Lecture Notes on the History and Structure of the Constitution and the Bill of Rights - Pr, Study notes of Criminal Justice

Download Lecture Notes on the History and Structure of the Constitution and the Bill of Rights - Pr and more Study notes Criminal Justice in PDF only on Docsity! January 23, 2013 CJA Cont Issues Lecture Notes for Exam 1 Section ONE Lecture Notes- Fundamental Principles Inherent in the Constitution History and Structure of the Constitution and the Bill of Rights Constitution has 7 Articles; we will be studying the first 3 Articles. The purpose of the Constitution was to set up a New Government; we have State Government and National Government known as our Federal Government. The Constitution set up this NEW Government and the structure of our Governments. The Articles are known as the Separation of Powers We have Three Branches of Government 1st Article the Legislative Branch of the Federal Government known as Congress The most specific and longest article which could run for congress; when Congress meets; and what can Congress do. 2nd Article Sets up the Executive Powers, the President, it is not nearly as lengthy as the first Article but very important. 3rd Article Powers of the Judicial Branch, the set-up of the Supreme Court. 4-7 Articles are important due to Political Reasons, not being studied at this time. No mention of the Rights to an Attorney or Search and Seizure Rights were found in the Constitution until Amendments were introduced to the Constitution 2 Years after the Constitution was written. The Amendments became the Bill of Rights. 1215- Magna Carta was signed: A lengthy document, a contract signed by King of England, King John and Wealthy Land Owners. The land owners were tired of the treatment of King John, they didn’t like being taxed or having their workers follow orders of the King. Therefore, a group of wealthy landowners got together and had a meeting with the King. The land owners convinced the King to sign a document which allowed the right to a jury trial, habeas corpus, the right to challenge incarceration if locked up, it authorized land owners due process before their land was confiscated. This is the first time in History that a King was bond by the law. That is why Magna Carta was so important. Now, no man is above the law and has created a democracy around the world. 1606- The English first settled in America. Primarily the English, some French, some Spanish. How did people settle in America? Some people came on their own, some received Charters (a contract), which were issued by the King for the right to settle in America. William Taft was one of the first to receive a Charter from the King for his rights to claim a particular piece of land in America. Some land was purchased by Business Owners. The Business Owners would purchase stocks and issue/sell them to people who wanted to come to America. The more and more people who came to America resulted in communities and due to the increase in population people started governing themselves. Early colonies started governing and therefore started electing important people to roles with governing powers. 1639- The Commonwealth of Maryland was one of the 13 colonies; Maryland had already established a written Bill of Rights. Maryland Act *English Parliament, one of the laws passed was called “Quartering”. This law passed by Parliament required an America colonist to care for a British soldier should one appear at your door. The requirement included feeding, clothing, and anything the British soldier requested. Most were happy to do this because they were serving the King. Remember, during this time, America’s leader was the King of England. The problem was if those colonists who didn’t like the King of England felt that they shouldn’t have to do what the King of England requested because they were on their own in a New World. Those was opposed this stood criminal charges. Another law that the Parliament passed was the law that prohibited colonist from settling west of the Mississippi. The Stamp Act also was a law passed to tax goods purchased from England. These taxes were outrageous. Colonists were also taxed by making and receiving goods to England. This got the Colonist thinking, they didn’t like these laws being passed by the Parliament in England. 1760- Stamp Act passed by Parliament 1765- Stamp Act Congress got together to talk about the Parliament laws; the meeting consisted of 9 delegates from 13 Colonies. The document was drafted in Massachusetts and presented in New York with a meeting between 1-3 delegates and the King’s representatives. The petition that was sent to the King from Congress was to stop the Stamp Act or else. This importance of the Stamp Act was that it unified the colonist into working together and leads us into the creation of our Federal Government. 1765-1770- marked a period of time where tensions escalate and brewing out of control on the grounds. The colonists wanted independence from England. A man name Thomas Paine started advocating for freedom from the British. 1773- Boston Tea Party 1774- Conn Congress Meeting, new representatives, delegates from all colonies except for Rhode Island. Rhode Island taxed all goods that would pass through there state. Good for Rhode Island, bad for everyone else. Three things came out of this meeting. 1.) Agreement to Boycott any British Products; 2.)Grievances sent to King George and 3.)Adopted resolution defining rights. 1775- The first shots were fired and we are at war. 1775- The 2nd Conn Congress meeting, action was required by the delegates, 1.) a vote for Army to be established. Vote was successful, 2.) Conn Congress seeks leader, electing the tallest man in the room. It was George Washington standing at 6.5; and had some military experience. George Washington becomes Commander in Chief. 3.) Decision was to draft the Declaration of Independence. The colonies became States. The States were united. 1777- A year after the meeting, 2nd Conn Congress meets again, and drafted Articles of Confederation. States agree to a loosely formed Union. The Articles gave power to control Indians, Power to borrow money for cost of War, and the Power to wage War. No power to tax, No power to regulate trade. 1781- Articles of Confederation Adopted. We went from a loose federation to a New Government; we had two political parties that began to be formed during this time. 1. Federalists Party and 2. Anti- Federalists. Core beliefs of each party. 1. Federalists- Believed that the articles of the confederation were too weak and that we needed something stronger. We needed a New Federal Government. Very forceful about to make their demands for a New Government. Two reason why? 1.) To win the war and to keep the peace. Had to have a strong Government to defend against possible attacks from other countries. We ***Executive Orders and pass through each branch of Government --One branch intrudes on another’s branches powers periodically. ***Subpoena President?? (Clarify) Remember something about the President can’t be subpoena while in office?? ***Substantial Interference??(Clarify) Does the intrusion by the one branch “substantially interfere” with the other branch’s duties Case Clinton v. Jones (1997) President Bill Clinton Case- Clinton 1991 Government of AR. State of AR Dept. of Congress Conference, Paula Jones employed was there helping out for the conference. Ms. Paula Jones said that the President Sexually Assaulted her claiming he made advances and filed several civil suits, Clinton denies all allegations. Then while President, Clinton’s Lawyers made Contractual Agreement that while President he didn’t feel he should have to answer to Civil Suits. For Substantial Interference one branch can show the other branches are being interfered with they must show “Substantial Interference”. Clinton lost the augment and case went forward, they settled out of court, Clinton lost his Law License. Section ONE – Fundamental Principles Inherent in the Constitution Continues… ***The political climate: the Schiavo case and the assault on the judicial branch??? (Clarify) State Due Process and the Incorporation Problem Original Bill of Rights early on only applied to the Federal Government (Bill of Rights protects us from the Federal Government) Citizens had little to no protection against the various state governments 14th Amendment specifically provided for the state due process States required providing citizens “due process” Incorporation- What will be Incorporated? “Firmly rooted in conservancy and traditions to be Fundamental.” Supreme Courts have had to decide on a case by case bases which rights will provide Incorporated law. What does state due process actually guarantee a citizen? Right to counsel for the Poor – 1944 Supreme Court got together. They said “NO”. In 1963 the Supreme Court changed its option. Incorporating specific protections as part of the state due process Selectively bringing the Federal rights to apply to the States a. The standard and blueprint used to incorporate rights All rights “incorporated” to the states except grand jury indictment Today, Every Federal Bill of Rights applies to the States Bill of Rights except for the Grand Jury ***means clarify***