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How do the specific parts of the Constitution work to create limited government and an effective democracy? Essential Question

Structure The U.S. Constitution: 3 Parts: The Preamble Articles: 7 Divisions the amendments. The Preamble - explains the purpose of government. Section 1

Article I: Legislative Section 1 creates the Congress. Sections 2 and 3 set forth details about the two houses of Congress: the House of Representatives and the Senate. Article II: Executive Outlines the detail of presidential powers, describe required presidential qualifications, and provide for a vice president.

Article III: Judicial Section I: Establishes a Supreme Court to head the judicial branch. Section 2: Outlines the jurisdiction, or authority, of the Supreme Court and other federal courts. Section 3: Defines treason.

Article V: Explains how the Constitution can be amended. Article IV: Explains the relationship of the states to one another and to the national government. Article V: Explains how the Constitution can be amended. Article VI: Contains the supremacy clause, establishing that the Constitution, laws passed by Congress, and treaties of the United States shall be the supreme Law of the Land. Article VII: Addresses ratification and declares that the Constitution would take effect after it was ratified by nine states. Section 1

Major Principles The Constitution rests on six major principles of government: Popular sovereignty—rule by the people. Federalism—power is divided between national and state governments. Separation of powers—limits the central government by dividing power among the legislative, executive, and judicial branches Section 1

Major Principles (cont.) Checks and balances: Each branch of government exercises some control over the others. Judicial review: Power of the courts to say that laws and actions of local, state, or national governments are invalid when they conflict with the Constitution. Limited government: Lists the powers the government is allowed and the powers that are prohibited to it. Section 1

The Bill of Rights Bill of Rights = individual rights Almost all of the provisions of the Bill of Rights have been incorporated into the states via the incorporation doctrine. The First Amendment protects the right of Americans to worship as they please, or to have no religion at all. Section 4

The Bill of Rights (cont.) First Amendment: Protects freedom of speech and freedom of the press. Government cannot censor information before it is published or broadcast. Freedom of speech is not unlimited— there are laws prohibiting slander and libel. Section 4

The Bill of Rights (cont.) Second Amendment : Right to bear arms Third Amendment: Prohibits providing shelter for soldiers in homes. Section 4

The Bill of Rights (cont.) Fourth Amendment : Limits the govt’s power to conduct searches and seizures by protecting the right to privacy. To be lawful, a search or arrest must be based on probable cause—a reasonable basis to believe a person or premises are linked to a crime. A search or an arrest usually requires a search warrant or arrest warrant. Section 4

The Bill of Rights (cont.) Fifth Amendment : Four important protections for people accused of crimes: Grand jury must find there is enough evidence to warrant a trial. A person found innocent may not be tried again for the same offense (double guilty) Not forced to testify against yourself (self-incriminating) No one can be deprived of life, liberty, or property without due process of the law. Section 4

The Bill of Rights (cont.) Sixth Amendment: Rights of the accused Right to a speedy, public trial. Right to a trial by an impartial jury. Right to know the charges against them, so that they can prepare a defense. Section 4

The Bill of Rights (cont.) Seventh Amendment: Right to a jury trial in federal courts to settle all disputes of $20. Eighth Amendment: Prohibits excessive bail. Prevents excessive fines. Bans “cruel and unusual punishment” for crimes. Section 4

The Bill of Rights (cont.) Ninth Amendment: States all rights not spelled out in the Constitution are “retained by the people.” Tenth Amendment : States that “powers not delegated to the United States…nor prohibited…to the States, are reserved to the States respectively, or to the people.” Section 4

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