the constitution & law. our complex system of laws what is the form of the law – written or...

The ConstitutionThe Constitution &&

LawLaw

Our Complex System of LawsOur Complex System of Laws What is the Form of the law What is the Form of the law – –

written or unwritten common lawwritten or unwritten common law What is the Source of the lawWhat is the Source of the law – –

constitutional, statutory, caseconstitutional, statutory, case Who are the Parties involvedWho are the Parties involved – –

public, privatepublic, private What Offense does the law coverWhat Offense does the law cover– –

criminal, civilcriminal, civil

Types of LawTypes of Law Social or Moral Law- “mala in se”, Social or Moral Law- “mala in se”,

acts that are wrong in themselves.acts that are wrong in themselves.

PrecedentPrecedent Common Law-Common Law- The system of laws The system of laws

originated and developed in England originated and developed in England and based on court decisions, on the and based on court decisions, on the doctrines implicit in those decisions, doctrines implicit in those decisions, and on customs and usages rather and on customs and usages rather than on codified written laws. than on codified written laws. Case Law-Case Law- Law based on judicial Law based on judicial decision and precedent rather than decision and precedent rather than on statutes. on statutes.

Types of LawTypes of Law

Statutory Law- 'mala prohibita”, Statutory Law- 'mala prohibita”, wrong because it is prohibited. wrong because it is prohibited. Constitutional LawConstitutional Law Ordinary LawOrdinary Law

FederalFederal StateState

OrdinancesOrdinances

Order of Authority of LawOrder of Authority of Law

U.S. Constitution- U.S. Constitution- Supreme Law Supreme Law of the Landof the Land

Treaties with Foreign PowersTreaties with Foreign PowersActs of Congress- Acts of Congress- Federal Statutes Federal Statutes

passed by legislature. passed by legislature.

State ConstitutionsState ConstitutionsState StatutesState Statutes

Common Law/Case LawCommon Law/Case Law

OrdinancesOrdinances

The ConstitutionThe ConstitutionSUPREMACY OF THE NATIONAL GOVERNMENTSUPREMACY OF THE NATIONAL GOVERNMENT

Article IV Section 2Article IV Section 2 This Constitution, and the Laws of the United This Constitution, and the Laws of the United

States which shall be made in Pursuance States which shall be made in Pursuance thereof; and all Treaties made, or which shall thereof; and all Treaties made, or which shall be made, under the Authority of the United be made, under the Authority of the United States, States, shall be the supreme Law of the shall be the supreme Law of the LandLand; and the Judges in every State shall be ; and the Judges in every State shall be bound thereby, any Thing in the Constitution bound thereby, any Thing in the Constitution or Laws of any State to the Contrary or Laws of any State to the Contrary notwithstanding. notwithstanding.

The ConstitutionThe Constitution May 25, 1787May 25, 1787

The Constitutional Convention opens The Constitutional Convention opens June 21, 1788June 21, 1788

The Constitution becomes effective The Constitution becomes effective June 8, 1789June 8, 1789

James Madison introduces the proposed Bill of Rights James Madison introduces the proposed Bill of Rights September 25, 1789September 25, 1789

Congress approves 12 amendments and sends them to the Congress approves 12 amendments and sends them to the states for ratification.states for ratification.

December 15, 1791December 15, 179110 of the 12 proposed amendments become part of the U.S. 10 of the 12 proposed amendments become part of the U.S. Constitution.Constitution.

The ConstitutionThe Constitution

The U.S. Constitution has only 4,400 The U.S. Constitution has only 4,400 words. words.

Over one hundred countries around Over one hundred countries around the world have used it as a model for the world have used it as a model for their own.their own.

