United States Constitution
Supreme law of United States
Took effect in 1789
Durable: 1) open-ended;
2) purposeful ambiguities
Results
Rule Interpretation:
1. Precedents
2. Actual text of Constitution
3. Assumed intent
(discretion limited)
BRANCHES OF GOVERNMENT
Article 1: Legislative Power
1.
2.
3.
4.
5.
6.
House
Senate
Manner of Election
Qualifications of Members
Legislative Procedure (outline)
Indicates power & establishes limits on
Federal and state legislative powers
Powers of Congress
1.
2.
3.
4.
Regulate Commerce
Declare war
Raise an army
Make laws --elastic clause gives Congress the
power to make “all laws necessary
and proper for carrying into
execution the foregoing powers.”
Article 2: Executive Powers
1.
2.
3.
4.
President/Commander-in-Chief
Procedures for selection
Qualifications for office
Oath
Executive Powers (cont)
5. Powers & Duties
6. List of succession
7. Impeachment & removal processes
Executive Powers
1. Appoint Federal officers (removal?)
2. Sign laws
“he shall take care that laws be faithfully
executed”
Article 3: Judicial Power
1. Outlines Court System including Supreme
Court
2. Congress can create lower courts
reviewable to Supreme Court
3. Requires trials by jury for all criminal
cases
4. Defines treason (Congress administers
punishment)
• Specifies that certain cases the Supreme
Court has original jurisdiction and for
others it has appellate jurisdiction
Remaining Original Articles
• Article 4 dealt with intergovernmental
relations and federalism.
• Article 5 provided an amendment
mechanism so the Constitution could be
updated to meet future needs and changes.
• Article 6 announced the supremacy of the
Constitution and requirements for
ratification
The Bill of Rights
• Idea of anti-federalists
• Anti-federalists v. Hamilton
First Amendment
• “Congress shall make no law…abridging
the freedom of speech.”
--Schenck v. United States—restrictions
against obscenities, fighting words and other
controversial forms
• Symbolic gestures?
First Amendment (cont)
• Freedom of the press
1. not absolute (example: libel)
2. Reporter/source confidentiality?
Branzburg v. Hayes
3. Prior Restraint
First Amendment (cont)
•
Freedom of Religion
Not absolute (example: polygamy)
Vast amounts of case law
Second Amendment
“A well regulated Militia, being necessary to
the security of a free state, the right of the
people to keep and bear Arms, shall nto be
infringed.”
Third Amendment
• Provides that no soldier shall be quartered
in any house in peacetime without the
owner’s consent
• Collective right v. Unlimited right
• Objection to England’s general warrants and
writs of assistance
Fourth Amendment
1. Prohibits “unreasonable searches and
seizures”
2. Warrants must “particularly describe
the place to be search and the person
or things to be seized.” – probable
cause
Fourth Amendment (cont)
Changes in world and application:
1. Patriot Act,
2. Electronic surveillance,
3. Cell phones,
4. E-mail?
Fifth Amendment
1. Prohibits double jeopardy, protection
against compulsory self-incrimination
2. Does not outline due process though
3. Says private property shall not be take for
public use without just compensation
Remaining Amendments
• Sixth/Seventh Amendments: provides
for a speedy trial by an impartial jury
and the assistance of counsel
• Eighth Amendment: prohibits
excessive bail and excessive fines and
prohibits cruel and unusual
punishments
Remaining Amendments
• Ninth Amendment: “the enumeration
in the Constitution of certain rights
shall not be construed to deny or
disparage others retained by the
people.”
• Tenth & Fourteenth Amendments:
Addresses federalism and state rights
Summary
• The Constitution grants powers to a
government and limits those powers by
specifying that individuals will retain
certain rights.
• Language most imprecise
• Constitution more than 200 years old—
living document
• New frontier and possible effects