The Constitution
&
Law
Our Complex System of Laws
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What is the Form of the law – written
or unwritten common law
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What is the Source of the law –
constitutional, statutory, case
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Who are the Parties involved – public,
private
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What Offense does the law cover–
criminal, civil
Types of Law
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Social or Moral Law- “mala in se”, acts
that are wrong in themselves.
Precedent
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Common Law- The system of laws
originated and developed in England and
based on court decisions, on the doctrines
implicit in those decisions, and on customs
and usages rather than on codified written
laws.
Case Law- Law based on judicial decision
and precedent rather than on statutes.
Types of Law
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Statutory Law- 'mala prohibita”, wrong
because it is prohibited.
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Constitutional Law
Ordinary Law
Federal
 State
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Ordinances
Order of Authority of Law
U.S. Constitution- Supreme Law of
the Land
Treaties with Foreign Powers
Acts of Congress-
Federal Statutes passed by
legislature.
State Constitutions
State Statutes
Common Law/Case Law
Ordinances
The Constitution
SUPREMACY OF THE NATIONAL GOVERNMENT
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Article IV Section 2
This Constitution, and the Laws of the United
States which shall be made in Pursuance
thereof; and all Treaties made, or which shall
be made, under the Authority of the United
States, shall be the supreme Law of the
Land; and the Judges in every State shall be
bound thereby, any Thing in the Constitution
or Laws of any State to the Contrary
notwithstanding.
The Constitution
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May 25, 1787
The Constitutional Convention opens
June 21, 1788
The Constitution becomes effective
June 8, 1789
James Madison introduces the proposed Bill of Rights
September 25, 1789
Congress approves 12 amendments and sends them to the states
for ratification.
December 15, 1791
10 of the 12 proposed amendments become part of the U.S.
Constitution.
The Constitution
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The U.S. Constitution has only 4,400
words.
Over one hundred countries around the
world have used it as a model for their
own.
It is a living document.
It is one of the world's oldest surviving
and shortest written Constitutions
The Constitution
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Since 1952 it has been stored in the National
Archives Building in Washington, D.C. During the
daytime, pages one and four of the document
are displayed in a bullet-proof case. The case
contains helium and water vapor to preserve the
paper’s quality. At night, the pages are lowered
into a vault, behind five-ton doors that are
designed to withstand a nuclear explosion. The
entire Constitution is displayed only one day a
year—September 17, the anniversary of the day
the framers signed the document.
The Constitution
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Contains seven (7) Articles.
Article I-THE LEGISLATIVE BRANCH
Article II- THE EXECUTIVE BRANCH
Article III- THE JUDICIAL BRANCH
Article IV- RELATION OF THE STATES TO EACH
OTHER
Article V- AMENDING THE CONSTITUTION
Article VI- NATIONAL DEBTS
Article VII- RATIFYING THE CONSTITUTION
Bill of Rights
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Ratified effective December 15, 1791.
First 10 Amendments to the U.S.
Constitution.
Initially 12 Amendments proposed.
Made applicable to the states July 9, 1868
with the passage of the 14th Amendment.
Bill of Rights
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Amendment I:
Amendment II:
Amendment III:
Amendment IV:
Amendment V:
Amendment VI:
Amendment VII:
Amendment VIII:
Amendment IX:
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II:
Amendment III:
Amendment IV:
Amendment V:
Amendment VI:
Amendment VII:
Amendment VIII:
Amendment IX:
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II: Right to bear arms
Amendment III:
Amendment IV:
Amendment V:
Amendment VI:
Amendment VII:
Amendment VIII:
Amendment IX:
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II: Right to bear arms
Amendment III: Housing of soldiers
Amendment IV:
Amendment V:
Amendment VI:
Amendment VII:
Amendment VIII:
Amendment IX:
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II: Right to bear arms
Amendment III: Housing of soldiers
Amendment IV: Search and arrest warrants
Amendment V:
Amendment VI:
Amendment VII:
Amendment VIII:
Amendment IX:
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II: Right to bear arms
Amendment III: Housing of soldiers
Amendment IV: Search and arrest warrants
Amendment V: Rights in criminal cases
Amendment VI:
Amendment VII:
Amendment VIII:
Amendment IX:
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II: Right to bear arms
Amendment III: Housing of soldiers
Amendment IV: Search and arrest warrants
Amendment V: Rights in criminal cases
Amendment VI: Rights to a fair trial
Amendment VII:
Amendment VIII:
Amendment IX:
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II: Right to bear arms
Amendment III: Housing of soldiers
Amendment IV: Search and arrest warrants
Amendment V: Rights in criminal cases
Amendment VI: Rights to a fair trial
Amendment VII: Rights in civil cases
Amendment VIII:
Amendment IX:
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II: Right to bear arms
Amendment III: Housing of soldiers
Amendment IV: Search and arrest warrants
Amendment V: Rights in criminal cases
Amendment VI: Rights to a fair trial
Amendment VII: Rights in civil cases
Amendment VIII: Bails, fines, and punishments
Amendment IX:
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II: Right to bear arms
Amendment III: Housing of soldiers
Amendment IV: Search and arrest warrants
Amendment V: Rights in criminal cases
Amendment VI: Rights to a fair trial
Amendment VII: Rights in civil cases
Amendment VIII: Bails, fines, and punishments
Amendment IX: Rights retained by the people
Amendment X:
Bill of Rights
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Amendment I: Freedom of religion, speech, and the press;
rights of assembly and petition
Amendment II: Right to bear arms
Amendment III: Housing of soldiers
Amendment IV: Search and arrest warrants
Amendment V: Rights in criminal cases
Amendment VI: Rights to a fair trial
Amendment VII: Rights in civil cases
Amendment VIII: Bails, fines, and punishments
Amendment IX: Rights retained by the people
Amendment X: Powers retained by the states and the people
The First Amendment
What are the five rights guaranteed by the
First Amendment?