It is a living document.It is a living document. It is one of the world's oldest surviving It is one of the world's oldest surviving

and shortest written Constitutions and shortest written Constitutions


Since 1952 it has been stored in the Since 1952 it has been stored in the National Archives Building in Washington, National Archives Building in Washington, D.C. During the daytime, pages one and four D.C. During the daytime, pages one and four of the document are displayed in a bullet-of the document are displayed in a bullet-proof case. The case contains helium and proof case. The case contains helium and water vapor to preserve the paper’s quality. water vapor to preserve the paper’s quality. At night, the pages are lowered into a vault, At night, the pages are lowered into a vault, behind five-ton doors that are designed to behind five-ton doors that are designed to withstand a nuclear explosion. The entire withstand a nuclear explosion. The entire Constitution is displayed only one day a yearConstitution is displayed only one day a year—September 17, the anniversary of the day —September 17, the anniversary of the day the framers signed the document. the framers signed the document.


Contains seven (7) Articles.Contains seven (7) Articles. Article I-THE LEGISLATIVE BRANCH Article I-THE LEGISLATIVE BRANCH Article II- THE EXECUTIVE BRANCH Article II- THE EXECUTIVE BRANCH Article III- THE JUDICIAL BRANCH Article III- THE JUDICIAL BRANCH Article IV- RELATION OF THE STATES TO Article IV- RELATION OF THE STATES TO

EACH OTHER EACH OTHER Article V- AMENDING THE CONSTITUTION Article V- AMENDING THE CONSTITUTION Article VI- NATIONAL DEBTS Article VI- NATIONAL DEBTS Article VII- RATIFYING THE CONSTITUTION Article VII- RATIFYING THE CONSTITUTION

Bill of RightsBill of Rights

Ratified effective December 15, Ratified effective December 15, 1791. 1791.

First 10 Amendments to the U.S. First 10 Amendments to the U.S. Constitution.Constitution.

Initially 12 Amendments proposed.Initially 12 Amendments proposed. Made applicable to the states July 9, Made applicable to the states July 9,

1868 with the passage of the 141868 with the passage of the 14thth Amendment.Amendment.

Bill of RightsBill of Rights Amendment I:Amendment I: Amendment II:Amendment II: AAmendment III:mendment III: Amendment IV:Amendment IV: Amendment V:Amendment V: Amendment VI:Amendment VI: Amendment VII:Amendment VII: Amendment VIII:Amendment VIII: Amendment IX:Amendment IX: Amendment X:Amendment X:

Bill of RightsBill of Rights Amendment I:Amendment I: Freedom of religion, speech, and the press; Freedom of religion, speech, and the press;

rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: AAmendment III:mendment III: Amendment IV:Amendment IV: Amendment V:Amendment V: Amendment VI:Amendment VI: Amendment VII:Amendment VII: Amendment VIII:Amendment VIII: Amendment IX:Amendment IX: Amendment X:Amendment X:


rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: Right to bear arms Right to bear arms AAmendment III:mendment III: Amendment IV:Amendment IV: Amendment V:Amendment V: Amendment VI:Amendment VI: Amendment VII:Amendment VII: Amendment VIII:Amendment VIII: Amendment IX:Amendment IX: Amendment X:Amendment X:


rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: Right to bear arms Right to bear arms AAmendment III:mendment III: Housing of soldiers Housing of soldiers Amendment IV:Amendment IV: Amendment V:Amendment V: Amendment VI:Amendment VI: Amendment VII:Amendment VII: Amendment VIII:Amendment VIII: Amendment IX:Amendment IX: Amendment X:Amendment X:


rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: Right to bear arms Right to bear arms AAmendment III:mendment III: Housing of soldiers Housing of soldiers Amendment IV:Amendment IV: Search and arrest warrants Search and arrest warrants Amendment V:Amendment V: Amendment VI:Amendment VI: Amendment VII:Amendment VII: Amendment VIII:Amendment VIII: Amendment IX:Amendment IX: Amendment X:Amendment X:


rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: Right to bear arms Right to bear arms AAmendment III:mendment III: Housing of soldiers Housing of soldiers Amendment IV:Amendment IV: Search and arrest warrants Search and arrest warrants Amendment V:Amendment V: Rights in criminal cases Rights in criminal cases Amendment VI:Amendment VI: Amendment VII:Amendment VII: Amendment VIII:Amendment VIII: Amendment IX:Amendment IX: Amendment X:Amendment X:


rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: Right to bear arms Right to bear arms AAmendment III:mendment III: Housing of soldiers Housing of soldiers Amendment IV:Amendment IV: Search and arrest warrants Search and arrest warrants Amendment V:Amendment V: Rights in criminal cases Rights in criminal cases Amendment VI:Amendment VI: Rights to a fair trial Rights to a fair trial Amendment VII:Amendment VII: Amendment VIII:Amendment VIII: Amendment IX:Amendment IX: Amendment X:Amendment X:


rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: Right to bear arms Right to bear arms AAmendment III:mendment III: Housing of soldiers Housing of soldiers Amendment IV:Amendment IV: Search and arrest warrants Search and arrest warrants Amendment V:Amendment V: Rights in criminal cases Rights in criminal cases Amendment VI:Amendment VI: Rights to a fair trial Rights to a fair trial Amendment VII:Amendment VII: Rights in civil cases Rights in civil cases Amendment VIII:Amendment VIII: Amendment IX:Amendment IX: Amendment X:Amendment X:


rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: Right to bear arms Right to bear arms AAmendment III:mendment III: Housing of soldiers Housing of soldiers Amendment IV:Amendment IV: Search and arrest warrants Search and arrest warrants Amendment V:Amendment V: Rights in criminal cases Rights in criminal cases Amendment VI:Amendment VI: Rights to a fair trial Rights to a fair trial Amendment VII:Amendment VII: Rights in civil cases Rights in civil cases Amendment VIII:Amendment VIII: Bails, fines, and punishments Bails, fines, and punishments Amendment IX:Amendment IX: Amendment X:Amendment X:


rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: Right to bear arms Right to bear arms AAmendment III:mendment III: Housing of soldiers Housing of soldiers Amendment IV:Amendment IV: Search and arrest warrants Search and arrest warrants Amendment V:Amendment V: Rights in criminal cases Rights in criminal cases Amendment VI:Amendment VI: Rights to a fair trial Rights to a fair trial Amendment VII:Amendment VII: Rights in civil cases Rights in civil cases Amendment VIII:Amendment VIII: Bails, fines, and punishments Bails, fines, and punishments Amendment IX:Amendment IX: Rights retained by the people Rights retained by the people Amendment X:Amendment X:


rights of assembly and petitionrights of assembly and petition Amendment II:Amendment II: Right to bear arms Right to bear arms AAmendment III:mendment III: Housing of soldiers Housing of soldiers Amendment IV:Amendment IV: Search and arrest warrants Search and arrest warrants Amendment V:Amendment V: Rights in criminal cases Rights in criminal cases Amendment VI:Amendment VI: Rights to a fair trial Rights to a fair trial Amendment VII:Amendment VII: Rights in civil cases Rights in civil cases Amendment VIII:Amendment VIII: Bails, fines, and punishments Bails, fines, and punishments Amendment IX:Amendment IX: Rights retained by the people Rights retained by the people Amendment X:Amendment X: Powers retained by the states and the people Powers retained by the states and the people

The First AmendmentThe First Amendment

Freedom of _______Freedom of _______ Freedom of _______Freedom of _______ Freedom of the ____Freedom of the ____ Freedom of _________________Freedom of _________________ Freedom to _______Freedom to _______

What are the five rights guaranteed by the First Amendment?

The First AmendmentThe First Amendment

““Congress shall make no Congress shall make no law respecting an law respecting an establishment of establishment of religionreligion, or prohibiting , or prohibiting the free exercise the free exercise thereof; or abridging thereof; or abridging the freedom of the freedom of speechspeech, or of the , or of the presspress; or the right of ; or the right of the people the people peaceably peaceably to assembleto assemble, and to , and to petitionpetition the the Government for a Government for a redress of grievances.”redress of grievances.”

