Constitution and Civil Rights
Constitution Basics

The Constitution of the United States
was written in 1787.

It took effect in 1789.

It contains about 7,000 words – not that
long – takes about one-half hour to read.
Constitution Basics

The Constitution is a working document
– which means it can be amended or
changed today.

It gives us a framework for how our
government is organized.

It also tells us who runs our government
and how they are chosen.
Constitution Basics

The Constitution is made up of three
parts:

The Preamble

The Articles (There are 7)

The Amendments (There are 27)
Constitution Basics
The Preamble: Introduction and reasons why it was written…”We the
People…”
The Articles: There are 7, all labeled with Roman Numerals – Article I, Article II, etc…
The Amendments: Currently 27 of these, the first 10 are called Bill of Rights
Constitution Basics

The Preamble discusses why the
Constitution was written.

The reasons were (this should be
review!!!):
◦ To establish a more perfect union, establish
justice, insure domestic tranquility, provide a
common defense, promote general welfare,
secure the blessings of liberty.
Constitution Basics

The Articles divides the Constitution up
into seven parts.

Articles I through III discuss how the
legislative (Congress), executive
(President), and judicial branch (Courts)
are set up, and the “instructions” for each
branch.
Constitution Basics

Article IV discusses the states of America.

How people from one state should be
treated in another.

How the government can create more
states if needed, and that they will be
protected from invasion.
Constitution Basics

Article V talks about amendments – or
changes – to the Constitution.

YES! The Constitution can be changed.

YES! It has happened before – 27 times
to be exact.
Constitution Basics

Article VI lays the hammer down…

This article makes it clear that the
Constitution is the “law of the land”.

Every American citizen must abide by the
Constitution.
Constitution Basics

Article VII talk about how the
Constitution can be ratified – or
approved – and accepted into law.

9 of the 13 original states had to vote to
agree to the ideas and rules of the
Constitution.
Constitution Basics

The Constitution was established and
built on the ideas of six main principles.

Popular Sovereignty, Limited Government,
Separation of Powers, Checks and
Balances, Judicial Review, and Federalism.
Constitution Basics

Popular Sovereignty:

The power that the government has
comes from the people of the United
States.

We give our consent – or permission – to
the government to rule over us.
Constitution Basics

Limited Government:

Government must also obey the laws of
the land.

No one is above the law, not even
government officials like a President.
Constitution Basics

Separation of Powers:

Constitution distributes power among
three branches.

Legislative makes laws, executive makes
sure laws are being enforced, and judicial
makes sure laws are fair.
Constitution Basics

Checks and Balances:

Each branch has restraints on their power,
and the restraints come from the other
branches.

Examples are – Congress can make laws,
but President can veto – or reject – a law.
Constitution Basics

In turn, Congress can override a veto
with a 2/3 majority vote from House of
Reps. And Senate.

President in commander-in-chief of
military, but only Congress can declare
war.

President names Supreme Court judges,
but the Senate must vote to approve
them.
Constitution Basics

Congress can impeach – or vote to
remove a President from office.

Judicial branch can declare laws
“unconstitutional” or say they are unfair.

These checks and balances force the
government to compromise.
Constitution Basics

Judicial Review: Courts can determine
acts of government unlawful or illegal.

Federalism: National government hold
certain power, and state governments
hold certain power.

Dividing power this way prevents abuse.
Constitution Basics

summary
The Amendments

The United States Constitution has been
around for 200 years – longer than any
other country’s constitution.

In 1789 when it went into effect, there
were 4 million Americans, and 13 states.

People traveled by horseback and sailing
ships.
The Amendments

Now there are over 300 million
Americans and 50 states.

The U.S. is the most powerful country in
the world, and our standard of living is
envied by the rest of the planet.

Like the country – the Constitution has
changed.
The Amendments

Article V of the Constitution discusses
amendments and lists a variety of ways
they can be added to the Constitution.

The most common method is that an
amendment is proposed by 2/3 vote in
Congress (HR and Senate), and ratified by
3/4 of the states.
The Amendments
•
Amendments show true examples of how
Popular Sovereignty and Federalism are
part of the Constitution.
•
Popular Sovereignty is shown because
amendments are the will of the people.
•
Federalism is shown because amendments
are proposed at a national level and
ratified at a state level.
The Amendments

There have been over 15,000 proposed
amendments since 1789.

Only 33 of these have made it through
Congress and have been passed to the
states.

