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The Constitution and The Bill of Rights

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1 The Constitution and The Bill of Rights

2 Structure of the Constitution
An Outline of the Constitution The Constitution sets out the basic principles upon which government in the United States was built. The Constitution is a fairly brief document, 4 pages The 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 written make a better government establish justice bring peace to the US provide protection provide for the well being of the people provide liberty for now and future generations

4 Structure of the Constitution
Seven Articles: Body of the Constitution Each article covers a general topic Articles 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 government Article V explains the ways the Constitution can be amended or changed Article VI contains the Supremacy Clause: laws passed by Congress and treaties of the US “shall be the Supreme law of the land Article 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 topic Clauses 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 Constitution Collectively, 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.

12 1st Amendment

13 Five (5) Basic Freedoms Freedom of Religion

14 Five (5) Basic Freedoms Freedom of Speech Does not cover Slander- the false spoken word which damages someone’s character

15 Five (5) Basic Freedoms Freedom of Press Does not cover Libel-the false written word that may damage someone’s character

16 Five (5) Basic Freedoms Freedom of Petition

17 Five (5) Basic Freedoms Peaceful Assembly

18 The 2nd Amendment

19 The right to bear arms and keep guns
Must be 21 to have a handgun with registration Must be 18 to have rifle with registration Can not have concealed weapon

20 The 3rd Amendment

21 Can not be made to quarter soldiers
You can not be made to house a soldier in your home during peace time without your consent

22 The 4th Amendment

23 Protects against unreasonable searches and seizures
Anyone searching your home must have a search warrant In order to obtain a search warrant, the police must have probable cause A search warrant must have Where is being searched The items they are looking for The persons being searched A judges’ signature

24 The 5th Amendment

25 Criminal Proceeding and property
A grand jury must say there is enough evidence before a trial is held You cannot be tried twice for the same offense-double jeopardy You CANNOT BE A WITNESS AGAINST YOURSELF Eminent Domain- the gov’t can not take private land for public use unless they give you fair compensation

26 The 6th Amendment

27 Court proceeding with criminals
You are entitled to a “speedy” and public trial You must have a trial by an impartial jury You must know why you are being charged You must be able to question witness against you You have the right to an attorney

28 The 7th Amendment

29 Trial by jury In a civil suit, you may have a jury trial if it involves more than $20.00

30 The 8th Amendment

31 No excessive punishments
No excessive bail Bail- money paid as a condition of release No excessive fines Judicial systems cannot inflict cruel and unusual punishments

32 The 9th Amendment

33 “other rights not denied to people”
We have many other rights that the government cannot take away **the founding fathers could not think of everything

34 The 10th Amendment

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 state 12-Separate ballots for president and vice president 13-Outlaw slavery 14-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 income 17-Residents of states vote for their senators 18-Prohibition (no alcohol)

37 19-Women can vote 20-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 years 23-Residents of D.C. gets 3 electoral votes for president 24-Outlaw poll tax 25-Presidential succession (pres-v.p-speaker of the house etc.) 26-18 y/o can vote 27-Congressional pay raises take affect the following session of Congress


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