2 Structure of the Constitution An Outline of the ConstitutionThe Constitution sets out the basic principles upon which government in the United States was built.The Constitution is a fairly brief document, 4 pagesThe Constitution is organized into 8 sections: the Preamble and 7 articles. The original document is followed by 10 amendments.
3 Structure of the Constitution Preamble : introduction that states why the Constitution was writtenmake a better governmentestablish justicebring peace to the USprovide protectionprovide for the well being of the peopleprovide liberty for now and future generations
4 Structure of the Constitution Seven Articles: Body of the ConstitutionEach article covers a general topicArticles I, II, and III creates the three branches of the national government (I-legislative, II-executive, III-judicial
5 Structure of the Constitution Article IV explains the relationship of the states to one another and to the national governmentArticle V explains the ways the Constitution can be amended or changedArticle VI contains the Supremacy Clause: laws passed by Congress and treaties of the US “shall be the Supreme law of the landArticle VII states that the Constitution would take effect after 9 states ratified it
6 Structure of the Constitution Articles are in turn divided into sections that cover specifics about their topicClauses cover even more specifics about the sections
7 The Amendments: The Amendments are changes The Constitution has been amended 18 times (there are 27 amendments)The amendment process provides a way the document can remain responsive to the needs of a changing nation.
8 The Six Basic Principles The principle of popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed.The principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away.Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.
9 The Six Basic Principles Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another.The principle of Judicial Review consists of the power of a court to determine the constitutionality of a governmental action.Federalism is a system of government in which the powers of government are divided between a central government and several local governments
10 Formal Amendments Amending the Constitution The Constitution provides for its own amendment—that is, for changes in its written words.The Constitution sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of amendment.
11 Amending the Constitution The four different ways by which amendments may be added to the Constitution are shown here:Amendments to the ConstitutionCollectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms.Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its structure.Presidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief. An executive agreement is a pact made by the President directly with the head of another state.Judicial Review- The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.
23 Protects against unreasonable searches and seizures Anyone searching your home must have a search warrantIn order to obtain a search warrant, the police must have probable causeA search warrant must haveWhere is being searchedThe items they are looking forThe persons being searchedA judges’ signature
25 Criminal Proceeding and property A grand jury must say there is enough evidence before a trial is heldYou cannot be tried twice for the same offense-double jeopardyYou CANNOT BE A WITNESS AGAINST YOURSELFEminent Domain- the gov’t can not take private land for public use unless they give you fair compensation
27 Court proceeding with criminals You are entitled to a “speedy” and public trialYou must have a trial by an impartial juryYou must know why you are being chargedYou must be able to question witness against youYou have the right to an attorney
35 Powers reserved to the states or people If the Constitution does not delegate a specific right to any branch or gov’t, then the power is given to the states or the people
36 The Other Amendments of the Constitution 11-Citizens of one state cannot sue another state12-Separate ballots for president and vice president13-Outlaw slavery14-Everyone born in the US is a citizen (blacks)15-Can not deny a person the right to vote on the basis of race (blacks)16-Congress can tax income17-Residents of states vote for their senators18-Prohibition (no alcohol)
37 19-Women can vote20-President takes office on Jan. 20 (Lame Duck amendment)21-Repeal of prohibition (ok to drink alcohol)22-President can serve 2 terms up to 10 years23-Residents of D.C. gets 3 electoral votes for president24-Outlaw poll tax25-Presidential succession (pres-v.p-speaker of the house etc.)26-18 y/o can vote27-Congressional pay raises take affect the following session of Congress