Only 27 of the 33 have been ratified by
the states.
The Amendments

The first 10 amendments are called the
Bill of Rights – they protect our freedom
of expression and give us fair and equal
treatment under the law.

Most other amendments come from a
particular event or situation.
The Amendments
•
BOR quick run down:
•
1. Gives people the right to freedom of
religion, speech and assembly.
•
2. Gives people right to own guns.
•
3. Military cannot force citizens to give
them room and board.
The Amendments

4. Government cannot seize property
without warrant or probable cause.

5. Do not have to testify against yourself,
cannot be tried for the same crime twice.

6. Right to fair trial and access to a
lawyer.
The Amendments
•
7. Guarantees a jury trial in federal civil
cases.
•
8. Punishments for crimes must be fair and
not excessively cruel.
•
9. People have more rights than those listed
in the Constitution.
•
10. States have all power not given to
federal government in Constitution.
The Amendments
•
Thanks to the 14th Amendment, states
cannot deny the BOR to anyone.
•
14th Amendment is also called the Due
Process Clause, which protects all rights
that are basic and essential.
•
Supreme Court has ruled that the BOR
are all basic and essential.
The Amendments
•
The 13th Amendment banned slavery and
passed in 1865, after the Civil War.
•
The 18th Amendment prohibited alcohol as
an “experiment” to improve the quality of
life in America.
•
The experiment failed – it led to an
outbreak of organized crime.
•
14 years later, the 21st Amendment passed
repealing the 18th Amendment.
The Amendments
•
The 22nd Amendment limited the number of
terms a president can serve to two (8 years).
•
Republicans pushed for this amendment after
Franklin D. Roosevelt held the presidency for 16
years (4 terms.)
•
The 26th Amendment lowered the voting age to
18.
•
This passed in 1971 during the Vietnam conflict.
The Amendments

summary
Federalism: A Power Divided
•
The writers of the Constitution faced
difficult questions.
•
On one hand they knew that the American
Revolution was fought against an
overpowering central government.
•
On the other hand, they knew that the
Articles of Confederation which gave local
states too much power was too weak.
Federalism: A Power Divided
•
The writers knew that they had to
balance the powers of government some
way.
•
This led them to the idea of Federalism.
•
The Constitution divides power between
the national government, and the state
governments. Each level of government
has its own laws and regulations.
Federalism: A Power Divided
•
For example, the states determine their
own laws when it comes to the death
penalty.
•
In 48 states gas stations are self-service,
but in New Jersey and Oregon motorists
cannot pump their own gas.
•
Oregon and Washington have legal
physician assisted suicide laws.
Federalism: A Power Divided
•
Many times the national government
looks at the state governments as
“experimental places”.
•
If a state passes a certain law, and it works
– it may become a national law later.
•
If there is a natural disaster, the national
government helps the states.
Federalism: A Power Divided

The Constitution gives distinct types of
powers to the National Government.

Those powers are expressed and implied.

Expressed power means powers that are
listed in the Constitution word for word.
Federalism: A Power Divided
•
Examples of expressed powers of the
National Government are: tax, create
money, declare war.
•
Implied powers are not mentioned word
for word, but are suggested in Article I,
Section 8.
•
Article I, Section 8 called the “Elastic
Clause” discusses this in the Constitution.
Federalism: A Power Divided

“Congress has the power to make all
Laws which shall be necessary and proper
for carrying into execution the foregoing
powers and all other powers vested by
this Constitution…”

The “Elastic Clause” gives Congress the
power to adapt their power to different
situations.
Federalism: A Power Divided
•
The Constitution also gives reserved powers to
the States.
•
Reserved power are those powers that the
Constitution does not give to the National
Government.
•
States can create public schools, ban the sale of
pornography, forbid persons under 18 from
getting married, require licenses for hairdressers,
lawyers, and plumbers, etc.
Federalism: A Power Divided

In case there arose an argument over
who – the National or the State
Government – has the power for a
certain situation the writers of the
Constitution created the Supremacy
Clause.