Freedom of religionFreedom of religion Freedom of speechFreedom of speech Freedom of the pressFreedom of the press Freedom of peaceful Freedom of peaceful

assemblyassembly Freedom to petitionFreedom to petition

The Second AmendmentThe Second Amendment

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

The Second AmendmentThe Second Amendment

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

English Bill of Rights

Third AmendmentThird Amendment

No Soldier shall, in time of peace be No Soldier shall, in time of peace be quartered in any house, without the quartered in any house, without the consent of the Owner, nor in time of consent of the Owner, nor in time of war, but in a manner to be war, but in a manner to be prescribed by law. prescribed by law.

The Fourth AmendmentThe Fourth Amendment

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

Requires Requires ____(1)____ _________(1)____ _____

Forbids Forbids UN___(2)________ UN___(2)________ search and seizuresearch and seizure

(1) Probable Cause- “…whether facts (1) Probable Cause- “…whether facts and circumstances are sufficient to and circumstances are sufficient to warrant a prudent person to warrant a prudent person to believe…believe…

(2) Reasonable- in law, just, rational, (2) Reasonable- in law, just, rational, appropriate, ordinary or usual in the appropriate, ordinary or usual in the circumstances circumstances

The Fifth AmendmentThe Fifth Amendment

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


Guarantees:Guarantees: ___ _______: substantive & procedural___ _______: substantive & procedural

Prohibits:Prohibits: ______ ______________ ________ ____-_________________-_____________


Guarantees:Guarantees: Due process: substantive & proceduralDue process: substantive & procedural

Prohibits:Prohibits: Double jeopardyDouble jeopardy Self-incriminationSelf-incrimination

The Sixth AmendmentThe Sixth Amendment

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


Establishes requirements for criminal Establishes requirements for criminal trials:trials:

A ______ public trial by an impartial jury of A ______ public trial by an impartial jury of one’s peersone’s peers

Be informed of the ______ and _____ of the Be informed of the ______ and _____ of the accusationaccusation

Be confronted with and able to cross-Be confronted with and able to cross-examine _________ against one’s selfexamine _________ against one’s self

Subpoena witnesses in one’s defenseSubpoena witnesses in one’s defense Be represented by _____ ________Be represented by _____ ________


Establishes requirements for criminal Establishes requirements for criminal trials:trials:

A A speedyspeedy public trial by an public trial by an impartialimpartial jury jury of one’s peersof one’s peers

Be informed of the Be informed of the naturenature and and causecause of of the accusationthe accusation

Be confronted with and able to cross-Be confronted with and able to cross-examine examine witnesseswitnesses against one’s self against one’s self

Subpoena witnesses in one’s defenseSubpoena witnesses in one’s defense Be represented by Be represented by legal counsellegal counsel

The Seventh AmendmentThe Seventh Amendment

In Suits at common law, where the In Suits at common law, where the value in controversy shall exceed value in controversy shall exceed twenty (20) dollars, the right of trial twenty (20) dollars, the right of trial by jury shall be preserved, and no by jury shall be preserved, and no fact tried by a jury shall be otherwise fact tried by a jury shall be otherwise re-examined in any Court of the re-examined in any Court of the United States, than according to the United States, than according to the rules of the common law. rules of the common law.

The Eighth AmendmentThe Eighth Amendment

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

BailBail Cruel and unusual Cruel and unusual

punishment – punishment – issues regarding issues regarding the death penalty, the death penalty, torture, stocks, torture, stocks, public humiliation, public humiliation, etc. etc.

