personal freedoms guaranteed under the u.s. constitution
America is unique. To protect Individual Freedoms & Liberties, the U.S. Constitution limits the powers of the government body.
"Men of factious tempers... prejudices...sinister designs, may, by intrigue, by corruption...first obtain the [votes] then betray the...people." #10
America's republic system of government
America's Self-government System Was a Revolutionary Change From The Oppressive Rule Under a King
No longer Subjects of a King, the United States formed a Constitutional Republic style government system.
Recognized names for the American Government System include:
- Republic
- Constitution-based federal Republic
- Representative Democracy
(source: uscis.gov)
The United States has a representative system of self-governance - through the democratic process, citizens choose fellow citizens from their communities and states to represent them in their government bodies - to make laws; set policies to protect their
freedoms, liberties and general welfare.
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U.S. Constitution Article VI: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States,
shall be bound by Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
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9th Amendment The enumeration of the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the People.
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In America, the People have personal freedoms & liberties, which neither the State or Federal government can encroach upon.
The Constitution limits the powers of government, and binds the People of each State together in this Republic system of Self-governance.
Federal Government Representatives include:
The U.S. Senate - Each state has two representatives
The U.S. House of Representatives – Each state has a number of representatives commensurate with their state’s population.
- Currently, there are: 100 Senators 435 House of Representatives
The Democratic Process is How We Elect Representatives to Office
In order to control their government and protect their life, liberty and pursuit of happiness, each citizen must be actively involved through
direct participation as a leader/member, and/or in the voting process for their local, state and federal governments.
- A Citizen's responsibility is to learn the pros and cons of each representative, and vote into office a person qualified
to serve on their behalf.
Over the centuries, the Federal & State government's powers have grown. The fear of the government becoming oppressive rulers was well documented by the States (Colonies) and was a focus of many debates when deciding to join together as a Union, under U.S. Constitution.
It is up to an active, participating citizenship to keep Federal & State powers in check and stop a tyrannical government system from developing.
(Please see Civics 101, Government 101 and Constitution 101 for more detailed information)
civics 101 - united states civics and government
We the People Rule
The Federal Government has 3 departments/branches: Legislative, Executive and Judicial
The Supreme Law of The Land
The People’s United States government is referred to in several ways:
Central government,
National government or
Federal government.
The U.S. Constitution states
the powers granted and
the powers prohibited to
each branch of U.S. government.
A transparent government system
is necessary for citizens
to keep check on rules, regulations and laws which might infringe on their Rights, Liberties and Freedoms as outlined in the Constitution.
The media -
Investigative journalists acting as unbiased "watch-dogs" are essential
to bring forth information
to the public and
highlight government actions and policies, and to expose misdeeds by their representatives.
The Supreme Law of The Land
The Federal Government has 3 departments/branches: Legislative, Executive and Judicial
The Supreme Law of The Land
The Supreme Law of the Land is:
1. The Constitution of
the United States
2. All laws made in
pursuance thereof
(based on Constitutionality)
3. All Treaties made, or
which shall be made,
under the
authority
of the United States
4. All judges in every
State shall be bound
thereby, notwithstanding
any thing in the
constitution or laws
of any State to
the contrary.
9th Amendment -
The enumeration
of the Constitution,
of certain rights,
shall not be construed to
deny or disparage
others retained by the People.
The Federal Government has 3 departments/branches: Legislative, Executive and Judicial
The Federal Government has 3 departments/branches: Legislative, Executive and Judicial
The Federal Government has 3 departments/branches: Legislative, Executive and Judicial
Each department, or branch is equal to the other and they act as a “check” on the other branch's powers, and have rules to keep their own branch in check and balanced.
“Checks and balances”
ensures that no one branch of government -
or all three combine power -
and become tyrannical
with the immense powers
the People entrust in their care.
FEDERALISM - refers to the system of dual powers - the State's & the Federal Union's.
Each State has their own Constitution which addresses their state's interests, policies, procedures and laws. There are shared and separate powers belonging to each state and to the federal government, and these powers are explicit and implicit in the U.S. Constitution.