Article VI, Section 2 says the Constitution
takes precedence over all forms of state
law.
Federalism: A Power Divided

summary
Missouri Constitution
•
Brief history of Missouri: mound builder
Indians inhabited the region before
Europeans came.
•
French got here first – sold it to U.S. as
part of Louisiana Purchase in 1803.
•
Missouri Territory created by U.S.
Congress in 1812 – population 20,000.
Missouri Constitution
•
Missouri petitioned for state hood in 1818 –
started a debate as to whether it should be
a slave state or non-slave state.
•
Missouri Compromise in 1820 – Missouri
added as a slave state, Maine added as a nonslave state.
•
24th State of the union – Jefferson City
named capital in 1826.
Missouri Constitution
•
During Civil War – Missouri voted to stay
part of the union even though most people
agreed with Confederacy.
•
Grew in the 20th century – soy beans and
corn major crops. Manufacturing in WWI
and WWII.
•
Now, 5.7 million population, ranks 18th in
U.S. behind Tennessee and ahead of
Maryland. Largest city is Kansas City.
Missouri Constitution
•
Missouri has had four state constitutions –
first was made in 1820 when it became a
state.
•
In 1865 after Civil War second constitution
made, third in 1875 after Supreme Court
ruled that 1865 constitution violated the U.S.
Constitution.
•
Fourth created in 1945 – this is the current
state constitution today.
Missouri Constitution
•
Just like U.S. – constitution created three
branches of government – legislative,
executive and judicial.
•
Missouri’s Constitution has a Bill of Rights
like the U.S. Constitution.
•
Also has a preamble that gives all of the
power to the people.
Missouri Constitution
•
“We the people of Missouri, with profound
reverence for the Supreme Ruler of the
Universe, and grateful for His goodness, do
establish this Constitution for the better
government of the state.”
•
There are 13 Articles after the preamble –
Article 1 contains the Bill of Rights –
different than the U.S. Constitution….and
there are 32 of them compared to 10 to the
U.S.
Missouri Constitution
•
Missouri’s legislative branch makes laws –
and it is called the General Assembly.
•
It is bicameral (two houses) just like U.S. –
called the Senate and the House of
Representatives.
•
There are 34 senators and 163
representatives – each come from districts.
Your senator is Ryan McKenna and your
representatives are either Jeff Roorda
(Imperial) or TJ McKenna (Barnhart).
Missouri Constitution
•
Qualifications to be a state senator – 30
years old, 3 year resident – serve 4 years,
and salary is $31,151.
•
For representative is 24 years old, 3 year
resident, serve 2 years, and salary is $31,
151.
•
General Assembly meets yearly in
Jefferson City.
Missouri Constitution
•
The executive branch of Missouri is headed
by the Governor – Jay Nixon. (Head of U.S.
Executive Branch is President.)
•
Governors must be 30 years old, a U.S.
citizen for 15 years (10 years in Missouri),
serve 4 years, and make $120,087.
•
Lieutenant Governor is like Vice President –
serves 4 years, makes $77, 184.
Missouri Constitution
•
The Missouri Judicial Branch is headed by
the Missouri Supreme Court.
•
7 justices, all picked by the Governor and
approved by the General Assembly.
•
Justices serve 12 year terms, and act as
the highest court in Missouri – only U.S.
Supreme Court is higher.
Missouri Constitution
•
As with the rest of the U.S., to vote in
Missouri you must be 18 years old, and a
resident of your district for at least 30 days.
•
Latest time to register is 21 days before the
election.
•
Cannot be incompetent, in jail, or
incapacitated to vote. You have the right to
vote – cannot be arrested on election day –
unless serious.
Missouri Constitution
Missouri Constitution
Due Process of Law
•
Why is due process of law important to a
free society?
•
Did you know that DNA evidence
obtained through medical technology has
reversed over 200 cases recently?
•
Those are innocent people who have
been in prison for crimes they did not
commit.
Due Process of Law
•
The Constitution has two due process
clauses – the 5th and 14th Amendments.
•
5th Amendment says that the government
cannot deprive life, liberty, or property
without due process of the law.
•
14th Amendment says that states must do
the same.
Due Process of Law

Due process of the law means that
government must act fairly and within the
rules.

This also means that laws must be fair as
well.

