Final Exam Final is not cumulative Constitution 225 years ago it was controversial society back then was characterized by kings and queens rich and poor and no middle class This decided that men and women be able to think and have control in their lives Flawed it legitimized slavery slaves were counted as 3 5 of a person Came from a political process bran convention delegation that met to form the articles of confederation The grand convention of 77 was to change the articles of confederation they were there for 5 months they met in secret only 70 men were there 12 13 states sent delegates James Madison was the primary writer of the constitution Thomas Jefferson and John Adams were not there The rep at the convention did not need to be leaked Did not provide for taxes universal coin treaty power unless unanimous consent and army power After the 5 months the convention 39 men approved it went back to their congress and told them about what they had done They debated for two days they thought about penalizing the people that change the articles Constitution Convention The congressmen decided to summit the constitution to the 13 states and they had to decide on their own to approve it with in the state 10 months before Connecticut approved the constitution 9 of the states had to approve it in order for the document to be used Called for a federal government system calls for a team approach to government sharing of power between three branches some power is national or stated Divestment of power 27 changes to constitution 10 changes in the first two years Representative democracy Bill of rights constitution The first 10 amendments there were originally 12 amendments proposed to the This was a compromise for the constitution to be approved Rights the government could not control and can never be taken away Supremacy clause any law by anyone federal state local that violates the constitution will not be held up in court Some of the sharing of power is exclusive in the federal government and some is exclusive in the state Only the federal government can wage war coin money and immigration citizenship Preemption doctrine If congress senate and house of representatives if they pass a law that states a doctrine it has a national approach to it it voids a state local law Provision for voting white male and had to own real state 1965 african American could vote 1920 Women could vote 1924 american Indians could vote Full faith in credit any law or any decisions made in a court is entitled to enforcing laws in another state Like money due to someone Bill of rights protect individuals against in proper or intrusive laws but do not protect you and me from each other because you are not government First amendment individual rights freedom of speech any kind of communication cannot be abridges by the government Establishment clause They can prohibit some speech like o To overthrow public authority Cannot yell fire in a theater o Defamation communication that tells other people lies and untruths that causes them to be held in a lesser light credibility o Speech that is obscene freedom of religion government cannot sanction one specific religion over another Free exercise clause the government cannot interfere with religion Freedom of press limitations are any speech that obscene as determined by Allows people to peacefully assemble to voice opinions against the government Second amendment possession of fire arms some individual rights to own some community standards fire arms Fourth amendment individual privacy certain things we all have that are private and the government cannot intrude on them roe v wade abortion prevents unreasonable searches Amendment five eminent domain portions prevents the government form taking your assets have to have a public purpose and have to pay you market value Sixth Amendment right to legal council Seventh Amendment right to jury council Ninth and tenth do not have much balance today Eighth Amendment pertains to cruel and unusual punishment Thirteenth amendment abolished slavery Fourteenth amendment civil war amendment laws require equal protection but we permit not all to be treated equal Suspect criteria Affirmative action against people who have been disliked discriminate o Concept of attainder any kind of legislative enactment can be penalized somehow without a trial is not valid o Free word phrase ex post facto law passed to make innocent not criminal Fifteenth amendment slaves have the right to vote grandfather clause Sixteenth amendment equal protection Income taxes civil war amendment Grandfather clause an attempt to indicate that you would have no rights under the new laws you have as many rights if your grandfather did Any legislative enactment there has to be rational Eighteenth amendment prohibition of alcohol Nineteenth amendment female granted right to vote Twenty second amendment only allows a president to serve two terms Twenty sixth amendment eighteen year olds can vote Review Declaration on independence the original copy was written on cow hide not the first declaration a year before the king wrote on to show the rebellion Was approved in July 2 first printed until July 4 1800 Sitting president john Adams Thomas Jefferson won the election because there was a tie 10 presidents under the article of confederation Only 39 approved of the constitution Jersey plan small majority wanted this wanted equality in representation similar to the articles of confederation Connecticut plan compromise plan stands for division and branches legislative branch is divided into the senate the House of Representatives based on population In the south a slave was counted as 3 5 of a person Sunshine law if you have three legislators that get together you have to tell the public Patrick henry was against the constitution give me liberty or give me death he was a big believer of individual rights At the time each state pushed its favorite religion new Hampshire Massachusetts and Connecticut Alexander Hamilton and James Madison were pushing the constitution they printed pamphlets about it Concepts of judicial review Due Process that there are limitations on governmental action towards us there has to be a fair procedure Government has to inform you about changes they are proposing You have a right to participate in the process This was very radical at the time Implies to individuals as well in civil cases and criminal cases Division of power between three branches on
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