Civil Liberties: Religion, Speech, Assembly & Petition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of the people to peacefully to assemble, and to petition the Government for a redress of grievances.”
Establishment Clause: “make no law respecting the establishment of …”
Free Exercise Clause: “or prohibiting the free exercise of…”
Other clauses: Free Speech Clause, Free Press Clause, Free Assembly Clause & Petition Clause
Right to bear arms.
No quartering of soldiers.
Searches and Seizures
Right to due process of law (along with the Fourteenth Amendment) , freedom from self-incrimination, double jeopardy.
Fair and speedy trial; right to counsel
Right of trial by jury in civil cases.
Freedom from excessive bail, cruel and unusual punishments.
Other rights of the people.
Powers reserved to the states.
Max 2 terms in office for president, or 10 years, reaction to FDR
Clauses: privilege & immunities, Due process, equal protection, Citizenship Clause
Incorporation Doctrine – Legal concept which the S.C. nationalized the Bill of Rights by make most of the provisions applicable to the states. (Not III, VII, X)
“Nor shall any State deprive any person of life, liberty, or property, without the due process of the law”
African American males can vote.
Congress may levy income tax.
Direct election of US Senators.
Repeal of prohibition
President can only serve two terms.
District of Columbia residents can vote for president.
Prohibits poll taxes
How president turns duties over to V.P. due to illness.
Lowers voting age to 18
Congress cannot accept a pay raise until next term.
Creates the two parts of Congress. They are responsible for making laws.
Necessary and Proper Clause (Elastic Clause)
Creates the job of President, called the Executive. Responsible for enforcing the laws.
Establishes Judges, called the Judiciary. They decide if a law is allowable, or if it goes against the Constitution.
Full Faith and Credit Clause
Privileges and Immunities Clause
How to change the Constitution.
Concerns the United States.
Explained how the Constitution was agreed to.
Declarations of Independence – 1776
Natural Rights - life, liberty and property
Consent of the governed – The idea that government derives its authority by sanction of the people
Limited government – Restrictions on government to protect natural rights
Articles of Confederation 1781-1787
Nat. government could not levy taxes from states
No national army
No control over trade
No supremacy clause
No Supreme Court or Executive
Amendments required unanimous vote
Pass national laws – 9/13 vote
Established a Post Office
Constitutional Convention – Summer 1787
Aborted Annapolis Meeting – September 1786
Only five states showed up
Thomas Hobbes – Man’s natural state was war. A strong leader was needed.
Virginia Plan - Representation based on population
New Jersey Plan – Representation is equal
Slaves are 3/5 man and states decide qualifications for voting.
Voters voted for the House, Electoral College and state legislatures. The electoral college voted