The Constitution: The Words We Live By

The Constitution:The Words We Live By

The Constitution: The Words We Live By

The Constitution’s Relevance to Our

Daily Lives

Constitution Day• 225 Years of Constitutional Democracy

• On Sept. 17, 1787, delegates to the Constitutional Convention in Philadelphia signed the U.S. Constitution, a written charter for a new federal government. The delegates convened in Philadelphia to develop a framework that would provide balance and freedom, taking into account federal and state interests, as well as individual human rights. Once signed, the Constitution required ratification from at least nine of the 13 states to take effect. On June 21, 1788, New Hampshire became the ninth state to ratify, and the Constitution became the law of the land.

• Constitution Day • In 2005 Congress designated September 17 as a day

"to hold educational programs for students" on the Constitution. Authorizing legislation states that all educational institutionsand federal agencies receiving federal funds will hold educational programs about the Constitution on September 17-Constitution Day. Constitution Day is a day for ALL Americans to commemorate the Constitution.

Panelists:

• Professor Jerry Foxhoven, Director, Drake University Legal Clinic

• Guy Cook,President, The Iowa State Bar Association

• The Honorable Mary Tabor,Iowa Court of Appeals

The Framework of the Constitution:

• Article I: The Legislative Branch• Congress (Senate and House of

Representatives)• They “Make” the Law

• Article II: The Executive Branch• President (and Agencies)• They “Execute” the Law

• Article III: The Judicial Branch• The Supreme Court (and Lower Courts).• They “Interpret” the Law

States’ Rights & Implementation:

The Balance of the Constitution’s Body:

• Article IV: States’ Rights as to the Federal Government & Each Other.• Articles V, VI, & VII: Implementation

of the Constitution.

Defining Individual Rights:

The BasicsThe Amendments (27): Primarily Protect the Rights of Citizens From Government Action

DO NOT Generally Define Rights of Citizens with Each Other (like law suits).

The Bill Of Rights

The First 10 Amendments: •All ratified on 12/15/1791•These Contain Our Most Basic Rights: – Free Speech, Freedom of Religion, Due

Process, Protection from Searches & Seizures, etc.

Examples of Relevance to Our Lives

• All of Us, Regardless of Race, Can Attend the Same School (Brown v. Board of Education)

• Students have a Right to Free Speech (Tinker v. DSM Ind. School Dist.)

• People are Entitled to Know their Rights(Miranda v. Arizona)

• Kids Accused of Law Violations Have Rights (In re Gault)

The Bill of Rights

• The first ten amendments to the Constitution constitute the Bill of Rights. – These amendments were designed to

protect the basic freedoms of American citizens.

– The meanings and applications of these rights have changed over time as judicial interpretations of these freedoms have changed.

The Bill of Rights

• The freedoms included in the Bill of Rights include:– Free speech– The right to the free exercise of religion– Prohibitions against unreasonable

searches and seizures– Guarantees of the due process of law– The right to privacy

Rights of the Criminally Accused

• 4th: Right against unreasonable search and seizure

• 5th: No double jeopardy, no self-incrimination

• 6th: Right to counsel• 8th: Right against cruel and unusual

punishment

Rights of the Criminally Accused

• 4th Amendment:– “The right of the people to be secure in

their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Rights of the Criminally Accused

• 5th Amendment:– “No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Rights of the Criminally Accused

• 6th Amendment:– “In all criminal prosecutions, the accused shall

enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been ascertained by law, and to be informed of the nature of the cause of the accusation; to be confronted with the witnesses again him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

Rights of the Criminally Accused

• Rules upholding Constitutional rights of the accused:– The exclusionary rule excludes

evidence obtained in violation of 4th Amendment protections against warrantless search and seizures.

– The Miranda rule ensures that arrested persons must be informed of their rights to “remain silent” and to have legal counsel.

Rights in the Constitution

• Rights in the main text of the Constitution:– Habeas corpus (Art. I, Sec. 9)– Prohibition of bills of attainder and

ex post facto laws (Art. I, Sec. 9)– Prohibition against titles of nobility

(Art. I, Sec. 9)

– Guarantee of trial by jury (Art. III)– Treason defined and limited to the

life of the person convicted (Art. III)

There were very

few explicit rights in

the Constitutio

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First Amendment and Its Five Freedoms

1. Religious Liberty2. Free Speech3. Free Press4. Assembly5. Petition the government

Coming of Age during newspaperreporting of Watergate Scandal

Woodward and Bernstein: Hollywood version

Iowa court grants students broad free-press rightsASSOCIATED PRESSWIRE REPORTThursday, November 10, 2011

IOWA CITY, Iowa — An Iowa court ruled yesterday that a school district could not discipline a newspaper adviser for allowing students to publish material that upset the administration. The decision was hailed by free-press advocates as an important victory for journalism teachers and students.

The Iowa Court of Appeals ordered the Allamakee Community School District to remove two reprimands from adviser Ben Lange’s personnel file that were issued after he let students at Waukon High School publish articles the principal claimed were offensive in two issues. The case is Lange v. Diercks and Allamakee Community School District.

One of the issues, an April Fools’ Day edition, had articles meant to be funny, including one about a biology teacher being busted for running a meth lab and cheerleaders taking steroids. The other issue featured a doctored photo that showed a baby smoking next to an article about school tobacco policy, a picture of a student wearing clothing that violated the school dress code and other material the principal questioned.

The court ruled that an Iowa law gives students greater free-speech rights than those afforded under Hazelwood School District v. Kuhlmeier, a 1988 U.S. Supreme Court decision that granted school administrators more leeway to censor student publications.

Remember: Students Have First Amendment Rights

• Tinker v. Des Moines Independent School District (1969)

• Students “don’t shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

Ask Our Panelists:

Hon. Mary Tabor

Prof. Jerry Foxhoven ISBA President Guy Cook

Know Your Constitution Program

• Quiz and Essay Contest for Iowa HS Students

• 100 Student Finalists Invited to Luncheon• 5 Students & Their Teachers – Washington

DC

Program Information To Be ReleasedOctober 1

www.iowabar.org

Further Information

• The archived webinar and PowerPoint presentation will be available on the Iowa Department of Education website at www.educateiowa.gov.

• Questions? Email [email protected].