The U.S. Constitution And You

The U.S. Constitution and You Rodney C. Nanney, AICP Building Place http://www.buildingplace.net

Warning
This class is not intended to provide a comprehensive legal education on the U.S. Constitution
Rather, it is intended to be a fly-by survey of a few selected portions of the document
Focused on a few points of intersection with individuals “on the ground”

Agenda
Introduction and Welcome
1st Amendment (religion, speech, press, petition, assembly)
5th Amendment (taking of property)
Examples of One Person’s Impact on the Constitution
What can I do right now?
Questions and Wrap up

Thank You!
Thank you to Rebecca Dunkle, Monica Prince and everyone associated with the Ypsilanti Senior Center for inviting us to be here tonight!
Please consider a donation to the Ypsilanti Senior Center, 1015 Congress, Ypsilanti, MI 48197
Some information for this presentation has been adapted from “ The Citizen’s Constitution ” by Seth Lipsky

About Rodney C. Nanney
Professional community planning, zoning, and local economic development consultant
Author/editor of multiple zoning ordinances and ordinance updates
Author of the “Building Place Notebook” online newsletter
American history aficionado
NOT an Attorney or a Judge

About Handouts and More
View Presentation Online at:
http://www.buildingplace.net
On Thursday (4/8), there will be a link to the presentation materials on the homepage and in the “Building Place Notebook” online newsletter
Also - download the slideshow handout

George Washington said…
“ A primary object… should be the education of our youth in the science of government.
In a republic , what species of knowledge can be more equally important?
And what duty more pressing…than communicating it to those who are to be the future guardians of the liberties of the country? ”

1st 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.

Religious Freedom
(M)ake no law respecting an establishment of religion , or prohibiting the free exercise thereof….

Separation of Church and State?
This concept originated :
Not in the plain wording of the U.S. Constitution
Not in the Bill of Rights
Not in the Federalist Papers or other writings of the Constitutional Convention delegates
It was taken out of an 1802 letter written by Thomas Jefferson, who did not take part in the writing of the Constitution!

1802 Letter to the Danbury Baptist Assn.
“ Believing with you that religion is a matter which lies solely between Man & his God,
that he owes account to none other for his faith or his worship,
that the legitimate powers of government reach actions only, & not opinions ,
I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should ‘ make no law respecting an establishment of religion , or prohibiting the free exercise thereof,’ thus building a wall of separation between Church & State.”

One reading of Jefferson’s letter suggests that the “wall of separation” was
not to expunge religion from the public square;
but rather to restrict the potentially oppressive reach (or influence) of the federal government into the area best kept “solely between Man & his God.”
Freedom of religion, not from religion

“ What a strange notion that a Constitution which itself gives ‘religion in general’ preferential treatment (would also) forbid endorsement of religion in general.”
“ That was not the view of those who adopted our Constitution , who believed that the public virtues inculcated by religion are a public good .” ( Justice Scalia )

Freedom of Speech
(M)ake no law abridging the freedom of speech ….

Freedom of Speech
An example closer to home….

Freedom of Speech
Yard Signs

City of Ypsilanti Sign Standards
No permit is required for “signs advocating or opposing a candidate for public office or a position on an issue to be determined at an election” as follows:
At polling places, on election day only, erected no less than 100 feet from the entrance of the polling place. Such signs may be located on the city right-of-way….
Such signs shall not be located on any right-of-way except as permitted (above-only on election day)
That the signs be removed within seven days following the final election regarding the candidate or position

Ypsilanti Twp. Sign Standards
Political campaign signs : Signs announcing the candidacy of persons running for public office or issues to be voted upon at an election and other information pertinent thereto may be erected:
not more than 30 days prior to an election
and shall be removed within ten days after the election to which they pertain.
Such signs shall not exceed 16 square feet in area.

Superior Twp. Temp. Sign Stds.
Such signs shall be removed…within seven (7) calendar days following completion or discontinuation of the event, action or activity to which the sign pertains.

Sign Rules & the 1st Amendment
[Fehribach v. City of Troy, MI (2004)]
“ Government regulation of expressive activity is content neutral so long as it is justified without reference to the content of the regulated speech.”
“ (The 1st) Amendment affords special protection to speech in the home , the Supreme Court has accorded special “reverence” to yard signs , holding that the available alternatives to yard signs are not ‘adequate alternatives.’”

“ (Restrictions on) the number of political signs and…the time election signs could be displayed, were clearly content-based because they only applied to signs containing content which was political .”
“ Notably, the City’s housing inspector first had to determine what (the) sign referred to before he could (determine) that the sign was in violation….”

A content-based speech restriction is constitutional if the “regulation is necessary to serve a compelling state interest and… is narrowly drawn to achieve that end.”
City said : A proliferation of signs:
unduly distracts motorists and pedestrians,
mars the appearance of the community, restricts light and air, and
negatively affects property values.

