Michelle Palaro CJUS 2360Fall 2015

Chapter 1

An Historical

Overview

Law is a body of rules promulgated(established) to support the norms of thatsociety, enforced through legal means, that is,punishment

A constitution is a system of basic laws andprinciples that establish the nature, functionsand limits of a government or other institution

The American Constitution is youthful, whichmakes it all the more impressive for its enduringnature and flexibility

Refers to a society in which numerous distinct ethnic,

religious or cultural groups coexist within one nation,

each contributing to society as a whole

Living in a Pluralistic society creates a challenge to

exercise tolerance and respect for the opinions,

customs, traditions and lifestyles of others

Representatives from every culture that has come to

America share in the historical development of our

country and legal system

It is the common thread that binds all who have come

here that makes American law so unique in serving the

pluralistic society that created it

Here’s a short video on the Boston Tea Party:

o Town meetings wererestricted to once a year

o The king was required toappoint people to thegovernmental court ratherthan have them elected

o Quartering Act expanded,requiring soldiers to behoused in private homesand buildings

o British officials accused ofcrimes in the coloniescould only be tried inEngland

Colonists resisted increased taxes because they felt it

was taxation without representation

Boston Tea Party (December 1773) - Colonists boarded

3 British ships and dumped cargos of tea overboard

Parliament passed several laws in retaliation for this

open act of defiance

In September 1774, 55 delegates from 12 colonies met

in Philadelphia. The 1st Continental Congress resulted

in the first written agreement among the colonies to

stand together in resistance against Britain

Congress agreed on three important actions:

o Adopted a set of resolutions that defined the rights,

liberties and immunities of the colonists

o Addressed King George III and citizens of Britain calling

for a restoration of American rights

o Established a boycott to prevent the buying of British

goods until Congress’ demands were met

Established the Continental Army and named George

Washington its commander

Congress raised money and bought supplies for the

new army. They sought out support from other countries

by opening diplomatic relations

The colonists were prepared for an all out war with

Britain

Many great battles showed that America’s people were

committed to fight for their independence: Ticonderoga,

Bunker Hill, Trenton and Saratoga

In May, Congress instructed each of the states

to form its own government and assuming

powers of independent states

July 4, 1776 - The 2nd Continental Congress

unanimously voted in favor of American

Independence

There were six important sections (see next

slide)

1. First paragraph explains why

the Declaration was issued

2. Declares all men to be equal

and to have equal claims to

life, liberty and the pursuit of

happiness. Stated the

government’s right to rule is

based on the consent of the

governed

3. Charges made against British

king and described how they

denied the American colonists

their rights

4. Describes the colonists

attempts to obtain justice and

the British lack of response

5. Proclaimed independence

6. Lists the actions the new

United States of America

could take as a country

Formally pledged the states to a “firm league of

friendship,” and “a perpetual union” created for

“their common defense, the security of their

liberties” and their “mutual and general welfare”

Established a Congress to conduct necessary

tasks of a central government, including waging

war and making peace, controlling trade with

the Indians, organizing a mail service and

borrowing money

Considered the most important instrument of

English government

o Established the supremacy of the law over the ruler

King John was forced to sign the original

document on June 12, 1215

o Showed that no one was above the law

The Magna Carta provided a stable framework

from which to start

o It was a step away from total rule by a single

individual

o Long history of success

o Provided some security and that not everything

needed to start from scratch

Articles of Confederation were inadequate for

effective government due to the lack of balance

of power between the states and the central

government

May 1787 - Congress of the Confederation

called for a convention to revise the Articles

George Washington was elected to preside

over the meetings

Was to establish a central government

authorized to deal directly with individuals rather

than states

To incorporate a system of checks and

balances that would preserve the fundamental

concepts contained in the Magna Carta, that is,

to limit the power of government

To prevent one individual from having complete

power

Structure and powers of legislative, executive

and judicial branches

The checks and balance would allow the

system to work, while achieving the primary

goal of limiting power to any individual or

section of the government

The first three articles established the

legislative, executive and judicial branches of

the government and the country’s system of

checks and balances

Legislature may pass laws, but cannot enforce

or interpret them

Contains the Great Compromise

Congress has 2 chambers:

o Senate:

• Each state has 2

senators

• Each senator has 1

vote

• Sole power to try all

impeachments

o House of

Representatives:

• Membership based on

state populations

• Power of impeachment

• 1st to consider bills for

raising taxes

Section 8 of Article 1 grants specific powers toCongress:o Coining money

o Establishing post offices

o Lay and collect taxes

o Borrow money on the credit of the United States

o Regulate international and interstate commerce

o Naturalize foreign-born citizens

o Raise and govern the military forces

o Declare war

Elastic clauseo Reserve of power to do what was “necessary and proper”

to pass laws for the nation. Enact laws that directlyaffected the people

Brief overview of case:

Issues: Does Congress have the power to incorporate

a bank and does the State of Maryland have the power

to tax it?

