 states ratifiedRemaining 4 concerned with human rightsThe bill of rightsThe first ten amendments to the U.S. ConstitutionEnacted as a shield against the possible violation of specified human rights

U.S. BILL OF RIGHTS: AMENDMENT IFreedom of ReligionFreedom of SpeechFreedom to Assemble Peacefully

Texas v. johnson (1989)In a political demonstration during the Republican National Convention in Texas, protesting the policies of the Reagan Administration and of certain corporations based in Dallas, Gregory Lee Johnson doused an American flag with kerosene and set it on fire. No one was hurt or threatened with injury, but some witnesses said they were seriously offended, and Johnson was charged and convicted with the desecration of a venerated object, in violation of the Texas Penal Code. In a split decision, the Supreme Court determined that Johnsons actions were symbolic speech protected by his First Amendment Rights. U.S. BILL OF RIGHTS: AMENDMENT IIA well regulated MilitiaRight to Keep and Bear ArmsU.S. BILL OF RIGHTS: AMENDMENT IIINo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.U.S. BILL OF RIGHTS: AMENDMENT IVSecurity in person and property against Unreasonable Searches and SeizuresCalifornia v. greenwood (1987)Local police suspected Billy Greenwood was dealing drugs from his residence. Because the police did not have enough evidence for a warrant to search his home, they searched the garbage bags Greenwood had left at the curb for pickup. The police uncovered evidence of drug use, which was then used to obtain a warrant to search the house. That search turned up illegal substances, and Greenwood was arrested on felony charges.Did that violate the 4th Amendment?Voting 6 to 2, the Court held that garbage placed at the curbside is unprotected by the Fourth Amendment. The Court argued that there was no reasonable expectation of privacy for trash on public streets "readily accessible to animals, children, scavengers, snoops, and other members of the public."U.S. BILL OF RIGHTS: AMENDMENT VRight to Remain Silent if Accused of a CrimeRight to Not be Tried for the Same Crime TwiceRight to Fair Compensation for Private Property Taken by the Government for a Public PurposeProtection from Taking of Life, Liberty, or Property without Due Process of LawMiranda v. arizona (1966)Ernesto Miranda was arrested after a crime victim identified him, but police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination. While he confessed to the crime, his attorney later argued that his confession should have been excluded from trial. The Supreme Court agreed, deciding that the police had not taken proper steps to inform Miranda of his rights. U.S. BILL OF RIGHTS: AMENDMENT VIRight to enjoy a Speedy and Public Trial by an Impartial JuryRight to a Defense Counsel in a TrialRight to Confront Witnesses Against OneselfConstitution supreme law of the land

Gideon v. wainwright (1963)In June 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, FL. Police arrested Clarence Earl Gideon after he was found nearby with a pint of wine and some change in his pockets. Gideon, who could not afford a lawyer, asked a Florida Circuit Court judge to appoint one for him arguing that the Sixth Amendment entitles everyone to a lawyer. The judge denied his request and Gideon was left to represent himself. He did a poor job of defending himself and was found guilty of breaking and entering and petty larceny. While serving his sentence in a Florida state prison, Gideon began studying law, which reaffirmed his belief his rights were violated when the Florida Circuit Court refused his request for counsel. From his prison cell, he handwrote a petition asking the U.S. Supreme Court to hear his case and it agreed. The Court unanimously ruled in Gideons favor, stating that the Sixth Amendment requires state courts to provide attorneys for criminal defendants who cannot otherwise afford counsel.U.S. BILL OF RIGHTS: AMENDMENT VIIIn Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

JuryU.S. BILL OF RIGHTS: AMENDMENT VIIIProtection from Cruel or Unusual Punishment if Convicted of a CrimeRoper v. simmons (2005)Matthew Simmons was sentenced to death for the murder of a woman when he was seventeen years of age. In the 1988 case Thompson v. Oklahoma, the Supreme Court ruled that executing persons for crimes committed at age fifteen or younger constitutes cruel and unusual punishment in violation of the Eighth Amendment. Roper argued that "evolving standards of decency" prevented the execution of an individual for crimes committed before the age of eighteen. A majority of the Supreme Court agreed with Roper, and held that to execute him for his crime would violate the Eighth Amendment.U.S. BILL OF RIGHTS: AMENDMENT IXThe enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Gives power to the peopleU.S. BILL OF RIGHTS: AMENDMENT XSovereignty of all the states to govern their own citizens within their own borders

Power to the stateMORE CONSTITUTIONAL AMENDMENTSAbolishing slavery 13th AmendmentAfrican Americans right to vote 15th AmendmentIntentionally excluded genderWomen vote 50 years later - 19th AmendmentChange voting age to 18 26th AmendmentOUR SYSTEM OF CHECKS AND BALANCESBranches of governmentsLegislative branchExecutive branchJudicial branchChanging the ConstitutionOur form of governmentUnited states v. nixon (1974)A congressional hearing about President Nixons Watergate break-in scandal revealed that he had installed a tape-recording device in the Oval Office. The special prosecutor in charge of the case wanted access to these taped discussions to help prove that President Nixon and his aides had abused their power and broken the law. President Nixons incomplete compliance with the special prosecutor's demands was challenged and eventually taken to the Supreme Court of the United States. The Court decided that executive privilege is not limitless, and the tapes were released. LEGISLATIVE BRANCHSenate2 members from every state, regardless of populations (100)Six-year termsPower to try all impeachment casesHouse of RepresentativesSeats allocated to the states in proportion to their population (435)2-year termsPower to initiate impeachmentCHAPTER 31/20/201625EXECUTIVE BRANCHPresident and Vice PresidentElections Regulated by a Combination of Federal and State LawsEach State is allocated a number of Electoral College Electors (total 538)

CHAPTER 31/20/201626JUDICIAL BRANCHSupreme CourtPrimarily an appellate courtDecides on constitutionality of statutes1 Chief Justice; 8 Associate JusticesNominated by the President; confirmed by the SenateLife TenureCHAPTER 31/20/201627