Changes

{{Government Lectures}}

{{Government Lectures}}

In this class we focus on the Bill of Rights, with a review of the judiciary.  When the U.S. Constitution was ratified in 1788, there was concern by many Americans that the document did not have enough protections against ever-growing government power.  These concerns were well-placed, and many today on both sides of the political spectrum complain about how powerful and overbearing government has become.

 

In this class we return to the judiciary, with a special focus on the Bill of Rights.  When the U.S. Constitution was ratified in 1788, there was concern by many Americans that the document did not have enough protections against ever-growing government power.  These concerns were well-placed, and many today on both sides of the political spectrum complain about how powerful and overbearing government has become.

The original Constitution established the basic structure of the federal government, but included very few protections for individual rights.  Advocates of the Constitution, including Alexander Hamilton and James Madison, insisted that special safeguards for individuals against government power was unnecessary, because the Constitution granted only limited powers to the new federal (national) government.  This new "United States" government could not infringe on individual rights because the Constitution did not give it the power to so infringe.  But as the ratification debate ensued in various states, particularly the then=large states of Virginia, New York, and Massachusetts, supporters of the Constitution had to promise they would quickly amend the Constitution with a "Bill of Rights" to prevent the new United States government from growing too powerful.

The original Constitution established the basic structure of the federal government, but included very few protections for individual rights.  Advocates of the Constitution, including Alexander Hamilton and James Madison, insisted that special safeguards for individuals against government power was unnecessary, because the Constitution granted only limited powers to the new federal (national) government.  This new "United States" government could not infringe on individual rights because the Constitution did not give it the power to so infringe.  But as the ratification debate ensued in various states, particularly the then=large states of Virginia, New York, and Massachusetts, supporters of the Constitution had to promise they would quickly amend the Constitution with a "Bill of Rights" to prevent the new United States government from growing too powerful.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Amendment I

'''Amendment I'''

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

'''Amendment II'''

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.

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.

Amendment III

'''Amendment III'''

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.

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.

Amendment IV

'''Amendment IV'''

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

'''Amendment V'''

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

'''Amendment VI'''

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

'''Amendment VII'''

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

'''Amendment VIII'''

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

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

Amendment IX

'''Amendment IX'''

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

'''Amendment X'''

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 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.

In one of the most stunning political upsets in American history. ratification of ERA was halted at 35 States, 3 short of the 38 States needed to become part of the Constitution.  Congress even extended the deadline for ratification from 1979 to 1982, but no additional States passed it, and a few States even rescinded their prior passage of it.  On June 30, 1982, the last day of the ratification period set by Congress, Stop ERA group held a victory party in D.C. - which your instructor attended.

In one of the most stunning political upsets in American history. ratification of ERA was halted at 35 States, 3 short of the 38 States needed to become part of the Constitution.  Congress even extended the deadline for ratification from 1979 to 1982, but no additional States passed it, and a few States even rescinded their prior passage of it.  On June 30, 1982, the last day of the ratification period set by Congress, Stop ERA group held a victory party in D.C. - which your instructor attended.

== Federal Cases ==

== Federal Cases ==