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Freedom
Freedom
Freedom
Freedom
Freedom
of _______
of _______
of the ____
of _________________
to _______
The First Amendment
“Congress shall make no law
respecting an
establishment of religion,
or prohibiting the free
exercise thereof; or
abridging the freedom of
speech, or of the press;
or the right of the people
peaceably to assemble,
and to petition the
Government for a redress
of grievances.”
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Freedom of religion
Freedom of speech
Freedom of the press
Freedom of peaceful
assembly
Freedom to petition
The Second Amendment
“A well regulated
_______, being
necessary to the
security of a free
State, the right of
the ______ to keep
and bear Arms,
shall not be
infringed.”
The 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 not be
infringed.”
English Bill of
Rights
Third Amendment
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No 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.
The Fourth Amendment
“The right of the people to
be secure in their
persons, houses, papers,
and effects, against
unreasonable searches
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.”
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Requires ____(1)____
_____
Forbids
UN___(2)________
search and seizure
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(1) Probable Cause- “…whether facts and
circumstances are sufficient to warrant a
prudent person to believe…
(2) Reasonable- in law, just, rational,
appropriate, ordinary or usual in the
circumstances
The Fifth 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.”
The Fifth Amendment
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Guarantees:
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___ _______: substantive & procedural
Prohibits:
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______ ________
____-_____________
The Fifth Amendment
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Guarantees:
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Due process: substantive & procedural
Prohibits:
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Double jeopardy
Self-incrimination
The Sixth 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 previously
ascertained by law, and to be informed of the
nature and cause of the accusation; to be
confronted with the witnesses against him; to
have compulsory process for obtaining witnesses
in his favor, and to have the Assistance of
Counsel for his defence.”
The Sixth Amendment
Establishes requirements for criminal trials:
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A ______ public trial by an impartial jury of
one’s peers
Be informed of the ______ and _____ of the
accusation
Be confronted with and able to cross-examine
_________ against one’s self
Subpoena witnesses in one’s defense
Be represented by _____ ________
The Sixth Amendment
Establishes requirements for criminal trials:
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A speedy public trial by an impartial jury of
one’s peers
Be informed of the nature and cause of the
accusation
Be confronted with and able to cross-examine
witnesses against one’s self
Subpoena witnesses in one’s defense
Be represented by legal counsel
The Seventh Amendment
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In Suits at common law, where the value
in controversy shall exceed twenty (20)
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.
The Eighth Amendment
“Excessive bail shall not
be required, nor
excessive fines
imposed, nor cruel
and unusual
punishments
inflicted.”
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Bail
Cruel and unusual
punishment – issues
regarding the death
penalty, torture,
stocks, public
humiliation, etc.
The Ninth Amendment
“The enumeration in the
Constitution, of
certain rights, shall
not be construed to
deny or disparage
others retained by the
people.”
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Government powers
are limited by the
rights of the people
The Tenth Amendment
“The powers not
delegated to the
United States by the
Constitution, nor
prohibited by it to the
States, are reserved
to the States
respectively, or to the
people.”
Embodies the
principle of
federalism
The Fourteenth Amendment
Section 1.
“All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny
to any person within its jurisdiction the equal protection
of the laws.”
The Fourteenth Amendment
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Selective Incorporation Doctrine
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Due Process
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only those provisions of the Bill of Rights fundamental to the
American legal process are applicable to the states through
the due process clause
the Second Amendment remains nonincorporated (i.e., not
made applicable to the states)
Specifically orders state and local officers to provide the
legal protections of due process.
Equal Protection
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“all people are created equal”
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Amendment XI: Lawsuits against states
The Eleventh Amendment was proposed on March 4, 1794,
and ratified on February 7,1795.
Amendment XII: Election of the President and Vice President
The Twelfth Amendment was proposed on December 9, 1803,
and ratified on July 27, 1804.
Amendment XIII: Abolition of slavery
The Thirteenth Amendment was proposed on January 31,
1865, and ratified on December 6, 1865.
Amendment XIV: Civil rights
The Fourteenth Amendment was proposed on June 13, 1866
and ratified on July 9, 1868.