Here is an example of due process of law
in action:
Due Process of Law
•
Rochin v. California 1952.
•
Rochin was a suspected drug dealer – police
got a tip about where he was – police
busted into his apartment – Rochin grabbed
drugs and swallowed them – police had his
stomach pumped – he was convicted.
•
However, Supreme Court said “not so fast!”
Due Process of Law
•
Judges ruled that police violated Rochin’s
rights by busting into his apartment and
forcing his stomach to be pumped.
•
Due process of the law kept Rochin free
from conviction.
•
Speaking of police – each state’s police
power plays an important role in due
process.
Due Process of Law
•
Police power is designed to protect and
promote safety in society.
•
The use of police power is often
controversial causing the courts to
determine the balance between the good of
society, and an individual’s rights.
•
One of the most common battles is over
drunk driving.
Due Process of Law
•
Each state has its own drunk driving tests
– walking, breathalyzers, etc.
•
Question is raised – is it a violation of
individual rights to force someone to take
a drunk driving test?
•
Usually the courts side with the police
because the safety of society is at risk.
Due Process of Law
•
Famous case – Schmerber vs. California
where courts sided with police when they
ordered a doctor to draw suspects blood.
•
Due process of law also is related to
people’s right to privacy.
•
Right to privacy is someone’s right to be
let alone.
Due Process of Law

The most compelling right to privacy
issue is abortion – a woman’s rights to
terminate a pregnancy.

In Roe vs. Wade in 1973 – the Supreme
Court ruled that a Texas law, making
abortion a crime was unconstitutional.
Due Process of Law
•
They ruled this way because they believed
it violated a woman’s due process of the
law.
•
Since the ruling there has been numerous
challenges to abortion.
•
Anti-abortion supporters have won some
minor battles recently placing serious
regulations of getting abortions.
Due Process of Law

summary
Freedom and Security

How does the Constitution protect your
freedom and provide you security?

The Constitution is a rule book for
government – but also says what the
government cannot do to you.

It lists freedoms and securities that you
have.
Freedom and Security
•
The 13th Amendment ends slavery in the
U.S. – but also ends involuntary servitude.
•
You cannot be forced to work to pay off a
contract or debt that has already been
given.
•
This does not protect citizens from duty
in the military, or convicted criminals
from doing work in prison.
Freedom and Security
•
However, even after the 13th Amendment,
people were still allowed to practice
private discrimination.
•
This did not end until the Civil Rights
movement in the 1960s.
•
Jones vs. Mayer 1968 – Courts ruled that
private discrimination is illegal as well.
Freedom and Security
•
The 2nd Amendment gives citizens the right
to bear arms – allows for the citizen soldier.
•
This amendment has limits too – U.S. vs.
Miller 1939 – weapons cannot be shipped
across state lines without a license.
•
Felons and mentally ill cannot have weapons
– or near schools or government buildings.
Freedom and Security
•
3rd and 4th Amendments also provide
securities – government cannot violate
your home without just cause.
•
3rd Amendment prohibits military forcing
you to provide room and board.
•
British troops used this often in the
Colonies – hasn’t been challenged since
1791.
Freedom and Security
•
4th Amendment developed after British
commonly searched homes for smuggled
goods.
•
Now, probable cause or a warrant is
needed for a search.
•
Example – Florida vs. J.L. 2000 – police get
a tip about a man with a concealed
weapon.
Freedom and Security
•
They find him at a bus stop and search
him – they find a gun – they arrest him.
•
This is illegal – no probable cause or
warrant.
•
However, Courts have allowed for arrests
“in plain view” – man bagging cocaine in
home – police see him through an open
window – legal arrest.
Freedom and Security
•
Courts have also supported roadblocks –
Lidster vs. Illinois 2004 – man arrested for
drunk driving at roadblock stop – no
probable cause or warrant needed to stop
his car.
•
Arrests are considered seizure of a person –
but no warrant is needed for an arrest.
•
Illinois vs. Wardlow – man arrested after
running from police car – probable cause.
Freedom and Security
•
When it comes to cars, trucks, planes and
boats, they are considered moveable
crime scenes – no warrant needed.
•
Police can search but need to prove
probable cause later in trial.
•
Since 1991 police can search all parts of
cars – including locked glove
compartments.
Freedom and Security

Police can also determine probable cause
from a police dog’s reaction.

However – they cannot search you
without probable cause or a warrant.

Obtaining evidence correctly is important
because of the Exclusionary Rule.
Freedom and Security
•
This rule states that evidence obtained
illegally cannot be used in trial – police
must obey rules and laws themselves.
•
Critics to the rule claim it allows
criminals to walk free over a technicality.
•
To prevent this, Courts have narrowed
the Exclusionary Rule.
Freedom and Security

Drug tests and screenings are allowed –
no warrant, no probable cause.

Trend is for school districts to use this on
all athletes and extracurricular activities.

Patriot Act of 2001 has also given
authorities more freedom in investigating.
Freedom and Security
•
Patriot Act was created to combat
terrorism activity in U.S.
•
Federal agents – with a warrant – can
search property without owner knowing
– take photographs, and notes.
•
Wiretapping or bugging has also been a
controversial issue.
Freedom and Security
•
Wiretapping for a long time was allowed
because it was not considered searching
property.
•
However, Katz vs. U.S. 1967 changed that –
man made calls about illegal gambling from
public phone booth that was bugged.
•
Court ruled it should have been private – so
now warrants are needed to wiretap.
Freedom and Security

summary
Punishment

The Constitution sets limits on
punishments for a crime.

The 8th Amendment in the Constitution
prohibits cruel and unusual
punishment for citizens.

citizens are protected from “all barbaric
tortures, such as burning at the stake,
crucifixion, drawing and quartering”.
Punishment

What is not considered cruel and
unusual?

Two prisoners in a cell designed for one –
ok.

Death penalty is ok – most controversial.
Punishment

Executing prisoners is called “Capital
Punishment” – today the Federal
Government allows it, and 35 states allow
it.

Capital Punishment can only be a
sentence if the victim of the crime died.
Punishment

There are two stages for all Capital
Punishment cases.

1. Regular trial to determine if the
accused is guilty of the crime.

2. After accused is found guilty, jury
listens to arguments for and against death
penalty.
Punishment
•
Restrictions against the death penalty
include that no mentally challenged
person may be executed.
•
No one under 18 years of age may be
executed.
•
Capital Punishment very controversial –
over 125 prisoners released from death
row because they were innocent in last
30 years.
Punishment

What is treason?

Treason is a major crime against the
United States – can only be charged when
U.S. is at war.

Levying war against the U.S. – or aiding
enemies against the U.S.
Punishment

Treason law applies to all U.S. citizens –
home and abroad.

If U.S. is not at war and someone spies or
helps spies against the U.S. it is not
treason – considered espionage or
sabotage.

The punishment for treason is death
penalty.
Punishment

summary
Diversity and Discrimination

The Constitution guarantees equal rights
for all citizens under the law.

However, that interpretation has changed
over time.

America was built on the concept of
freedom – “all men are created equal”.
Diversity and Discrimination

Ironically, over 400 slaves worked on the
construction of the capitol building.

The Equal Protection Clause –
government cannot discriminate
unreasonably.

Example: Government can tax smoking
products, but government cannot tax
blonde smokers.
Diversity and Discrimination

Supreme Court makes all rulings on equal
protection using the rational basis test.

Does the law in question achieve a
reasonable governmental purpose?

If yes, than the Court will defend the law
and allow it.
Diversity and Discrimination

Example: Alabama law allowed women to
receive alimony payments after divorce,
but not men.

Rational basis test – does this achieve a
reasonable governmental purpose?

No – no reason to discriminate between
men and women in this case –
unconstitutional.
Diversity and Discrimination

Segregation by race – the separation of
one race from another.

After the Civil War, former slaves were
free – many states made segregation laws.

These were called Jim Crow laws –
prevented blacks from having equal access
to public facilities.
Diversity and Discrimination
•
These included, schools, parks, cemeteries,
restaurants, railroads, buses.
•
Jim Crow laws were challenged in Court by
Plessy vs. Ferguson – black man forced to sit
in different rail car.
•
The Supreme Court ruled that “separate but
equal” is allowed – as long as facilities are
equal.
Diversity and Discrimination

Problem with that – what does “equal”
mean?

Separate but equal was the law for 60
years in the U.S. – allowed segregation.

Finally in 1954, another court case –
Brown vs. Board of Education overruled
Plessy vs. Ferguson – ended segregation in
public schools.
Diversity and Discrimination

However, progress from Brown vs. Board
of Education was slow – especially in
south.

It was not until the Civil Rights Movement
of the 1960s that sped things up.

Civil Rights Act of 1964 – cut off federal
money to any state with segregation.
Diversity and Discrimination

This forced all states to shape up – or
become economically damaged.

However, even though segregation by law
is illegal, de facto segregation still exists.

De facto segregation is natural, society
driven segregation.
Diversity and Discrimination

Schools are still segregated in areas
because housing patterns are segregated.

Contrast percentage of black students
here, with percentage of black students in
St. Louis City schools.

De facto segregation – not a law, happens
naturally.
Diversity and Discrimination

Classification by gender – women have
also struggled for equal protection
through history.

1920 women were given right to vote –
other laws struck down other gender
segregation.

Gender classification still exists by law in
some parts – female security guards at
male prisons.
Diversity and Discrimination

summary