Court ruled in favor of the resident :
“ Although ‘safety’ and ‘aesthetics’ are substantial government interests, (but) are not compelling enough to justify content-based restriction on fully-protected, noncommercial speech.”
“ (R)esidents have the same strong incentive to keep their property values up (without regulation) and to prevent visual clutter in their yards and neighborhoods as does the city.”

What Does This All Mean?
No permit or fee should be necessary to put up any political, opinion, or election-oriented sign in your yard
Time limits (“30 days before an election”) cannot be enforced .
Such signs can be displayed for any length of time, as long as they are kept in good repair and taken down immediately after the event
You must respect maximum sign area, height, and location requirements
Keep your sign out of the road right-of-way!

Freedom of Speech
Respect your neighbor’s constitutional right to display yard signs
Ask those you know to do the same
There is no excuse for kidnapping yard signs!

Freedom of the Press
(M)ake no law abridging the freedom…of the press ….

Freedom of the Press Where is the line between a “ blog ” and “ the press ”?

Freedom to Assemble
(M)ake no law respecting the right of the people peaceably to assemble ….

Freedom to Petition the Gov’t
(M)ake no law respecting the right of the people…to petition the Government for a redress of grievances .

Freedom to Petition the Gov’t
Write a letter;
Send a fax or email;
Speak at a meeting or public hearing;
Make an appointment and meet with an elected official;
Create and circulate a petition on an issue you’re concerned about; or
Sign a petition someone else has created

Eminent Domain
Eminent domain is:
The power to take land for a public use in exchange for reasonable compensation
Typically defined as fair market value
Using "condemnation" process in court
Part of the 5th Amendment :
“… nor shall private property be taken for public use, without just compensation .”

What is a “Public Use?”
Classic Definition :
New roads and freeways, and road widening projects;
New public parks, public utility transmission lines or pipelines, bicycle paths, county drain improvements; and
Other projects planned and constructed by government or public utilities.

Susette Kelo’s House

Supreme Court Redefines
“ Kelo v. City of New London, CT” (2005)
At issue : Whether the the City of New London’s intention:
to take privately owned residences and businesses,
to clear and re-sell the land to a private developer; and
to redevelop the land for the benefit of other private businesses, including PFIZER
actually constitutes a “ public use .”

Supreme Court Decision
“ Kelo v. City of New London, CT” (2005)
OK to condemn and take Susette Kelo’s home solely for economic development/redevelopment
“ The Court will not substitute its judgment for (local plans) as to what constitutes ‘public use’ unless the use is palpably without reasonable foundation .”

The Result?

Kelo II: The States Strike Back
When the federal government goes too far:
“ The Founders cannot have intended this perverse result.” (Justice O’Connor)
Within days of the decision, 43 states, including Connecticut, began moving to nullify the decision through state reforms
Michigan had already dealt with this issue in a previous state Supreme Court decision
It is now harder to redevelop urban land after “Kelo” despite the Court’s intention

One Person’s Impact
John Adams wrote or served as a “consultant” for the creation of many state constitutions for the original 13 states after the Declaration of Independence
The position of “President” was established by delegates who fully expected George Washington to be the first to hold the office
Ratification of the 19th Amendment (women’s suffrage) in 1920 rested on the decision of one representative in the Tennessee state house…

One Vote - 19th Amendment
By July 1920, it appeared that the amendment might fail by one vote in Tennessee, but…
Twenty-four-year-old Harry Burns surprised observers by casting the deciding vote for ratification.
At the time of his vote, Burns had in his pocket a letter he had received from his mother urging him, “Don't forget to be a good boy” and “vote for suffrage.”

One Person’s Impact
27th Amendment
“ No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”

One Person - 27th Amendment
Originally proposed in 1789 as part of the Bill of Rights, but not ratified
Ignored/forgotten for more than 200 years
In 1982, U of Texas college student Gregory Watson was doing research…
Found that the amendment had no expiration - it could still be ratified
Wrote to state legislators across the U.S. - the result was a new amendment!

You Can Make a Difference
Speak out (respectfully) at public meetings
“ Petition” government officials via letter, email, or fax about an issue or bill
Join a political party or attend a peaceful political gathering or event
Become a precinct delegate or serve as an local election worker
Volunteer to serve on a board or commission
Help out or donate to a political campaign

Run for office!
Township board or “parks commission”
District library board
City council
County commission
State legislature
____________________________

www.VoteRodney.com

Questions?
Rodney C. Nanney
[email_address]
(734) 985-0540
View Presentation Online at:
http://www.buildingplace.net
On Thursday (4/8), there will be a link to the presentation materials on the homepage and in the “Building Place Notebook” online newsletter
Also - download the slideshow handout

The U.S. Constitution And You

by buildingplace on Apr 08, 2010

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The U.S. Constitution And You — Presentation Transcript