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The Constitution By: Karissa Stolen and Maddie James.

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Presentation on theme: "The Constitution By: Karissa Stolen and Maddie James."— Presentation transcript:

1 The Constitution By: Karissa Stolen and Maddie James

2 The Preamble The Preamble is an introductory statement that sets up the reasons for having an American government. It lists the major goals that America should strive for.

3 The Articles Article I: outlines Congress legislative powers and how laws are made Article II: outlines how executive branch is used to carry out laws and how president is elected Article III: outlines judicial branch, there is only one Supreme Court Article IV: outlines relations among states, how state and federal governments work Article V: outlines how to change the Constitution/amendment process Article VI: Supremacy Clause- laws are supreme law of the land Article VII: Constitution is in effect after 9 states approve it

4 Limited Government Limited Government is where the national government can only do what the people want it to Rule of Law: all citizens, must obey every law, no one is above it

5 Popular Sovereignty People are the ultimate source of any power given to the government and are the ones who form it

6 Separation of Powers Government was afraid of tyranny, absolute and unlimited power and authority They separated it into 3 powers: -Legislative: passes laws -Executive: president, carries out laws -Judicial: interprets laws

7 Checks and Balances Prevents one branch from owning the other two branches. It exercises powers over the actions of other branches Veto power: president checks Congress, ability of refuse to sign congressional bills into law The branches need the help of at least 2 other branches to take action on something

8 Judicial Review Power of the courts to decide whether a law or other governmental action violates the Constitution Unconstitutional: what is declared if justices find that a federal/state law violates the Constitution Marbury vs. Madison 1803

9 Federalism System in which some powers belong to the national or federal government and others belong to the states

10 Natural Rights Constitution doesn’t give these rights, but you get them from being alive John Locke, “The inalienable rights of individuals are the basis for any legitimate government.”

11 Marbury v. Madison Jefferson was becoming president and Adams wanted to fill positions in his government to lessen his anti-federalist impact. Commissions were sent out and Marbury didn’t receive one and wanted to sue Madison to force him to deliver the remaining commissions Filed a Writ of Mandamus. It was declared unconstitutional by John Marshall

12 Writ of Mandamus Order issued by the court to force a government official to act

13 Ought versus Shall Madison refined the typical language and requires the language of “command” “Shall” tells the government what they MUST do, not what they should do

14 Introducing an Amendment -Two-thirds vote in the Senate and House of Representatives -Two-thirds of State legislatures may request Congress to call a national amendment convention, proposed to states

15 Ratifying amendments -three-fourths of state legislatures vote in favor of ratification, “traditional” -states can call special conventions and three- fourths of the states must approve -Amendments can be repealed, made void

16 Commerce Clause Power to regulate trade among states/foreign countries

17 Informal Amending of the Constitution It’s been changed through custom and usage. Tradition evolves to become written law -Presidential Cabinet -Presidents Tenure -25 th amendment, the VP takes over if president dies

18 Bill of Rights First ten amendments, added 1791 -Created basic structure to American government

19 Bill of Rights 1)Freedom of Speech, Press, Religion, Petition -The right to voice your opinion whether that be through speech or written papers. -The right to believe in whatever you want. -The right to oppose things you don’t approve of. 2) Right to keep and bear arms -Your allowed to keep and own guns, if they’re licensed, to protect yourself.

20 Bill of Rights 3) Conditions for quarters of soldiers -Without your consent, a solider cannot stay inside your house in time of war or peace. 4) Right of search and seizure regulated -People cannot search or take any of your things without a warrant or reasonable suspicion for a cause

21 Bill of Rights 5) Provisions concerning prosecution -No one can be charged without evidence. -Can’t be convicted of a crime twice. -Can’t witness against yourself -Can’t be deprived of life, liberty, or property -private property can’t be taken without compensation 6) Right to a speedy trial, witnesses, etc -Right to every aspect of a fast trial, after the crime (a witness against him, an attorney, a jury)

22 Bill of Rights 7) Right to a trial by jury -The bail has to fit the crime -No trial by a jury can be reexamined 8) Excessive bail, cruel punishment -Excessive bail/fines are not allowed -Cruel and unusual punishments cannot be put into action

23 Bill of Rights 9) Rule of construction of Constitution -You have other rights that aren’t in the Constitution -The Constitution couldn’t write down every right people have, and this is what protects all of the other rights 10) Rights of states under the Constitution -There are powers given to the states/people aside from the national government not specified in the Constitution

24 Overall, this is a solid job, you have a few that are not completely accurate (see slides) and a couple that need a bit more explanation. Solid job 65/75


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