Notes no. 4

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 𝔅𝔯𝔢𝔞𝔨𝔦𝔫𝔤 𝔇𝔬𝔴𝔫 𝔱𝔥𝔢 ℭ𝔬𝔫𝔰𝔱𝔦𝔱𝔲𝔱𝔦𝔬𝔫 

The 1st 3 articles are the branches of government and 4-7 articles describe the relationship of the states to the Federal government 

 

𝘈𝘳𝘵𝘪𝘤𝘭𝘦 1 - 𝘓𝘦𝘨𝘪𝘴𝘭𝘢𝘵𝘪𝘷𝘦 𝘉𝘳𝘢𝘯𝘤𝘩 

• House
• Elected every 2 years 
• 25 years old and inhabitant of the state
• Chosen by the population
• A chosen Speaker of the House and other offices
• The sole power of impeachment
• Senate 
• 2 senators from each state
• Elected every 6 years
• 30 years old and 9 year US citizen and must live in the state elected from
• Power to try impeachments
• Section 6
• No one can keep an office in Congress if serving a different office 
• Section 7
• Bills originate in the House but the Senate can amend any bill sent to it
• Section 8 - Powers of Congress 
• Levy Taxes
• Determine naturalization 
• Coin money 
• Copyrights and Patents 
• Declare war
• Section 9
• Suspend Write of Habeas Corpus 
• Issues a Bill of Attainder/ ex post facto law 
• All states are treated the same by Congress 

𝘈𝘳𝘵𝘪𝘤𝘭𝘦 2 - 𝘌𝘹𝘦𝘤𝘶𝘵𝘪𝘷𝘦 𝘉𝘳𝘢𝘯𝘤𝘩 

• Establishes president title 
• Serve 4 years
• Naturalized citizen
• 35 years old
• Electoral College 
• Each state appoints “electors” equal to their number of Senators and Representatives
• No sitting Congressman could be chosen
• Powers and Duties 
• Veto and approval powers for legislation
• Commander-in-Chief
• Make treaties appoint ambassadors, justices
• Impeachment 
• Must be for treason, bribery, or other high crimes

𝘈𝘳𝘵𝘪𝘤𝘭𝘦 3 - 𝘑𝘶𝘥𝘪𝘤𝘪𝘢𝘭 𝘉𝘳𝘢𝘯𝘤𝘩 𝘢𝘯𝘥 𝘛𝘳𝘦𝘢𝘴𝘰𝘯 

• Vested in the Supreme Court (high court)
• Justices hold office until they die or retire
• Have authority over a case depending on the subject matter or who’s involved
• Treason
• Definition (only defined crime in the Constitution)
• Only in times of war
• Only done by a citizen or resident alien
• Must have two credible witnesses
• Punishment
• Congress declares punishment
• Cannot punish descendants or family of the convicted

𝘈𝘳𝘵𝘪𝘤𝘭𝘦 4 - 𝘙𝘦𝘭𝘢𝘵𝘪𝘰𝘯𝘴𝘩𝘪𝘱𝘴 𝘉𝘦𝘵𝘸𝘦𝘦𝘯 𝘚𝘵𝘢𝘵𝘦𝘴 

• Full Faith and Credit Law– Each state must recognize the validity of the laws and decisions of other states
• Fleeing the law
• If caught in another state with a crime the state you are fleeing to has to send you back to the state you committed the crime 
• Only new states can be admitted to the Union
• US gov’t will ensure all states will be protected from foreign and domestic invasion

𝘈𝘳𝘵𝘪𝘤𝘭𝘦 5 - 𝘈𝘮𝘦𝘯𝘥𝘮𝘦𝘯𝘵 𝘗𝘳𝘰𝘤𝘦𝘴𝘴 

• Proposing Amendments
• 2/3rds of the House
• 2/3rds of the State legislatures
• Ratifying Amendments 
• 3/4ths of the states
• 3/4ths of the states in conventions called for that purpose

