U.S. ConstitutionA Living Document

1. Freedom of religion, speech, press, assembly, petition

2. Right of people to bear arms3. Soldiers shall not be quartered

in private homes4. Right to be secure in their

persons, houses, papers, etc., and against unreasonable searches

5. Right to notice of charges, protection from double jeopardy, testifying against oneself, and punishment without due process of law

6. Right to speedy trial by jury, to confront witnesses, to counsel

7. Right to trial by jury8. Protection against excessive

bail, and cruel and unusual punishment

9. These stated rights do not mean that people could not have other rights, as well

10. Powers not given to the US in the Constitution are reserved for the States

How have changes or amendments to the U.S. Constitution

Impacted Democracy ?

Have amendments to the US Constitution

restricted or expandeddemocracy?

Read the Amendments

Joe’s View

Constitutional IssuesGenerally concerned with

the question,

Can the government

do that?

Can the government do that?

The Constitutionarticulates thepowers of the

governmentand

the limits on that power.

But,analyzing and

interpreting the constitution

can be complicated!

Constitutional Analysis

❶

What does the constitution say?

❷

How have the courts interpreted and applied

the constitution in similar cases in the

past?

Is it Constitutional?Can the government prohibit or regulate gun ownership

by individuals in the U.S. ?

US Constitution2nd Amendment

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

U.S. Supreme Court Decisions

• 2008: District of Columbia v. Heller

The Federal government may not ban an individual’s right to own guns.

• 2010: McDonald v. Chicago

State and Local governments may not ban an individual’s right to own guns.

Constitutional disputes and analysiswill never end!

A. The constitution, itself, changes

B. Societal values and conditions change

C. Judges change

A. The Constitution Changes

Can people own slaves?1789

The original U.S. Constitution acknowledged and permitted slavery.

About half the states chose to practice

slavery.

186513th Amendment

“Neither slavery nor involuntary servitude, except as a

punishment for crime whereof the party shall have been duly

convicted, shall exist within the United States, or any place

subject to their jurisdiction.”

A. The Constitution Changes

Who can vote?• Each state decides

who can vote.

• Originally, all states severely restricted the right to vote

• 1870; 15th A. Non-whites

• 1920: 19th A. Females

• 1964: 24th A. The Poor

• 1971: 26th A. 18-20 Year Olds

Can same-sex couples marry in CA?

• 1850-2003 Only heterosexual couples allowed to marry in CA• 2004 (Feb.) S.F. Mayor Gavin Newsom decided that the CA Constitution

provides gay couples the right to marry, so he ordered that gay couples be allowed to marry in S.F.

“A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all

citizens.”

• 2004 (Aug) CA Supreme Ct. ruled Mayor Newsom acted beyond his authority, it annulled all the gay marriages that had been perfomed in S.F., and it agreed that it would consider the issue.

Can same-sex couples marry in CA?

• 2008 (May) CA Supreme Ct. ruled that denying same-sex couples the right to marry does violate the CA

Constitution» From June 16-November 5, 2008, roughly 12,000 same sex

couples were married in CA; they are still married.

• 2008 (Nov) CA voters passed Proposition 8 (52.5% to 47.5%) which amended the CA Constitution by adding:“Only marriage between a man and a woman is valid

or recognized in California.”

• 2009 CA Supreme Ct. ruled that denying same-sex couples the right to marry does not violate the CA Constitution

Can same-sex couples marry in CA?

• 2010 A U.S Federal Court appeals judge ruled that CA Prop 8 violates the US Constitution’s right to “equal protection” of the law, but he ruled that same-sex couples cannot start getting married until the issue is considered by a higher appeals court

14th Amendment: “No State shall…deny to any person within its jurisdiction the equal protection of the laws.”

• 2012 A U.S Federal Court appeals judge ruled that CA Prop 8 violates the US Constitution’s right to “equal protection” of the law

• ? The US Supreme Court has been asked to consider and decidethe issue.

B. Societal Values Change

Can Black, Indian, Hispanic, Chinese, Japanese, and Filipino students be required to attend racially segregated schools?

14th Amendment: “No State shall…deny to any person within its jurisdiction the equal protection of the laws.”

1896Plessy v. Ferguson

Yes

1954Brown v. Bd. of Education

No

B. Societal Values Change

Religion and Prayer in the Public SchoolsAmendment 1: “Congress shall make no laws respecting the establishment of religion, or

prohibiting the free practice thereof”

Over time, the Supreme Court has ruled schools cannot:• Teach students a general Protestant religion and the King James Bible• Begin the school day wih a generic prayer to God• Begin the school day with a reading from various sacred texts• Begin the graduation ceremony with a prayer• Begin extracurricular events like football games with a team prayer• Begin the school day with a silent prayer• Post a copy of the Ten Commandments in the school library• Begin the school day with students reciting the Pledge of Allegiance?• Teach Creationism or Intelligent Design in Science classes?

C. Judges Change

Can states execute convicted criminals?Amendment 8

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.”

The US Supreme Court has ruled on Capital Punishment:• 1976: Death penalty does not violate 8th Amendment• 1986: States cannot execute the insane• 1989: States can execute minors under 18• 1989: States can execute the mentally retarded• 2002: States cannot execute the mentally retarded• 2005: States cannot execute minors under 18

C. Judges Change

Can the government limit the money that corporations and unions contribute to election campaigns?

• 1990 Yes• 2002 Yes• 2010 No

C. Judges Change

Can the government deny a woman the right to choose to have an abortion?

1963 2012 ?

No

X

X X

X

?

??

X

X

Constitutional Analysis

Can the Government Do That?

❶

What does the constitution say?

❷

How have the courts interpreted and applied

the constitution in similar cases in the

past?

Remains a living,

relevant,and extremely important

document.