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9 article iv to bor

  1. 1. Interactive ConstitutionInteractive Constitution Worksheet:Worksheet: Articles IV to VII,Articles IV to VII, The Bill of RightsThe Bill of Rights
  2. 2. The Constitution: A helpful analogy  Articles of Confederation = Parent with out of control kids. Chaos/bickering/no control.  Constitution = Parents picking up the belt and laying down the law.  Articles IV-VII reflect this as does the BOR
  3. 3. Article IV: State RelationsArticle IV: State Relations  Article IV governs theArticle IV governs the relationships amongrelationships among THETHE STATESSTATES. Under the Articles. Under the Articles of Confederation, theof Confederation, the STATESSTATES treated onetreated one another like independentanother like independent sovereign nations, butsovereign nations, but under the Constitution,under the Constitution, THETHE STATESSTATES had to respect onehad to respect one another’sanother’s COURTCOURT DECISIONSDECISIONS andand LAWSLAWS..
  4. 4. Article IV: State RelationsArticle IV: State Relations  ““Full Faith and Credit” ClauseFull Faith and Credit” Clause:: Requires states to respect oneRequires states to respect one another’s civil laws, records, andanother’s civil laws, records, and court rulings (child support, for ex.court rulings (child support, for ex. What ofWhat of gay marriages/ adoptionsgay marriages/ adoptions?)?)  ““Privileges and Immunities”Privileges and Immunities” ClauseClause: prohibits states from: prohibits states from discriminating against citizens ofdiscriminating against citizens of other states.other states.  Section 3 governs theSection 3 governs the admittanceadmittance of new states.of new states.  Congress in charge of this.Congress in charge of this.  No new states supposed to beNo new states supposed to be formed within existing states, byformed within existing states, by joining two states together, etc.joining two states together, etc. (without legislative permission of(without legislative permission of state/Congress).state/Congress).
  5. 5. Article IV: State Relations  ““Guarantee Clause”:Guarantee Clause”: US govt. will ensureUS govt. will ensure that every state has athat every state has a “republican form of“republican form of government.” No directgovernment.” No direct democracy, monarchy,democracy, monarchy, etc.etc.  Section 4Section 4: Fed govt: Fed govt would protect stateswould protect states against invasion oragainst invasion or domestic violence (nodomestic violence (no more Shay’s rebellion).more Shay’s rebellion).
  6. 6. Article V: AmendmentsArticle V: Amendments  Articles of ConfederationArticles of Confederation:: Almost impossible to amend.Almost impossible to amend. This easier, but still hard.This easier, but still hard.  ProposePropose? (1) Congress passes? (1) Congress passes amendment by 2/3 vote; (2)amendment by 2/3 vote; (2) 2/3 of states petition Congress2/3 of states petition Congress to call a constitutionalto call a constitutional convention.convention.  RatificationRatification? Approved by ¾? Approved by ¾ of (1) the legislatures of theof (1) the legislatures of the states, or (2) ratifyingstates, or (2) ratifying conventions of the states. Onlyconventions of the states. Only one by (2).one by (2).  Only 17 amendments after BillOnly 17 amendments after Bill of Rights in over 200 years.of Rights in over 200 years.
  7. 7. Article VI: The Supremacy ClauseArticle VI: The Supremacy Clause  Establishes the Constitution,Establishes the Constitution, federal statutes, and USfederal statutes, and US treaties astreaties as the “supremethe “supreme law of the land.”law of the land.”  Constitution: Highest formConstitution: Highest form of law in the American legalof law in the American legal system.system.  State judges are required toState judges are required to uphold the US Constitution.uphold the US Constitution.  All state and federal officersAll state and federal officers must swear an oathmust swear an oath toto uphold the Constitutionuphold the Constitution..
  8. 8. Article VII: RatificationArticle VII: Ratification  How many of the states hadHow many of the states had to ratify the Constitution?to ratify the Constitution? 9/139/13  Why not all? Wanted holdoutsWhy not all? Wanted holdouts (like RI, who refused to send(like RI, who refused to send delegates to the convention)delegates to the convention) could not hold things up.could not hold things up.  The chief stumbling block toThe chief stumbling block to the Constitution became itsthe Constitution became its lack of alack of a BILL OF RIGHTSBILL OF RIGHTS..  In ratification process, manyIn ratification process, many states balked at supportstates balked at support without guarantee of a BOR.without guarantee of a BOR.  Real fear here thatReal fear here that government would be toogovernment would be too powerful (monster).powerful (monster).
  9. 9. Article VIII: Ratification/the BOR  James MadisonJames Madison (main architect(main architect of the Constitution): Against BORof the Constitution): Against BOR at first.at first.  Felt government wasn’tFelt government wasn’t thatthat strong. . .only lists very limitedstrong. . .only lists very limited powers. . .not needed.powers. . .not needed.  Political problem: Some statesPolitical problem: Some states would not support Constitutionwould not support Constitution without a guarantee of a BOR.without a guarantee of a BOR.  Some began calling for aSome began calling for a convention to amend it rightconvention to amend it right away; Madison thought they’daway; Madison thought they’d try to change other parts of it astry to change other parts of it as well.well.  Set about compiling a list; endedSet about compiling a list; ended up being the “Father of the BOR”up being the “Father of the BOR” though he hated the idea of it atthough he hated the idea of it at first.first.
