A New United States U.S. Constitution 1787

Roots & Heritage Framers of the Constitution were intelligent/schooled men Influenced by John Locke’s theories of natural rights English democratic tradition Drew on thousands of years of sources & models Political developments from Greek philosophers & the Roman republic Magna Carta (1215): limit the monarch’s powers & gave more power to the legislature English Bill of Rights (1689) …and Baron de Montequieu’s ideas of separating & balancing the powers of the gov’t

Set-up of the Constitution Preamble Intro Articles 7 total Amendments Bill of Rights 10 as of 1791 27 overall

Preamble of the Constitution 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 & our posterity, do ordain & establish this Constitution for the United States of America.

Goals of the Preamble To form a more perfect union (of states) To establish justice (protect & set the laws) To ensure domestic tranquility (peace at home) To provide for the common defense (defend country) To promote the general welfare (well-being of general population) To secure the blessings of liberty

The Articles Legislative branch Executive branch Judicial branch Relation between states Amendment process National supremacy Constitution is “supreme law of the land” Ratification

Basic Principles Popular Sovereignty A monarch is unconstitutional People have authority Right to alter or abolish government Examples in the Constitution: “We the people…establish this Constitution for the United States of America” House of Representatives (chosen by people) given power to raise money-bills States given right to decide on slavery (10th Amendment)

Basic Principles Limited Government Examples in the Constitution: Avoid tyranny Gov’t has powers only expressed in Constitution Everyone must obey laws Examples in the Constitution: Article 1, Section 9 – Powers denied to Congress Article 1, Section 10 – Powers denied the States 10th Amendment – Reserved clause…powers reserved to the states

Basic Principles Separation of Power Checks & Balances 3 branches of government (Articles 1-3) Executive: President Legislative: Congress Judicial: Courts Checks & Balances No abuse of power Each branch can limit the other two

Basic Principles Federalism Division of gov’t power Federal government divided from the state State National BOTH Enumerated Powers Regulate trade Coin money Provide an army & navy Conduct foreign affairs Set up federal courts Concurrent Powers Enforce the laws Establish courts Collect taxes Borrow money Provide for the general welfare Reserved Powers Regulate trade within the state Establish local gov’t systems Conduct elections Establish public schools system

Basic Principles Republicanism Individual Rights Republic form of government Citizens elect representatives Example – Article 4, Section 4 – “guaranteed a republican form of government” Individual Rights Protects rights of individual citizens

Bill of Rights 12 amendments proposed in 1789…10 amendments ratified by Congress on 12/15/1791 & known as Bill of Rights Freedom of religion, speech, press, assembly, & petition Right to bear arms No lodging troops in private homes Search & Seizure Rights of the accused Right to speedy trial by jury Jury trial in civil cases Bail & punishment Powers to the people Powers to the states 12