Constitution and Bill of Rights

IDEAS IN THE CONSTITUTION -separation of powers Each branch has its own duties -checks and balances Separate parts of government watch over the others -federalism States and federal government share power -limited government Want to prevent government from having too much power Rule of Law = everyone must obey law, even those who rule -popular sovereignty The people rule by voting

PARTS OF THE CONSTITUTION -Preamble Introduction to the Constitution -Articles 1-3 Describes the 3 branches (Legislative, Executive, Judicial) -Article 4 Relationship between the states -Article 5 Amendment process -Article 6 Supremacy of National Government -Article 7 Ratification Process

POWERS OF THE GOVERNMENT -enumerated, delegated, expressed, exclusive Powers given to the Federal government in the Constitution -concurrent Powers that are shared by the different levels of government -reserved Powers just for the states (10th Amendment) -implied powers necessary and proper clause

CHANGING THE CONSTITUTION Amendment Process 27 total very difficult Proposal: Requires 2/3 of both houses OR national conventions called by 2/3 of states Ratification: Requires ¾ of the states -Interpretation Strict v. Loose Construction Supreme Court Has final say Judicial Review Determine constitutionality Some people believe the Constitution should be interpreted strictly, meaning that unless the document specifically says Congress or the federal government can do something, then they cannot. Others believe the opposite is true, saying that unless the Constitution specifically says you CANNOT do something, then you can. Still others believe in interpreting the document exactly as the writers intended it to be. The final interpretation today is handled by the Supreme Court.

The Bill of Rights

News can report what it wants 1st Amendment -Freedoms Speech To say what you want Press News can report what it wants Religion Can be whatever religion you choose Assembly Can gather in groups Petition Can ask your government for things The First Amendment protects all Americans’ freedom of speech, which includes speaking freely against the actions of our government. What happens to people who try to exercise this right in other countries?

2nd Amendment -bear arms Ability to own and use weapons Still debated today over whether this means for military or private use

-No forced housing of soldiers 3rd Amendment -No forced housing of soldiers Citizens do not have to house or feed soldiers during peacetime

-no illegal searches or seizures 4th Amendment -no illegal searches or seizures To combat British writs of assistance -right to privacy Police must have probable cause and must obtain a search warrant to enter your home

5th Amendment Rights of the accused -due process Every person must be treated equally in court; court must use same rules for every person -eminent domain The government cannot take private property without paying for it -grand jury Decides if there is enough evidence to indict and formally have a trial -no double jeopardy Cannot be put on trial for the same crime twice -right to remain silent Protection against self-incrimination

6th Amendment -speedy public trial Trial must begin quickly and must be held in public -right to a lawyer -jury trial Impartial jury of your peers is to hear and decide your case -informed of charges -question all witnesses

7th Amendment -Jury trial in all civil cases Right to use a jury in lawsuits over $20.00

8th Amendment -no excessive bails and fines -no cruel and unusual punishments Punishment must fit the crime

-all rights not listed are still protected 9th Amendment -all rights not listed are still protected Not all of people’s rights are listed in Constitution People have more rights Right to privacy

10th Amendment -all powers not given to the National Gov’t are reserved for the states States wanted to keep some power in new Constitution to keep federal government from getting too strong