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Amendment XV: Black suffrage
The Fifteenth Amendment was proposed on February 26,
1869, and ratified on February 3, 1870.
Amendment XVI: Income taxes
The Sixteenth Amendment was proposed on July 12, 1909,
and ratified on February 3, 1913.
Amendment XVII: Direct election of senators
The Seventeenth Amendment was proposed on May 13, 1912,
and ratified on April 8, 1913.
Amendment XVIII: Prohibition of liquor
The Eighteenth Amendment was proposed on December 18,
1917, and ratified on January 16, 1919. It was repealed by the
Twenty-First Amendment, December 5, 1933.
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Amendment XIX: Woman suffrage
The Nineteenth Amendment was proposed on June 4, 1919,
and ratified on August 18,1920.
Amendment XX: Terms of the President and Congress
The Twentieth Amendment was proposed on March 2, 1932,
and ratified on January 23,1933.
Amendment XXI: Repeal of prohibition
The Twenty-First Amendment was proposed on February 20,
1933, and ratified on December 5, 1933.
Amendment XXII: Limitation of Presidents to two terms
The Twenty-Second Amendment was proposed on March 24,
1947, and ratified on February 27, 1951.
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Amendment XXIII: Suffrage in the District of Columbia
The Twenty-Third Amendment was proposed on June 16,
1960, and ratified on March 29, 1961.
Amendment XXIV: Poll taxes
The Twenty-Fourth Amendment was proposed on August 27,
1962, and ratified on January 23, 1964.
Amendment XXV: Presidential disability and succession
The Twenty-Fifth Amendment was proposed on July 6, 1965,
and ratified on February 10, 1967.
Amendment XXVI: Suffrage for 18-year-olds
The Twenty-Sixth Amendment was proposed on March 23,
1971, and ratified on July 1, 1971.
Amendment XXVII: Congressional salaries
The Twenty-Seventh Amendment was proposed on September
25, 1789, and ratified on May 7, 1992.
Proposed Amendments
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1876: an attempt to abolish the United States Senate
1876: the forbidding of religious leaders from occupying a
governmental office or receiving federal funding
1878: an Executive Council of Three should replace the office
of President
1893: renaming this nation the “United States of the Earth”
1893: abolishing the United States Army and Navy
1894: acknowledging that the Constitution recognizes God and
Jesus Christ as the supreme authorities in human affairs.
1912: making marriage between races illegal
1914: finding divorce to be illegal
Proposed Amendments
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1916: all acts of war should be put to a national vote. Anyone
voting yes had to register as a volunteer for service in the
United States Army
1933: an attempt to limit the personal wealth to $1 million
1936: an attempt to allow the American people to vote on
whether or not the United States should go to war
1938: the forbidding of drunkenness in the United States and
all of its territories
1947: the income tax maximum for an individual should not
exceed 25%
1948: the right of citizens to segregate themselves from others
1971: American citizens should have the alienable right to an
environment free of pollution.
Criminal Law
Felony:
a serious crime
generally punishable
by death or
imprisonment for
more than one year
Misdemeanor:
a minor offense
generally
punishable by a
fine or a short term
of confinement,
usually less than
one year
Minnesota
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Felony. "Felony" means a crime for which a sentence of
imprisonment for more than one year may be imposed.
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Misdemeanor. "Misdemeanor" means a crime for which a
sentence of not more than 90 days or a fine of not more than
$1,000, or both, may be imposed.
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Gross Misdemeanor. "Gross misdemeanor" means any crime
which is not a felony or misdemeanor. The maximum fine which
may be imposed for a gross misdemeanor is $3,000.
Petty Misdemeanor. "Petty misdemeanor" means a petty offense
which is prohibited by statute, which does not constitute a crime
and for which a sentence of a fine of not
more than $300 may be imposed.
To prove a crime has been
committed, it is usually
necessary to prove:
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Actus reus – material
elements of the criminal
act
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Mens rea – criminal
intent
Criminal vs. Civil
Crime
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Public wrong
State prosecutes
Seeks to punish
Criminal intent
required
Tort
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Private wrong
Individual prosecutes
Seeks redress for
injury
Intent not necessary
42 U.S.C. § 1983
Anyone acting under
the authority of local
or state law who
violates another
person’s constitutional
rights – even though
they are upholding a
law – can be sued.
(Section 1983 of 42 U.S. Code)
Police Power
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Police power is derived from the U.S.
Constitution, U.S. Supreme Court decisions,
federal statutes, state constitutions, state
statutes, state court decisions and various
municipal charters and ordinances.
Police power ultimately rests with the people
because their elected representatives create the
laws that the police enforce.
Police power is restricted by the Constitution,
the 14th Amendment, and the courts.
Works Cited
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Introduction to Law Enforcement and Criminal Justice
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The American Quest for Freedom and Justice: Our Laws
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Henry M. Wrobleski and Kären M. Hess
 https://www.revisor.leg.state.mn.us/pubs/
 http://www.constitutionfacts.com/