Presentation on theme: "The United States Constitution Preamble Articles 1-7 The Bill of Rights."— Presentation transcript:
The United States Constitution Preamble Articles 1-7 The Bill of Rights
The Constitutional Convention 1787 – delegates from 12 states met to fix the AOC The “Framers” decided to write a new constitution
Virginia Plan 3 branches of Gov’t Executive, Bicameral Legislature & Courts # of Representatives a State could send to the legislature was linked to it’s POPULATION SMALL STATES OPPOSED THIS PLAN!
New Jersey Plan Called for a gov’t without Strong & Separate Branches Proposed a UNICAMERAL Legislature Called for EQUAL Representatives from each State STATES WITH LARGE POPULATION OPPOSED THIS PLAN
CONNECTICUT COMPROMISE Combined the basic features of the Virginia & the New Jersey Plans 2 Houses in Congress SENATE- smaller- Each State would have equal representation HOUES OF REPRESENTATIVES- larger- each State would be represented based on POPULATION!
Other Compromises… 3/5 th s Compromise States could count 3/5 th of their slaves as part of their populations This increased the representation in the HOUSE Commerce & Slave Trade Compromise Forbid Congress from taxing exports from any State Forbid Congress from acting against the Slave trade for 20 years
Ratification At least 9 of the 13 States had to ratify it 2 groups formed during Ratification Process Federalists- FAVORED ratification Anti-Federalists- OPPOSED ratification
Federalist vs. Anti-Federalist Federalist stressed the weaknesses of the AOC Thought Constitution was strong enough to solve country’s problems Led by Hamilton & Madison Anti-Federalists attacked almost all parts of the Constitution Increased powers of the Central Gov’t Lack of a Bill of Rights Thought Constitution was TOO Strong Led by Patrick Henry & John Hancock
Federalists won 11 States had ratified the Constitution in 1788 States then held election for a President 1 st Congress met in March 1789
Six Fundamental Principles of the Constitution Popular Sovereignty Idea that PEOPLE are the source of all the power held by the Gov’t Limited Gov’t The gov’t possesses only the power the people give it- it must obey the Constitution Also known as CONSTITUTIONALISM Gov’t Officials are subject to “Rule of Law” – must always obey the law & are never above it
Six Fundamental Principles of the Constitution Separation of Powers Establishes 3 SEPARATE Branches that SHARE the government power Legislative, Executive & Judicial Checks & Balances Ensures that none of the 3 Branches can be too powerful Each Branch has ways to limit the power of the other two Example: Presidential can VETO any act of Congress but then Congress can override the veto with a 2/3rds vote
Six Fundamental Principles of the Constitution Judicial Review Power of the courts to decide what the Constitution means Court has power to declare a government action to be against the Constitution – UNCONSTITUTIONAL Federalism Divides the power between the central gov’t & States
The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Purpose of the Preamble States the reasons why the Constitution was written – basically the GOALS Stability & Order Security Protection of Rights Provide Services
The Articles Each article covers a general topic & is broken down into sections
Article 1 - Establishes the Legislative Branch Bi-Cameral Legislature – Lawmaking Body House of Representatives The voice of the people Senate Broad interest of the States Congress has EXPRESSED Powers Directly stated by the Constitution Founders did NOT want Congress to abuse its power
Article 1 - Establishes the Legislative Branch “Enumerated Powers” Article 1 Section 8 Itemized list of Congressional Powers “Elastic Clause” 18 th “Enumerated Power” Gives Congress the power to make all laws “Necessary & Proper” to carry out the Powers of Congress McCulloch vs. Maryland Established the right of the National Gov’t to apply the “Necessary & Proper” clause over State’s Rights
Why did they make Legislative Article 1? The Framers wanted to emphasize that the branch of the people- Legislative – was more important than the Executive Branch
Article 2 - Created the Executive Branch Founders recognized the need for a strong National Government & gave the President broad but vaguely described powers Article 2 Section 2 & 3 list out some of the specific Presidential Powers
Article 3 - Set up the Judicial Branch Shortest of the first 3 Articles Supreme Court established by Constitution Congress has power to establish all inferior courts Federal & State Courts Federal Courts have power over FEDERAL laws Subject matter & people involved determines who has JURISDICTION
Article 4 Explains the Relationship between the Nations & State levels of Government
Article 5 Outlines the Amendment Process
Article 6 Supremacy Clause
Article 7 Ratification of the Constitution
The Amendments 27 Amendments follow the 7 articles The Bill of Rights limits the powers of the government Its purpose is to protect the rights of individual liberty, such as freedom of speech, and rights of persons accused of crimes, such as the right to trial by jury
Amendment I: Freedom of Expression 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. Personal Freedoms of Religion, Speech, Press, Protest, Assemble
Amendment II: The Right to Bear Arms A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Right to Own a gun
Amendment III: The Quartering of Troops No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. You don’t have to house soldiers
Amendment IV: Unreasonable Searches and Seizures The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Gov’t has to have a warrant or probable cause to search or take you, your things or your house
Amendment V: Due Process of the Law No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. ( Eminent Domain )
Amendment VI: Right to a Fair Trial In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII: Trial by Jury in Civil Cases In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Jury trial in Civil Suits
Amendment VIII: Cruel and Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Punishment/bail/fine must fit Crime
Amendment IX: Unenumerated Rights The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. There are other rights the people have.
Amendment X: State’s Rights 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. Reserved powers – States have any powers not mentioned
Amendment XI (1794) – Supreme Court Jurisdiction This amendment changed the jurisdiction of the Supreme Court, making most of its cases appeals from lower courts
Amendment XII (1804) – Election of President and Vice President Changed the electoral process for President. Originally the electors voted twice for president, amend 12 makes them vote for President and Vice President.
Amendment XIII (1865) – abolish slavery This amendment abolishes slavery in the United States
Amendment XIV (1868) – Rights of Citizens This Amendment extends the rights of citizens to former slaves, including Due Process of Law.
Amendment XV (1870) – Right to Vote The right to vote cannot be denied because of race, color, or previous condition of servitude
Amendment XVI (1913) – Income Tax This gave congress the power to levy direct taxes on the people through the income tax
Amendment XVII (1913) – popular election of Senators This Amendments changed the way that Senators were chosen. Originally they were chosen by the State Governments. This Amendment changes that selection process to Popular election
Amendment XVIII (1919) - Prohibition This amendment made it illegal to make, sell, import, export, or transport alcohol.
Amendment XIX (1920) – Equal Suffrage The right to vote cannot be denied because of sex
Amendment XX (1933) – Lame Duck Shortens the Lame duck period from March 4 th to January 20 th. It also moved the start of the congressional session to January 3 rd.
Amendment XXI (1933) – Repeal Prohibition This amendment did away with the 18 th amendment. Reversed Prohibition.
Amendment XXII (1951) – Presidential Tenure This amendment limits the President to 2 terms, and states that he can serve no more than a total of 10 years
Amendment XXIII (1961) – Electors for D.C. This Amendment gave Washington D.C. Electors for president
Amendment XXIV (1964) – Right to Vote This Amendment outlaws the practice of poll tax
Amendment XXV (1967) – Presidential Succession and Inability to serve This amendment outlines the line of succession should something happen to the president, and also provides for the scenario that the president is unable to do his job for any reason.
Amendment XXVI (1971) – Right to Vote This amendment changes the voting age to 18
Amendment XXVII (1992) – Government officials Pay This amendment says that If congress decides to change its pay or the Presidents pay the raise will not go into effect until the next congressional election.