  10. 10. The Bill of Rights (1791)The Bill of Rights (1791)  What is the Bill of Rights?What is the Bill of Rights? First ten amendmentsFirst ten amendments to the Constitutionto the Constitution..  When proposed? June 8,When proposed? June 8, 1789. Passed into law:1789. Passed into law: Dec. 15,Dec. 15, 17911791..  Madison worried: A listMadison worried: A list seems to limit rights, notseems to limit rights, not guarantee them. Still,guarantee them. Still, took up the task to wintook up the task to win approval of states, headapproval of states, head off a convention.off a convention.
  11. 11. Amendment I: Fundamental FreedomsAmendment I: Fundamental Freedoms  Amendment bansAmendment bans CongressCongress from acting (notice, not thefrom acting (notice, not the states).states).  ““The Court began to extend certain provisions of the Bill ofThe Court began to extend certain provisions of the Bill of Rights to the states in 1897 via theRights to the states in 1897 via the 1414thth AmendmentAmendment, a, a process calledprocess called incorporationincorporation.”.”  Hugo Black: “No law means NO LAW.”Hugo Black: “No law means NO LAW.”
  12. 12. Amendment I: Religious Clauses  (1) Establishment Clause(1) Establishment Clause:: Prohibits Congress fromProhibits Congress from making laws “respecting themaking laws “respecting the establishment” of religion.establishment” of religion.  ““Respecting theRespecting the establishment?” State religionestablishment?” State religion or a “wall of separation”or a “wall of separation” (Jefferson) between(Jefferson) between government and religion? Stillgovernment and religion? Still debated.debated.  (2)(2) Free Exercise ClauseFree Exercise Clause:: Guarantees right to “freelyGuarantees right to “freely exercise” religious faith.exercise” religious faith.
  13. 13. Amendment I: Other rightsAmendment I: Other rights (3) Freedom of speech(3) Freedom of speech (4) Freedom of the press(4) Freedom of the press (5) Right to peaceably assemble(5) Right to peaceably assemble (6) Right to petition govt(6) Right to petition govt Conflicts over how far these rights go?Conflicts over how far these rights go? USSC decidesUSSC decides
  14. 14. Amendment II: Bear ArmsAmendment II: Bear Arms  ““A well regulated militia,A well regulated militia, being necessary to thebeing necessary to the security of a free state,security of a free state, the right of the people tothe right of the people to keep and bear armskeep and bear arms,, shall not be infringed.shall not be infringed.”  For militias or for the average citizen? Long debate about what the clause meant (ie. Gun control)  USSC in 2008: Average citizens have right to bear arms (DC v. Heller); being in a militia is not needed. 2010 extended to state/local govts.
  15. 15. Amendment III:Amendment III: Quartering of troopsQuartering of troops  ““(1)(1) No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, (2) nor in time of war, but in a manner to be prescribed by law.”  About: British troops routinely hadAbout: British troops routinely had toto provide room and board for Britishprovide room and board for British soldierssoldiers..  Response to British law, the Quartering Act,Response to British law, the Quartering Act, of 1765.of 1765.  Exception? During wartime. Not muchException? During wartime. Not much about this legally though. . .not many warsabout this legally though. . .not many wars on our soil.on our soil.  Civil war? Considered an “insurrection.”Civil war? Considered an “insurrection.” Congress never declared war. . .but were inCongress never declared war. . .but were in open rebellion. Not USA really…open rebellion. Not USA really…  Never really used by the USSC since.Never really used by the USSC since. Remnant of our past really.Remnant of our past really.
  16. 16. Amendment IV: Searches/seizuresAmendment IV: Searches/seizures  ““The right of the people to be secure inThe right of the people to be secure in their persons, houses, papers, andtheir persons, houses, papers, and effects, againsteffects, against unreasonable searchesunreasonable searches and seizuresand seizures, shall not be violated, and, shall not be violated, and no warrants shall issue, but uponno warrants shall issue, but upon probable cause, supported by oath orprobable cause, supported by oath or affirmation, and particularly describingaffirmation, and particularly describing the place to be searched, and thethe place to be searched, and the persons or things to be seized.persons or things to be seized.”  Prohibits unreasonable searches and seizures.  Warrant clause: Orders for searches must be based on “probable cause.”  Probable cause: More than whim of officer, but less than that required to convict.