10th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People.
The Law-making Power of the United States government is Limited to the Congress.
The Law-making Power of the United States government is Limited to the Congress.
The Federal Government has 3 departments/branches: Legislative, Executive and Judicial
Congress has two chambers (bodies) A bicameral system - the Senate and the House of Representatives.
Both chambers are
required to make laws.
Neither chamber
of Congress
acting separately
can enact a law.
Congress can not delegate
its power
to make laws
to an executive department or to an administrative officer, nor can any department or officer repeal, extend, or modify an act of Congress.
Article I, Section 1 of the U.S. Constitution states: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Article I, Sections
1 – 10 include the following:
The Senate
1. How Senate is composed
2. Eligibility Requirements for office
3. Tenure of office
4. By whom chosen Art
5. When chosen
6. How classed
7. Vacancies
8. Vote
9. Presiding officer
10. Senate Powers
The House of Representatives
1. Proportion 2. Apportionment
3. Eligibility 4. Term of office 5. By whom chosen 6. Electors 7. Vacancies
8. Census 9. House powers
The Executive Branch
The Law-making Power of the United States government is Limited to the Congress.
The Executive Branch
Article II, Sections 1 of the U.S. Constitution states:
The executive Power shall be vested
in a President of the United States of America.
He shall hold his Office during the
Term of four Years, and, together
with the Vice President,
chosen for the same Term,
be elected, as follow:
Each State shall appoint, in such
Manner as the Legislature
thereof may direct,
a Number
of Electors,
equal to the whole Number of
Senators and Representatives
to which the State may be
entitled in the Congress:
but no
Senator or Representative,
or Person holding an
Office of Trust
or Profit
under the United States,
shall be appointed an Elector.
Article II, Sections 1 – 4
include the following:
1. Term of office
2. By whom chosen
3. Voting & Electors
4. Oath of Office
5. Salary
6. Powers & Duties
7. Vacancies
The Judicial Branch
The Law-making Power of the United States government is Limited to the Congress.
The Executive Branch
Article III, Section 1 - 3 of the U.S. Constitution includes:
The judicial Power of the
United States, shall be vested
in one supreme Court, and
in such inferior Courts
as the Congress may from
time to time ordain and establish.
The Judges, both of the
supreme and inferior Courts,
shall hold their Offices during good Behaviour, and shall,
at stated Times,
receive for their Services, a Compensation, which shall not be diminished during their
Continuance in Office.
The Judicial Power shall
extend to all Cases,
in Law and Equity,
arising under
this Constitution,
the Laws of
the United States,
and
Treaties made, or
which shall be made,
under their Authority . . .
U.S. Supreme Court - Major Free speech Cases
Freedom of speech includes the right:
The hallmark of the protection of free speech is to allow "free trade in ideas" . . .
The hallmark of the protection of free speech is to allow "free trade in ideas" . . .
- To engage in symbolic speech, (e.g., burning the flag in protest). Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
- "The First Amendment affords protection to symbolic or expressive conduct as well as to actual speech.
- See, e.g., R. A. V. v. City of St. Paul, 505 U. S., at 382; Texas v. Johnson, supra, at 405-406; United States v. O'Brien, 391 U. S. 367, 376-377 (1968); Tinker v. Des Moines Independent Community School Dist., 393 U. S. 503, 505 (1969). . ." (Source:
***
- Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
- Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
Tinker v. Des Moines, 393 U.S. 503 (1969).
- To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).
- To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976).
- To advertise commercial products and professional services (with some restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977). - (see source: uscourts.gov)
***
- The protections afforded by the First Amendment, however, are not absolute, and we have long recognized that the government may regulate certain categories of expression consistent with the Constitution. See, e. g., Chaplinsky v. New Hampshire, 315 U. S. 568, 571-572 (1942) ("There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which has never been thought to raise any Constitutional problem"). Virginia v. Black - Supreme Court Opinions | Sandra Day O'Connor Institute Digital Library (oconnorlibrary.org)
The hallmark of the protection of free speech is to allow "free trade in ideas" . . .
