““We the People We the People …”…”

Bruce A. CourtadeBruce A. CourtadeDavid E. BevinsDavid E. Bevins

September 20, 2011September 20, 2011

Three Words that Changedthe World and Why They are

Still Important Today

What Were the Signers of the What Were the Signers of the Constitution Thinking?Constitution Thinking?

Who Were the Signers of the Who Were the Signers of the Constitution?Constitution?

Goal = “Benefit of the Goal = “Benefit of the Bargain.”Bargain.”

Three basic remedies:Three basic remedies:1.1. Monetary DamagesMonetary Damages

2.2. Injunctive ReliefInjunctive Relief

3.3. Specific PerformanceSpecific Performance

What Difference Does the What Difference Does the Constitution Make to Constitution Make to YOUYOU??

Separation of PowersSeparation of Powers

Legislative (Congress)Legislative (Congress) Passes bills; has broad taxing and spending power; controls Passes bills; has broad taxing and spending power; controls

the federal budget. the federal budget.

Has sole power to declare war. Has sole power to declare war.

Oversees, investigates, and makes the rules for the Oversees, investigates, and makes the rules for the government and its officers. government and its officers.

Ratification of treaties signed by the President and gives Ratification of treaties signed by the President and gives advice and consent to presidential appointments to the advice and consent to presidential appointments to the federal judiciary, federal executive departments, and other federal judiciary, federal executive departments, and other posts (Senate only).posts (Senate only).

Has sole power of impeachment (House of Representatives) Has sole power of impeachment (House of Representatives) and trial of impeachments (Senate); can remove federal and trial of impeachments (Senate); can remove federal executive and judicial officers from office for high crimes executive and judicial officers from office for high crimes and misdemeanors.and misdemeanors.

Separation of PowersSeparation of Powers

Executive (President)Executive (President) Has all the Executive Power.Has all the Executive Power.

Is commander-in-chief of the armed forces.Is commander-in-chief of the armed forces.

May veto bills passed by Congress.May veto bills passed by Congress.

Declares states of emergency and publishes regulations Declares states of emergency and publishes regulations and executive orders.and executive orders.

Makes appointments to the federal judiciary, federal Makes appointments to the federal judiciary, federal executive departments, and other posts with the Senate’s executive departments, and other posts with the Senate’s advice and consentadvice and consent

Has the power to grant reprieves and pardons. Has the power to grant reprieves and pardons.

Separation of PowersSeparation of Powers

Judicial (Supreme Court)Judicial (Supreme Court) Exercises judicial review, reviewing the constitutionality of Exercises judicial review, reviewing the constitutionality of

laws.laws.

Determines how Congress meant the law to apply to Determines how Congress meant the law to apply to disputes.disputes.

Federal judges serve for life.Federal judges serve for life.

What Rights are Given to You by What Rights are Given to You by the Constitution?the Constitution?

What Rights are Given to You by What Rights are Given to You by the Constitution?the Constitution?

NONE!!!• The Ninth Amendment declares: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

11stst Amendment: Amendment:Freedom of Speech and ReligionFreedom of Speech and Religion

Fifth Amendment ProtectionsFifth Amendment Protections

• Cannot be forced to testify against yourself in a criminal trial

• Double jeopardy

• Right to Due Process

Sixth Amendment ProtectionsSixth Amendment Protections

• Right to a trial by a jury of your peers

Freedom From Racial Freedom From Racial DiscriminationDiscrimination1313thth Amendment Amendment: :

Section 1Section 1. Neither slavery nor involuntary . Neither slavery nor involuntary servitude, except as a punishment for crime servitude, except as a punishment for crime whereof the party shall have been duly whereof the party shall have been duly convicted, shall exist within the United States, convicted, shall exist within the United States, or any place subject to their jurisdiction. or any place subject to their jurisdiction.

Section 2Section 2. Congress shall have power to . Congress shall have power to enforce this article by appropriate legislation.enforce this article by appropriate legislation.

Freedom from Racial Freedom from Racial DiscriminationDiscrimination

Plessy v FergusonPlessy v Ferguson (United States (United States Supreme Court, 1896): “Separate but Supreme Court, 1896): “Separate but equal” facilities are OK. equal” facilities are OK.

Freedom from Racial Freedom from Racial DiscriminationDiscrimination

Brown v Topeka Board of Brown v Topeka Board of EducationEducation(United States Supreme (United States Supreme Court, 1954): Segregation outlawed in Court, 1954): Segregation outlawed in public schools.public schools.

Freedom from Racial Freedom from Racial DiscriminationDiscrimination

Rosa Parks and the Montgomery Bus Rosa Parks and the Montgomery Bus StrikeStrike

Freedom from Racial Freedom from Racial DiscriminationDiscrimination

Rosa Parks and the Montgomery Bus Rosa Parks and the Montgomery Bus StrikeStrike

What is the Lesson We Learn from What is the Lesson We Learn from Rosa Parks?Rosa Parks?

What is the Lesson We Learn from What is the Lesson We Learn from Rosa Parks?Rosa Parks?

The power of one person …The power of one person …

The strength of one voice …The strength of one voice …

The Framers’ wisdom … andThe Framers’ wisdom … and

The Constitution’s enduring power to The Constitution’s enduring power to preserve and protect the rights of preserve and protect the rights of every person in the United States.every person in the United States.