1. Constitution
and
Bill of Rights

2. 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

4. 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

5. 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

6. 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.

7. The Bill of Rights

8. 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?

9. 2nd Amendment -bear arms Ability to own and use weapons
Still debated today over whether
this means for military or private
use

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

11. -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

12. 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

13. 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

14. 7th Amendment
-Jury trial in all civil cases
Right to use a jury in lawsuits over $20.00

15. 8th Amendment
-no excessive bails and fines
-no cruel and unusual punishments
Punishment must fit the crime

16. -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

17. 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