The Ninth AmendmentThe Ninth Amendment

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

Government Government powers are limited powers are limited by the rights of the by the rights of the peoplepeople

The Tenth AmendmentThe Tenth Amendment

““The powers not The powers not delegated to the delegated to the United States by United States by the Constitution, the Constitution, nor prohibited by it nor prohibited by it to the States, are to the States, are reserved to the reserved to the States States respectively, or to respectively, or to the people.”the people.”

Embodies Embodies the the principle of principle of federalismfederalism

The Fourteenth AmendmentThe Fourteenth Amendment

Section 1.Section 1.“All persons born or naturalized in the United “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are States, and subject to the jurisdiction thereof, are citizens of the United States and of the State citizens of the United States and of the State wherein they reside. No State shall make or wherein they reside. No State shall make or enforce any law which shall abridge the privileges enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, shall any State deprive any person of life, liberty, or property, without due process of law; nor deny or property, without due process of law; nor deny to any person within its jurisdiction the equal to any person within its jurisdiction the equal protection of the laws.”protection of the laws.”

The Fourteenth AmendmentThe Fourteenth Amendment Selective Incorporation DoctrineSelective Incorporation Doctrine

only those provisions of the Bill of Rights only those provisions of the Bill of Rights fundamental to the American legal process are fundamental to the American legal process are applicable to the states through the due process applicable to the states through the due process clauseclause

the Second Amendment remains nonincorporated the Second Amendment remains nonincorporated (i.e., not made applicable to the states)(i.e., not made applicable to the states)

Due Process Due Process Specifically orders state and local officers to provide Specifically orders state and local officers to provide

the legal protections of due process.the legal protections of due process.

Equal ProtectionEqual Protection ““all people are created equal”all people are created equal”

Amendment XI:Amendment XI: Lawsuits against states Lawsuits against statesThe Eleventh Amendment was proposed on March 4, 1794, The Eleventh Amendment was proposed on March 4, 1794, and ratified on February 7,1795. and ratified on February 7,1795.

Amendment XII:Amendment XII: Election of the President and Vice Election of the President and Vice PresidentPresidentThe Twelfth Amendment was proposed on December 9, 1803, The Twelfth Amendment was proposed on December 9, 1803, and ratified on July 27, 1804. and ratified on July 27, 1804.

Amendment XIII:Amendment XIII: Abolition of slavery Abolition of slaveryThe Thirteenth Amendment was proposed on January 31, The Thirteenth Amendment was proposed on January 31, 1865, and ratified on December 6, 1865.1865, and ratified on December 6, 1865.

Amendment XIV:Amendment XIV: Civil rights Civil rightsThe Fourteenth Amendment was proposed on June 13, 1866 The Fourteenth Amendment was proposed on June 13, 1866 and ratified on July 9, 1868.and ratified on July 9, 1868.

Amendment XV:Amendment XV: Black suffrage Black suffrageThe Fifteenth Amendment was proposed on February 26, The Fifteenth Amendment was proposed on February 26, 1869, and ratified on February 3, 1870.1869, and ratified on February 3, 1870.

Amendment XVI:Amendment XVI: Income taxes Income taxesThe Sixteenth Amendment was proposed on July 12, 1909, The Sixteenth Amendment was proposed on July 12, 1909, and ratified on February 3, 1913.and ratified on February 3, 1913.

Amendment XVII:Amendment XVII: Direct election of senators Direct election of senatorsThe Seventeenth Amendment was proposed on May 13, 1912, The Seventeenth Amendment was proposed on May 13, 1912, and ratified on April 8, 1913.and ratified on April 8, 1913.

Amendment XVIII:Amendment XVIII: Prohibition of liquor Prohibition of liquorThe Eighteenth Amendment was proposed on December 18, The Eighteenth Amendment was proposed on December 18, 1917, and ratified on January 16, 1919. It was repealed by the 1917, and ratified on January 16, 1919. It was repealed by the Twenty-First Amendment, December 5, 1933.Twenty-First Amendment, December 5, 1933.

