1. Chapter 3: The Constitution of the United States of America

2. Why Does the Constitution Matter?
Constitution – body of fundamental laws which say how a government is to operate
It is the supreme law of the land
It explains how the government works
It protects your civil rights

3. A Brief Outline
The Preamble – lays out the purpose and introduces the Constitution
The Articles – the substance of governmental law
The Amendments
Uncle Sam needs you to study harder!

4. The Seven Articles I. The Legislative Branch II. The Executive Branch
III. The Judicial Branch
IV. Relations Among States
V. The Amendment Process
VI. National Debts, National Supremacy, Oaths of Office
VII. Requirements for Ratification

5. The Six Basic Principles of the Constitution
1. Popular Sovereignty – supreme power rests with and only with the people
Some parts of the Constitution mitigate popular sovereignty
Electoral College chooses the president, not popular vote
State Legislatures chose the Senate, not popular vote
Later changed to direct popular election by 17th Amendment

6. The Six Basic Principles of the Constitution
2. Limited Government
Also called constitutionalism, and rule of law
Government is not all-powerful
Powers government has and doesn’t have are listed

7. The Six Basic Principles of the Constitution
3. Separation of Powers
U.S. uses a presidential government, where the executive and legislative branches are chosen separately
Each branch has its own powers and responsibilities

8. The Six Basic Principles of the Constitution
4. Checks and Balances
Each branch is not totally independent of the others

9. The Six Basic Principles of the Constitution
4. Checks and Balances
They have powers to override each other when necessary

11. The Six Basic Principles of the Constitution
5. Judicial Review
Courts may determine whether or not what the President or Congress does is Constitutional

12. The Six Basic Principles of the Constitution
5. Judicial Review
If court declares an act unconstitutional, the act is not a law, and the decision cannot be overridden

13. The Six Basic Principles of the Constitution
6. Federalism
The national government is given certain powers by the Constitution
Whatever is left is a power for the states to use

14. Key Parts of Article I Section 8
List of all expressed powers Congress has
Also includes the “necessary and proper” clause
Gives Congress additional “implied powers”
Section 9
Prohibits certain actions Congress may take
No ex post facto laws – punishment for doing something before it was illegal
No suspension of habeas corpus – the right to challenge one’s own detention in court

15. Key Parts of Article II Section 2
President can appoint people to many positions
Must have “advice and consent” of the Senate
Senate takes a majority vote to confirm appointments
Section 4
Can only be removed by impeachment for “high crimes and misdemeanors”

16. Key Parts of Article IV Section 1 – Full Faith and Credit Clause
States must grant each other “full faith and credit” on “public acts, records, and judicial proceedings”
Means legal decisions of states must be respected and held to by other states
Section 2 – Privileges and Immunities Clause
States must grant residents of other states all “privileges and immunities” they give to their own residents

17. Article V - Formal Amendment Process
Step 1 – Must Be Proposed (happens at the national level)
Step 2 – Must Be Ratified (happens at the state level)
This is a reflection of federalism

18. 2 Ways to Propose an Amendment
1. 2/3 vote in both houses of Congress
All 27 Amendments were proposed this way
2. Constitutional Convention requested by 2/3 of the states
Has not ever been used

19. 2 Ways to Ratify an Amendment
1. 3/4 of state legislatures approve it
26 of the 27 Amendments were ratified this way
2. 3/4 of conventions called by the states approve it
Only the 21st Amendment was ratified this way

20. Key Parts of Article VI Section 2 – Supremacy Clause
Federal laws are always supreme over state laws, U.S. Constitution is supreme over all state constitutions

21. The First Ten Amendments…

22. These are awesome! And you get to memorize them!
The Bill of Rights
These are awesome!
And you get to memorize them!

23. The 1st Amendment Freedom of Religion Freedom of Speech
Establishment Clause – government cannot establish a religion
Free Exercise Clause – government cannot prohibit you from practicing religion
Freedom of Speech
Freedom of the Press
Right to Assembly
Right to Petition

24. The 2nd Amendment
The Right to Bear Arms
Not the Right to Bare Arms

25. The 3rd Amendment
No Quartering of Soldiers in Times of Peace

26. The 4th Amendment
Protection Against Unreasonable Search and Seizure

27. The 5th Amendment
No Double Jeopardy (Can’t be charged with the same crime twice)
Protection against self-incrimination
Guarantee of Due Process of Law

28. The 6th Amendment Right to a Criminal Trial by Jury
Trial must be speedy, public
Must be in the state where the crime was committed
Right to legal counsel
Right to call witnesses favorable to the defendant

29. The 7th Amendment Right to a Civil Trial by Jury
Civil – not criminal, typically a lawsuit for money or to repeal a government action

30. The 8th Amendment
Protection Against Cruel and Unusual Punishment

31. The 9th Amendment Rights Retained by the People
In other words, just because a right isn’t listed here in the Constitution doesn’t mean that people don’t have that right
Truth from your teacher – yes, it does.

32. The 10th Amendment Powers Reserved for the States
All powers that are not given to the national government are reserved for the states

33. Informal Amendments
The vast majority of changes to the Constitution have not changed the words in the Constitution

34. Basic Legislation
Congress’ laws provide specific details about the vague purposes and ideas in the Constitution

35. Basic Legislation
Congress also changes its own powers over time, based on the words of the Constitution
Result of “Necessary and Proper” Clause

36. Executive Action
Presidents are always looking for ways to stretch and grow their powers
Thus, presidents today are much more powerful than in the past

37. Court Decisions
Since Marbury v. Madison, the court has had the power to declare acts of the president and Congress unconstitutional

38. Court Decisions
This power is called judicial review, and the court uses it to tell us what they interpret the Constitution to mean

39. Party Practices
Political parties did not exist at the nation’s start, but they have become an almost necessary element

40. Party Practices
The electoral college used to decide together who would be the president. Now, they just “rubber stamp” the choice of voters

41. Custom
Many customs have developed that we follow just as strongly as laws
Senatorial Courtesy – when nominating a judge, the president always asks the permission of the two Senators from the judge’s state
Cabinet – 15 advisors for the president are not in the Constitution