Answers| Latest Update
Define what the Constitution is:
The United States Constitution embodies the fundamental principles of our
government. Our Constitution, adopted by sovereign power, is amendable by that
power only. All laws, executive actions, and judicial decisions must conform to the
Constitution.
Where does the constitution come from?
The Constitution was written in the 18th century. The Bill of Rights, or first Ten
Amendment to the Constitution, was not adopted until 1791. The Bill of Rights
contains the vast bulk of fundamental rights, which for the basis for much of our
case and statutory law.
How is the Constitution relevant to LE?
As Law Enforcement officers, you are sworn to uphold the Constitution.
Understanding constitutional privileges is crucial to avoid civil liability. Also, to
assure evidence is admissible in criminal matters.
Article 1
The Legislative Branch
,Article 2
The Executive Branch
Article 3
The Judicial Branch
Article 4
Relations Between The States (Full faith and credit clause).
Article 5
The Amendment Process
Article 6
General Provisions, Supremacy of the Constitution (Supremacy Clause)
Article 7
, Ratification Process
Define the Bill of rights and why it applies to the states
It was not until the 1960's that the US Supreme Court became heavily involved in
interpreting how the Bill of Rights applied to the actions of LE Officers.
The Bill of Rights encompasses much of what you will have to face as LE officers.
Issues involving search and seizure, confessions, use of force and the First
Amendment, are just a few practice applications of the Bill of Rights.
First Amendment
Freedom of Speech, religion, press, petition and assembly
Freedom of Religion—Establishment Clause—Three Prong Test
1. Does the law, or other government action, have a bona fide secular or civic
purpose?
2. Does the primary effect neither advance or inhibit religion (is it neutral)?
3. Does the law avoid excessive governmental entanglement with religion?
Test for free exercise challenges: