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 Basics
The 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 selfincrimination
• 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:
There were
very few
explicit
rights in 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)
First Amendment and Its Five Freedoms
1.
2.
3.
4.
5.
Religious Liberty
Free Speech
Free Press
Assembly
Petition the government
Coming of Age
during newspaper
reporting
of Watergate
Scandal
Woodward and Bernstein: Hollywood
version
Iowa court grants students broad free-press rights
ASSOCIATED PRESS
WIRE REPORT
Thursday, 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 Released
October 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 stefanie.wager@iowa.gov.