Amendment XIX: Woman suffrageAmendment XIX: Woman suffrageThe Nineteenth Amendment was proposed on June 4, 1919, The Nineteenth Amendment was proposed on June 4, 1919, and ratified on August 18,1920. and ratified on August 18,1920.

Amendment XX: Terms of the President and CongressAmendment XX: Terms of the President and CongressThe Twentieth Amendment was proposed on March 2, 1932, The Twentieth Amendment was proposed on March 2, 1932, and ratified on January 23,1933.and ratified on January 23,1933.

Amendment XXI: Repeal of prohibitionAmendment XXI: Repeal of prohibitionThe Twenty-First Amendment was proposed on February 20, The Twenty-First Amendment was proposed on February 20, 1933, and ratified on December 5, 1933. 1933, and ratified on December 5, 1933.

Amendment XXII: Limitation of Presidents to two termsAmendment XXII: Limitation of Presidents to two termsThe Twenty-Second Amendment was proposed on March 24, The Twenty-Second Amendment was proposed on March 24, 1947, and ratified on February 27, 1951.1947, and ratified on February 27, 1951.

Amendment XXIII:Amendment XXIII: Suffrage in the District of Columbia Suffrage in the District of ColumbiaThe Twenty-Third Amendment was proposed on June 16, The Twenty-Third Amendment was proposed on June 16, 1960, and ratified on March 29, 1961. 1960, and ratified on March 29, 1961.

Amendment XXIV:Amendment XXIV: Poll taxes Poll taxesThe Twenty-Fourth Amendment was proposed on August 27, The Twenty-Fourth Amendment was proposed on August 27, 1962, and ratified on January 23, 1964.1962, and ratified on January 23, 1964.

Amendment XXV:Amendment XXV: Presidential disability and succession Presidential disability and successionThe Twenty-Fifth Amendment was proposed on July 6, 1965, The Twenty-Fifth Amendment was proposed on July 6, 1965, and ratified on February 10, 1967.and ratified on February 10, 1967.

Amendment XXVI:Amendment XXVI: Suffrage for 18-year-olds Suffrage for 18-year-oldsThe Twenty-Sixth Amendment was proposed on March 23, The Twenty-Sixth Amendment was proposed on March 23, 1971, and ratified on July 1, 1971.1971, and ratified on July 1, 1971.

Amendment XXVII:Amendment XXVII: Congressional salaries Congressional salariesThe Twenty-Seventh Amendment was proposed on September The Twenty-Seventh Amendment was proposed on September 25, 1789, and ratified on May 7, 1992.25, 1789, and ratified on May 7, 1992.

Proposed AmendmentsProposed Amendments 1876: an attempt to abolish the United States Senate1876: an attempt to abolish the United States Senate 1876: the forbidding of religious leaders from occupying a 1876: the forbidding of religious leaders from occupying a

governmental office or receiving federal fundinggovernmental office or receiving federal funding 1878: an Executive Council of Three should replace the office 1878: an Executive Council of Three should replace the office

of Presidentof President 1893: renaming this nation the “United States of the Earth”1893: renaming this nation the “United States of the Earth” 1893: abolishing the United States Army and Navy1893: abolishing the United States Army and Navy 1894: acknowledging that the Constitution recognizes God 1894: acknowledging that the Constitution recognizes God

and Jesus Christ as the supreme authorities in human affairs.and Jesus Christ as the supreme authorities in human affairs. 1912: making marriage between races illegal1912: making marriage between races illegal 1914: finding divorce to be illegal1914: finding divorce to be illegal

Proposed AmendmentsProposed Amendments 1916: all acts of war should be put to a national vote. Anyone 1916: all acts of war should be put to a national vote. Anyone

voting yes had to register as a volunteer for service in the voting yes had to register as a volunteer for service in the United States ArmyUnited States Army

1933: an attempt to limit the personal wealth to $1 million1933: an attempt to limit the personal wealth to $1 million 1936: an attempt to allow the American people to vote on 1936: an attempt to allow the American people to vote on

whether or not the United States should go to warwhether or not the United States should go to war 1938: the forbidding of drunkenness in the United States and 1938: the forbidding of drunkenness in the United States and

all of its territoriesall of its territories 1947: the income tax maximum for an individual should not 1947: the income tax maximum for an individual should not

exceed 25%exceed 25% 1948: the right of citizens to segregate themselves from others1948: the right of citizens to segregate themselves from others 1971: American citizens should have the alienable right to an 1971: American citizens should have the alienable right to an

environment free of pollution.environment free of pollution.

