Constitutional Law II Notes

The Story of the Bill of Rights

-Hard fought compromise to save the Constitution

-The product of the American Revolution (8years of bloodshed)
-Document for the People – understand and participate in democracy
-Written in plain language
-“Text from the people for the people, addressed to the people”
-Provides a protection for citizen, confines government to its proper role

FEDERAL GOVERNMENT VS ANTI FEDERAL GOV.(States Gov)

- George Washington -Thomas Jefferson

- Alexander Hamilton - Patrick Henry
- James Madison (Father of the Constitution) - Geroge Mason. *Localize

What was the war about? The war about guaranteeing that no one’s rights will ever be taken
away

Enumerating Rights? It was first considered a bad idea because of the lack of understanding
The Federal Gov. had pushed the Constitution and decided a Bill of rights was not necessary.
The Constitution was signed without a Bill of Rights, The new Constitution had to be ratified by
the all states covering the Constitution

What protection does your Constitution offer to the people’s liberties? The question faced by the
Federalist Government. The states government realize the power the federal government
acquired by posting the new Constitution and seeked protection by restricting the Federal
Government by coming out with the Bill of Rights.

The Anti-Federalist would not support the Constitution unless it was made very clear that there
are certain rights the government cannot take away.

James Madison had the priority to protect individual rights and not damage the Constitution
(Personal Liberties)
Bill of Rights
Article III 1987 Constitution

SECTIONS:

1. No one shall be deprived of life, liberty or property w/out due process of law. Equal
protection
2. No unreasonable searches and seizures, No search warrant or warrant of arrest shall be
issued unless probable cause determined by a judge after examination or affirmation of
complainant + witnesses describing place to search or a person and what to be seized
3. “Privacy of communication” evidence violating this shall be inadmissible
4. X Law abridging the freedom of speech, expression, or of the press, right to peaceably
assemble and petition gov
5. X Law shall be made respecting an establishment of religion, or prohibiting free exercise
of religion. X religious test shall be required for the exercise of civil or political rights
6. Liberty to abode, Right to travel except national security, public safety, public health.
7. Right of people to be informed on public concerns, access to public records on acts,
transactions, decisions, and gov research data used as basis for policy dev.
8. Right to public and private sector workers to form union
9. Private property shall not be taken for public use w/out just compensation
10. X Law impairing the obligation of contracts shall be passed
11. Free access to courts and quasi-judicial bodies, legal assistance shall not be denied due to
poverty
12. Any person under investigation of commission of offense shall be informed of his right to
remain silent, and the right to counsel of his choice, if he cannot afford one he shall be
provided one.
X Torture, X Violence, X Force, X Threat, X Intimidation, or any means to vitiate free
will, X secret detention
Any confession attained in violation of these rights shall be admissible in evidence
against him.
The Law shall provided penal and civil sanctions in violation of this section and
rehabilitation shall be provided to victims
13. The right to bail except for those offenses charged with reclusion perpetua. Excessive
bailo shall not be required
14. No person should be held to answer w/out due process of the law
Accused be presumed innocent until the contrary is proved
15. Writ of habeas corpus shall not be suspended except in cases of invasion or rebellion
16. All persons shall have the right to a speedy disposition of their cases before judicial and
administrative bodies
17. No persons should be compelled to be witness against himself
18. No persons shall be detained for their pollical beliefs
19. X Excessive fines, Cruel, degrading or inhumane punishment shall be inflicted. All death
penalty shall be reduced to reclusion perpetua.
20. No person shall be jailed for debt or non payment of poll tax
21. No person shall be put twice in jeopardy of punishment for the same offense.
22. No ex post facto law or Bill of attainder shall be enacted