Holding: Congress has power under the Constitution to

incorporate a bank pursuant to the Necessary and

Proper clause (Article I, Section 8)

The State of Maryland does not have the power to tax

an institution created by Congress pursuant to its

powers under the Constitution

Created to carry out the law

Provide a Commander in Chief of the military

forces

Carry out nation’s foreign policy

o Entering into treaties with other nations

To appoint ambassadors, judges and officials

needed for the government to function

Chosen by electors

The president’s most significant actions must be

approved by the Senate

o Treaties require 2/3 vote

Judges and appointed executive officials need a

majority vote to be confirmed

Must report periodically to Congress on the state of the

Union

May recommend laws Congress should enact

MOST IMPROTANT DUTY – “Shall take care that the

laws be faithfully executed”

Brief overview of the case:

Issue: Is a serving President entitled to absolute

immunity from civil litigation?

Holding: In a unanimous opinion, the Court held that

the Constitution does not grant a sitting President

immunity from civil litigation except under highly unusual

circumstances

o While the independence of the government's

branches must be protected under the doctrine of

separation of powers, the Constitution does not

prohibit these branches from exercising any control

over one another

Vesting Judicial power in the U.S. Supreme

Court

Federal court judges are appointed by the

President and hold office for life

Congress is authorized to regulate the court’s

dockets by deciding what kinds of cases the

Supreme court can hear on appeal

Congress regulates the courts’ jurisdiction

Courts interpret the laws

The President has veto power

o Congress can override with 2/3 majority vote

President nominates Supreme Court justices

o Legislative branch confirms or denies the nomination

President is the Commander in Chief

o Legislative branch declares war and pays for it

Supremacy clause - Federal law will reign

when there is conflicting state law

The Article permitted the Supreme Court to

become the ultimate decision maker in whether

laws and actions of the government circumvent

the Constitution and to invalidate them if they

do so

Requires the allegiance of every federal and

state official to the Constitution

Ben Franklin moved that the Constitution be

approved unanimously and signed by those

states present

September 17, 1787 - The U.S. Constitution

was signed in Philadelphia

42 of the 55 delegates were present to sign the

Constitution

3 members refused to sign

o George Mason - because of the lack of a bill of rights

Federalists - Favored a strong central government

Anti-Federalists - Favored a weaker central

government

o Didn’t not want to ratify without a bill of rights

guaranteeing individual liberties

Amendments - Changes to the Constitution or

bylaws

o December 15, 1791 - States had ratified 10 of 12

proposed amendments to ensure that the national

government would not interfere with individual

liberties

Aimed at balancing the rights of the states and

of individual citizens against the powers of the

central government

The Constitution was general, and the

Amendments were specific

The Declaration of Independence, the U.S.

Constitution and the Bill of Rights are housed in

the Rotunda for the Charters of Freedom at the

National Archives in Washington, D.C.

1st Amendment - Freedom of speech, Freedom of

religion, Freedom of press, Right to assemble, Right to

petition

2nd Amendment – “To keep and bear arms”

3rd Amendment – Prohibition from housing soldiers

4th Amendment – Privacy and security

5th Amendment – Restrictions as to how government

can treat people suspected of crimes

6th Amendment - Informed of nature and cause of

accusation, Confront adverse witnesses, Obtaining

favorable witnesses, Assistance of Counsel for defense

7th Amendment - Right to trial by jury in common

law cases where the value exceeds $20

8th Amendment – Cruel and unusual punishment,

Excessive bail and fines

9th Amendment – Answered objections to those

who thought that naming some rights but not all

might result in government claiming more power

than intended

10th Amendment - Powers not delegated to the

United States by the Constitution are reserved to

the States respectively or to the people