Background Information
The Bill of Rights
First 10 Amendments of the US Constitution
Introduced by James Madison and First US Congress in 1789
Limits the power of the federal government of the US, protecting all citizens, residents and visitors on US territory.
Protects:
Freedom of speech, religion
The right to keep and bear arms
Freedom of assembly, petition
Prohibits unreasonable search and seizure, cruel and unusual punishment, and compelled self-incrimination
The Constitution – Generally
The duecteristics:
1. Separation of Powers: separation at the national level that creates checks and balances which are designed to prevent any one branch from becoming too powerful.
2. Federalism: Simultaneous federal/national and state/local governments; 2 levels of sovereignty operating at the same time over the people (viable national government that can behave effectively for all of the people, yet the benefits of diversity and decentralization).
In looking at any question regarding government action, consider the following:
1. What part of government gets to take what actions?
2. Is the government branch taking the action constitutionally permitted to do so? …show more content…
The Supreme Court later held that a Presidential pardon fulfilled the statutory requirement of demonstrating that the person wasn’t a supporter of the rebellion. Congress then passed another statute that said a presidential pardon was inadmissible as proof and court should dismiss the person’s case for lack of jurisdiction. Conclusion: The Supreme Court said this new statute was unconstitutional—Congress cannot limit the Supreme Court’s jurisdiction in a manner that violates other constitutional