The hallmark of the protection of free speech is to allow "free trade in ideas" . . .
The hallmark of the protection of free speech is to allow "free trade in ideas" . . .
First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press;
or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
(Source: U.S. Constitution)
***
The First Amendment, applicable to the States through the Fourteenth Amendment, provides that "Congress shall make no law . . . abridging the freedom of speech."
The hallmark of the protection of free speech is to allow "free trade in ideas"-even ideas that the overwhelming majority of people might find distasteful or discomforting.
Abrams v. United States, 250 U. S. 616, 630 (1919) (Holmes, J., dissenting); see also Texas v. Johnson, 491 U. S. 397, 414 (1989).
("If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable").
Thus, the First Amendment "ordinarily" denies a State "the power to prohibit dissemination of social, economic and political doctrine which a vast majority of its citizens believes to be false and fraught with evil consequence." Whitney v. California, 274 U. S. 357, 374 (1927) (Brandeis, J., concurring) . . .
The First Amendment permits "restrictions upon the content of speech in a few limited areas, which are 'of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.'" R. A. V. v. City of St. Paul, supra, at 382-383 (quoting Chaplinsky v. New Hampshire, supra, at 572).
Thus, for example, a State may punish those words "which by their very utterance inflict injury or tend to incite an immediate breach of the peace." Chaplinsky v. New Hampshire, supra, at 572; see also R. A. V. v. City of St. Paul, supra, at 383 (listing limited areas where the First Amendment permits restrictions on the content of speech). We have consequently held that fighting words-"those personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction" -are generally proscribable under the First Amendment. Cohen v. California, 403 U. S. 15, 20 (1971); see also Chaplinsky v. New Hampshire, supra, at 572.
.
Freedom of speech does NOT include the right:
The hallmark of the protection of free speech is to allow "free trade in ideas" . . .
Freedom of speech does NOT include the right:
To incite imminent lawless action.
Brandenburg v. Ohio, 395 U.S. 444 (1969).
- . . ."the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action." Brandenburg v. Ohio, 395 U. S. 444, 447 (1969) (per curiam).
- And the First Amendment also permits a State to ban a "true threat." Watts v. United States, 394 U. S. 705, 708 (1969) (per curiam) (internal quotation marks omitted); accord, R. A. V. v. City of St. Paul, supra, at 388
- ("[T]hreats of violence are outside the First Amendment"); Madsen v. Women's Health Center, Inc., 512 U. S. 753, 774 (1994); Schenck v. Pro-Choice Network of Western N.Y., 519 U. S. 357, 373 (1997)
- To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957).
- To burn draft cards as an anti-war protest.
United States v. O’Brien, 391 U.S. 367 (1968).
- To permit students to print articles in a school newspaper over the objections of the school administration.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
- Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
- Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, __ U.S. __ (2007).
Disclaimer: These resources are created by the Administrative Office of the U.S. Courts for use in educational activities only. They may not reflect the current state of the law, and are not intended to provide legal advice, guidance on litigation, or commentary on legislation.
U.S. Constitution 101
Does the Constitution Give Citizens Their Rights and Liberties?
No.
The Constitution guarantees them.
The people had all their rights and liberties before they made the Constitution.
The Constitution was formed, among other purposes, to make the people's liberties secure
- secure not only as against foreign attack but against oppression by their own government.
They set specific limits upon their national government and upon the States, and reserved to themselves all powers that they did not grant.
The Ninth Amendment declares:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
(source: U.S. Constitution Sesquicentennial Commission, establishd by a Joint Resolution of the Congress of the United States, approved August 23, 1935).
What is meant by the term "Constitution"?
A Constitution embodies the fundamental principles of a government.
Our constitution, adopted by the sovereign power [the People], is amendable by that power only.
To the constitution all laws, executive actions, and judicial decisions must conform, as it is the creator of the powers exercised by the departments of government.
When Did The Constitution Take Effect?
The Constitution became binding upon nine States by the ratification of the ninth State, New Hampshire.