  17. 17. Amendment V: Rights of the AccusedAmendment V: Rights of the Accused 1.1. Grand juryGrand jury: Accused have: Accused have right to grand jury, determinesright to grand jury, determines if enough evidence exists toif enough evidence exists to prosecute. 23 people. If enoughprosecute. 23 people. If enough evidence, “indicted.”evidence, “indicted.” 2.2. Double jeopardyDouble jeopardy: If acquitted: If acquitted of a crime, defendant cannot beof a crime, defendant cannot be tried a second time.tried a second time. 3.3. Self incriminationSelf incrimination: Person: Person cannot be forced to testifycannot be forced to testify against himself/herself.against himself/herself. “Pleading the Fifth.”“Pleading the Fifth.”
  18. 18. Amendment V: Rights of the AccusedAmendment V: Rights of the Accused 4.4. Due processDue process: Government: Government may not act based onmay not act based on emotion, has to followemotion, has to follow procedure to punish. Actprocedure to punish. Act fairly, follow the rules.fairly, follow the rules. 5.5. Limit on eminentLimit on eminent domaindomain: Limits power of: Limits power of government to take privategovernment to take private property for public use.property for public use.
  19. 19. Amendment VI: Accused rights IIAmendment VI: Accused rights II 1.1. Speedy trialSpeedy trial: Long delay can damage defendant’s: Long delay can damage defendant’s reputation. May be in jail until trial. Memories can fade.reputation. May be in jail until trial. Memories can fade. Good to speed things up.Good to speed things up. 2.2. Trial by juryTrial by jury: Precious to Americans. Guilty? Determined: Precious to Americans. Guilty? Determined by your peers not detached government entity.by your peers not detached government entity. 3.3. Notified of charges against youNotified of charges against you: Necessary for a proper: Necessary for a proper defense.defense.
  20. 20. Amendment VI: Accused rights IIAmendment VI: Accused rights II 4.4. Confront witnessesConfront witnesses against youagainst you: Deft can: Deft can challenge witness’schallenge witness’s truthfulness in courttruthfulness in court (cross-examination).(cross-examination). 5.5. SubpeonaSubpeona: Deft can: Deft can compel witnesses tocompel witnesses to testify.testify. 6.6. Right to an attorneyRight to an attorney:: One of most importantOne of most important rights; will appoint lawyerrights; will appoint lawyer if you can’t afford it.if you can’t afford it.
  21. 21. Amendment VII: Civil casesAmendment VII: Civil cases Civil v. Criminal Case?Civil v. Criminal Case? • Criminal = PunishmentCriminal = Punishment • Civil = Money (lawsuit)Civil = Money (lawsuit) • Guarantee in this amendment:Guarantee in this amendment: Jury trial in civil casesJury trial in civil cases.. • InIn Baltimore and Carolina Line v.Baltimore and Carolina Line v. RedmanRedman (1935), the Supreme(1935), the Supreme Court upheld the general principleCourt upheld the general principle that a jury decidesthat a jury decides THE FACTS OFTHE FACTS OF THE CASETHE CASE and the judgeand the judge determinesdetermines WHAT LAW ISWHAT LAW IS RELEVANT TO THOSE FACTSRELEVANT TO THOSE FACTS..
  22. 22. Amendment VIII: Accused Rights IIIAmendment VIII: Accused Rights III Amendment here bans:Amendment here bans: 1.1. Excessive bailExcessive bail ($ paid to($ paid to release prisoner, torelease prisoner, to guarantee his/her return)guarantee his/her return) 2.2. Excessive finesExcessive fines 3.3. Cruel and unusualCruel and unusual punishmentspunishments. Clause. Clause “must draw its meaning“must draw its meaning from evolving standards offrom evolving standards of decency that mark thedecency that mark the progress of a maturingprogress of a maturing society.”society.”
  23. 23. Amendment IX: Other rightsAmendment IX: Other rights ““The enumeration (listing) in theThe enumeration (listing) in the Constitution, of certain rights, shallConstitution, of certain rights, shall not be construed (interpreted) tonot be construed (interpreted) to deny or disparage (belittle) othersdeny or disparage (belittle) others retained by the people.”retained by the people.”  James Madison didn’t like a list; feltJames Madison didn’t like a list; felt it limited people’s rights.it limited people’s rights.  Wanted a provision that guaranteedWanted a provision that guaranteed rights that may not be listed in BOR.rights that may not be listed in BOR.  Guarantees that rights notGuarantees that rights not listed/numbered (enumerated) arelisted/numbered (enumerated) are retained by the people.retained by the people.
  24. 24. Amendment X: State powersAmendment X: State powers ““The powers not delegated (given) toThe powers not delegated (given) to the United States by thethe United States by the Constitution, nor prohibited by it toConstitution, nor prohibited by it to the States, are reserved to thethe States, are reserved to the States respectively, or to theStates respectively, or to the people.”people.”  Protects state powerProtects state power. States. States insisted on this to affirm their role ininsisted on this to affirm their role in government.government.  Only amendment recommended byOnly amendment recommended by all of the state conventions.all of the state conventions.  Balance between state/federalBalance between state/federal power: major issue, still problematicpower: major issue, still problematic today.today.