Review- U.S. Constitution

How is the Constitution a living document?

• It's literally alive

• It was designed to evolve over time to be changed

• It was made to be impossible to change

• It's made to be updated yearly by Congress

Why is it important the Constitution evolve over time?

• The Constitution does not evolve, it has remained the same since the founders created it

• So that each political party can update it every election cycle

• The Constitution was made to not ever change

• society's expectations and norms evolve, so should our Constitution to reflect that along with protecting rights to reflect change

What is the Supremacy Clause?

• It puts Congress as the highest power in the government above all other branches.

• It states that the President is the Supreme decision maker in all government decisions

• US Federal laws & the Constitution are the highest in the land, stats cannot make laws that go against either

• It establishes the Supreme Court as the Supreme branch of government

Separation of Powers

• Govt is separated into branches with their own powers so that no branch is the most powerful

• Congress is separated into two houses so that lawmaking is easier

• Idea from John Locke that all people are born with

• Congress is separated into committees

Montesquieu "Spirit of the Laws"

• for freedom of speech and against cruel and unusual punishment

• all men are created equal

• life, liberty, and property

• advocated for separation of powers

Checks and balances

• branches have ways of checking the powers of the other branches

• how to make sure you know how much money you have in your bank account

• Congress checks all actions of the President

• The Supreme Court checks each law Congress makes

1st Amendment

• right to bear arms

• Freedom of speech, religion, press, assembly, petition the govt

• no cruel and unusual punishment

• no quartering of soldiers during peacetime

5th Amendment

• Criminal Proceedings, due process, eminent domain, double jeopardy, protection from self incrimination

• freedom of speech, assembly, the press, religion, petition the govt

• I plead the fifth

• the right to a lawyer

6th Amendment

• Miranda rights

• Right to a speedy trial by a judge who will decide guilt or innocence and the punishment

• Speedy trial by jury, right to an attorney (even if one cannot be afforded)

• protects against not having due process

14th Amendment

• Declares all persons born in the U.S. are citizens and are guaranteed equal protection of the law

• establishes the Constitution as the Supreme Law of the land

• bans any form of cruel and unusual punishment, guarantees the right to a fair trial and the right to a lawyer

• Gives states the power to decide anything not in the Constitution