June 21, 1788 (Art. VII)
• After New Hampshire became the ninth state to ratify, the Confederation Congress established March 4, 1789, as the date to begin operating under the Constitution.
(source: U.S. Constitution Sesquicentennial Commission, August 23, 1935).
In what order did the States ratify the Constitution?
The Constitution would take effect once it had been ratified by nine of the thirteen state legislatures — unanimity was not required
Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York.
After George Washington had been inaugurated on April 30, 1789, Rhode Island (5/29/90) and North Carolina (11/29/89) ratified.
Federalist v Anti-Federalist
An Anti-Federalist was against the ratification of the U.S. Constitution because they feared a Federal government with greater powers would encroach on an individual's and State's Liberties and Freedoms and become tyrannical.
A Federalist was a person who was for the new U.S. Constitution, and a stronger Federal government body.
Federalists James Madison, Alexander Hamilton, and John Jay wrote articles, or letters which were published in local newspapers in defense of the proposed Constitution.
These writing were called the Federalist Papers.
Eighty-five (85) articles outlined not only reasons for the necessity of a Federal Constitution, but also explained their thinking, planning and intentions of the rights and prohibitions found in the language of the U.S. Constitution.
Article No. 10, warns of the dangers of factions
No. 51, which explains the structure of the government structure of checks and balances, to protect the rights of the people.
https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/
God & The Golden Rules - The Foundation of LifE & Law
The Golden Rules of a Civil Society
The Golden Rules of a Civil Society
The Golden Rules of a Civil Society
America was founded on the Judeo-Christian principles expressed in the Ten Commandments. The Biblical Abraham, has been widely accepted by Jewish, Christian and Muslim religions as the Father of all nations. Moses, as told by the Old Testament, brought the tablet of Commandments as stated by God, to all the People of the World to follow.
The Golden Rules of a Civil Society
The Golden Rules of a Civil Society
Throughout the ages, the Commandments IV-X (4-10) have been accepted universally as the "Golden" Rules, which are the basic behaviors expected in a civil society, and are the foundation of many laws in America and throughout the world.
"Thou Shalt Love Thy Neighbor as Thy Self"
In God We Trust
In God We Trust
In God We Trust
"In God We Trust" refers to trusting the Creator of life and the Universe, and does not refer to a particular religion or a government body which might claim to rule by divine right.
* * *
God in the United States refers to the Creator (referenced in the Declaration of Independence). This Creator created everyone at birth with equal and unalienable rights, to life, liberty and the pursuit of happiness -
The U.S. Declaration of Independence begins:
”We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness . . ."
E-Pluribus Unum
In God We Trust
In God We Trust
Latin for "Out of Many, One."
There are many religions practiced in the United States, and the First Amendment of the Constitution provides the People the guaranteed freedom to believe or not believe in a religion or God - without government interference. Also, no government body can establish a religion (or religious sect) which citizens must follow.
The First Amendment begins:
"Congress shall make no laws respecting an
Establishment of religion, or
Prohibiting the free exercise thereof;
Or Abridging the Freedom of speech . . ."
The war of independence - The American revolution
Join, or Die - Promoting the 1754 Albany Plan
Benjamin Franklin wrote an article in the Pennsylvania Gazette promoting the Albany Plan - A union of the Colonies. This cartoon (left) was published with his article. The snake cut into parts represents the separate colonies. Franklin's point was the colonies would not survive external threats if they did not join together.
The Gadsden Flag - Don't Tread On Me
Journal of the South Carolina Provincial Congress, 9 February 1776: "Col. Gadsden presented to the Congress an elegant standard, such as is to be used by the commander in chief of the American navy; being a yellow field, with a lively representation of a rattle-snake in the middle, in the attitude of going to strike, and these words underneath,
"DON'T TREAD ON ME!"
By the time of the War of Independence, the rattlesnake, frequently used in conjunction with the motto "Don't Tread on Me," was a common symbol for the United States, its independent spirit, and its resistance to tyranny.
https://www.history.navy.mil/browse-by-topic/heritage/banners/usnavy-jack.html)