𝘈𝘳𝘵𝘪𝘤𝘭𝘦 6 - 𝘚𝘶𝘱𝘳𝘦𝘮𝘢𝘤𝘺 𝘰𝘧 𝘵𝘩𝘦 𝘕𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘎𝘰𝘷𝘦𝘳𝘯𝘮𝘦𝘯𝘵 

• The National gov’t has the ability to supersede any state law that contradicts nat’l law

𝘈𝘳𝘵𝘪𝘤𝘭𝘦 7 - 𝘙𝘢𝘵𝘪𝘧𝘪𝘤𝘢𝘵𝘪𝘰𝘯 𝘗𝘳𝘰𝘤𝘦𝘴𝘴

• Required 9 of the then 13 states
• Signed by the majority of the framers on 17 September 1787
• Signed by 39 
• 3 did not because they didn't believe in the document 

 𝔅𝔦𝔩𝔩 𝔒𝔣 ℜ𝔦𝔤𝔥𝔱𝔰 

1𝓼𝓽 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽

• The First Amendment guarantees religious freedoms and the right to express your views in public
• The first portion deals with religious freedom
• It protects people from having a set of religious beliefs imposed on them by the government (establishment clause)
• protects people from having their own religious beliefs restricted by government authorities (free exercise clause)
• Freedom of Expression
• protects four distinct rights—free speech, press, assembly, and petition
• includes the right to assemble peaceably and the right to petition government officials
• The ruling from New York Times v. Sullivan (1964) made it much harder for politicians to silence potential critics or to bankrupt their political opponents through the courts
• Free-speech zones for political conventions located in areas arguably selected to minimize their public audience or keep protesters separate are controversial

2𝓷𝓭 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽 

• protection of the right of the states to organize and arm a “well-regulated militia” for civil defense
• Very Controversial 

3𝓻𝓭 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽 

• lie within a “zone of privacy” that government officials should not violate unless absolutely necessary
• “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"

4𝓽𝓱 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽

• Police or the government must obtain a warrant for search or seize 
• limited in many ways 
• if the owner or renter consents to the search
• there is no privacy when in public 
• if there is a reasonable expectation that evidence may be destroyed or tampered with before a warrant can be issued
• if the items in question are in plain view of government officials
• police do not generally need the warrant to search the passenger compartment of a car
• police must demonstrate probable cause to believe a crime has been committed or evidence will be found.

5𝓽𝓱 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽

• Serious crimes are prosecuted only after an indictment has been issued by a grand jury
• Exceptions: 
• applies only to felonies
• less serious crimes can be tried without a grand jury proceeding
• Military people who are accused of crimes are not entitled to a grand jury proceeding
• protects individuals against double jeopardy
• protects us against self-incrimination

6𝓽𝓱 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽

• In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial
• Guarantees:
• the right to have a speedy, public trial by an impartial jury
• the right of those accused of crimes to present witnesses in their own defense and to confront and cross-examine witnesses presented by the prosecution
• the right of those accused of crimes to have the assistance of an attorney in their defense

7𝓽𝓱 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽

• all trials in civil cases must take place before a jury unless both sides waive their right to a jury trial
• civil disputes—particularly those involving small sums of money (less than $20) which may be heard by a dedicated small claims court—need not be tried in front of a jury and may instead be decided by a judge working alone.

8𝓽𝓱 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽

• No cruel and unusual punishments 
• Bail is a payment that allows a person accused of a crime to be freed pending trial
• have been recent controversies over using lethal injections and firing squads
• The Supreme Court has never established a definitive test for what constitutes a cruel and unusual punishment

9𝓽𝓱 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽

• This was to ensure people would recognize that the listing of freedoms and rights in the Bill of Rights was not exhaustive

10𝓽𝓱 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.”
• The Right to Privacy
• a right to be free of government intrusion into our personal life, particularly within the bounds of the home
• after 9/11 the PATRIOT act reduced some of our expectations of privacy
• there aren't many rights to privacy with technology 

14𝓽𝓱 𝓐𝓶𝓮𝓷𝓭𝓶𝓮𝓷𝓽

• establishes equal protection and the due process clauses
• prevents states from denying citizens their civil rights
• this protects the rights of all citizens born and nationalized within the United States 

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