Criminal LawCriminal Law

FelonyFelony::

a serious crime a serious crime

generally punishable generally punishable

by death or by death or imprisonment for imprisonment for more than one more than one

yearyear

MisdemeanorMisdemeanor::

a minor offense a minor offense generally generally

punishable by a punishable by a fine or a short term fine or a short term

of confinement, of confinement, usually less than usually less than

one yearone year

MinnesotaMinnesota Felony.Felony. "Felony" means a crime for which a sentence of "Felony" means a crime for which a sentence of

imprisonment for more than one year may be imposed.imprisonment for more than one year may be imposed.

Misdemeanor.Misdemeanor. "Misdemeanor" means a crime for which a "Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not more than sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed.$1,000, or both, may be imposed.

Gross Misdemeanor.Gross Misdemeanor. "Gross misdemeanor" means any "Gross misdemeanor" means any crime which is not a felony or misdemeanor. The maximum crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is fine which may be imposed for a gross misdemeanor is $3,000. $3,000.

Petty Misdemeanor.Petty Misdemeanor. "Petty misdemeanor" means a petty "Petty misdemeanor" means a petty offense which is prohibited by statute, which does not offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed. more than $300 may be imposed.

To prove a crime has been To prove a crime has been committed, it is usually committed, it is usually

necessary to prove:necessary to prove:

Actus reusActus reus – material – material elements of the criminal elements of the criminal actact

Mens reaMens rea – criminal – criminal intentintent

Criminal vs. CivilCriminal vs. Civil

CrimeCrime Public wrongPublic wrong State prosecutesState prosecutes Seeks to punishSeeks to punish Criminal intent Criminal intent

requiredrequired

TortTort Private wrongPrivate wrong Individual Individual

prosecutesprosecutes Seeks redress for Seeks redress for

injuryinjury Intent not Intent not

necessarynecessary

42 U.S.C. 42 U.S.C. §§ 1983 1983

Anyone acting under Anyone acting under the authority of local the authority of local

or state law who or state law who violates another violates another

person’s person’s constitutional rights constitutional rights – even though they – even though they are upholding a law are upholding a law

– can be sued.– can be sued.(Section 1983 of 42 U.S. Code)(Section 1983 of 42 U.S. Code)

Police PowerPolice Power

Police power is derived from the U.S. Police power is derived from the U.S. Constitution, U.S. Supreme Court decisions, Constitution, U.S. Supreme Court decisions, federal statutes, state constitutions, state federal statutes, state constitutions, state statutes, state court decisions and various statutes, state court decisions and various municipal charters and ordinances.municipal charters and ordinances.

Police power ultimately rests with the people Police power ultimately rests with the people because their elected representatives create because their elected representatives create the laws that the police enforce.the laws that the police enforce.

Police power is restricted by the Constitution, Police power is restricted by the Constitution, the 14the 14thth Amendment, and the courts. Amendment, and the courts.

Works CitedWorks Cited

Introduction to Law Enforcement and Criminal JusticeIntroduction to Law Enforcement and Criminal Justice The American Quest for Freedom and Justice: Our LawsThe American Quest for Freedom and Justice: Our Laws

Henry M. Wrobleski and Henry M. Wrobleski and Kären M. HessKären M. Hess

https://www.revisor.leg.state.mn.us/pubs/

http://www.constitutionfacts.com/

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