1. THE UNITED STATES CONSTITUTION
ARTICLES I-VII
THE BILL OF RIGHTS
AMENDMENTS 11-27

2. II. Major Principles (pages 65–67)
A. Popular sovereignty, or rule by the people, is the cornerstone of the Constitution.
B. Federalism, in which power is divided between national and state governments, is the government’s basic structure.

3. II. Major Principles (pages 65–67) Continued
C. The Constitution provides for separation of powers among the legislative, executive, and judicial branches.
D. Checks and balances, the process by which each branch of government exercises some powers over the others, guarantees that no branch of government will become too powerful.

4. II. Major Principles (pages 65–67) Continued
E. Judicial review, or the power of the courts to overturn laws and actions of national, state, and local governments ensures that laws made by Congress and the states do not violate individual rights.
F. Limited government, in which the Constitution limits government actions by specifying its powers and listing powers it does not have, retains for the people the right to govern themselves.

5. Discussion Question
Both federalism and the separation of powers divide the powers of government. Compare these two methods of dividing power.
(Federalism: state and national levels; separation of powers: three functions of government.)

6. PREAMBLE
“ WE, THE PEOPLE OF THE UNITED STATES, IN ORDER TO FORM A MORE PERFECT UNION, ESTABLISH JUSTICE, ENSURE DOMESTIC TRANQUILITY, PROVIDE FOR THE COMMON DEFENSE, PROMOTE THE GENERAL WELFARE, AND SECURE THE BLESSINGS OF LIBERTY TO OURSELVES AND OUR POSTERITY, DO ORDAIN AND ESTABLISH THIS CONSTITUTION FOR THE UNITED STATES OF AMERICA.”

7. ARTICLE I: THE LEGISLATIVE BRANCH (Lawmaking)
Congress – bicameral (2 houses)
-House of Representatives (proportional)
-Senate (equal representation)

8. A LOOK AT THE HOUSE (Lower House)
Qualifications: 25 yrs., citizen for 7 yrs., and resident of the state
-Term: 2 years
-Number of members: 435
-Presiding officer: Speaker (majority party)
-Impeachment process: brings charges (to “impeach”)

9. A LOOK AT THE SENATE (Upper House)
-Qualifications: 30 yrs., 9 yrs. citizen, resident
-Term: 6 yrs., staggered elections
-Number: 2 per state = 100
-Presiding offer: President of the Senate (V.P.)
-Officer in charge: President Pro Tempore
-Impeachment process: convicts and removes

10. POWERS GRANTED TO CONGRESS
-Money
Raise & spend taxes
Regulate trade
Borrow money
Post Office
Coin Currency
Copyrights, patents

11. POWERS GRANTED TO CONGRESS…CONTINUED
-Courts
Creates federal court system
Federal Judges approved by Senate

12. POWERS GRANTED TO CONGRESS…CONTINUED
Make War
Only Congress can declare war!
NO FORMAL DECLARATION OF WAR SINCE 1941

13. POWERS GRANTED TO CONGRESS…CONTINUED
-The “Elastic Clause” (Article I, section 8, clause 18)
Allows Congress to pass laws not described in Constitution provided they are “necessary and proper.”

14. POWERS DENIED THE FEDERAL GOVERNMENT
Slave trade: ends in 1808
(This was a compromise between North and South to encourage ratification)

15. POWERS DENIED TO CONGRESS…CONTINUED Pre-Bill of Rights Protections
Habeas Corpus: “show cause” for arrest and holding a suspect for a crime

16. POWERS DENIED TO CONGRESS…CONTINUED Pre-Bill of Rights Protections
No Bill of Attainder: cannot punish a person w/o trial
ELIZABETHAN ENGLAND: Bill of Attainder required merely a suspicion of guilt, King’s/Queen’s signature

17. POWERS DENIED TO CONGRESS…CONTINUED Pre-Bill of Rights Protections
NO EX POST FACTO LAWS
cannot punish a person for an act that was not a crime at the time the act was committed

18. POWERS DENIED TO STATES
NO: foreign policy, can’t declare war, anti-rights laws, export/import taxes

19. ARTICLE II – THE EXECUTIVE (LAW ENFORCING BRANCH)
A LOOK AT THE PRESIDENT
-Qualifications: 35 yrs., 14 yrs. resident, natural-born citizen
-Term: 4 years; limited to two terms by amendment
-Vacancies: Vice-Presidential succession

20. METHOD OF PRESIDENTIAL ELECTION
-Elected by Electoral College: 1st Tuesday after 1st Monday in November every four years
POPULAR VOTE (YOU AND ME) ELECT THE ELECTORS
ELECTORS THEN ELECT PRESIDENT & V.P.

21. + (PLUS) THE ELECTORAL PROCESS EACH STATE’S ELECTORS IS:
NUMBER OF SENATORS (2)
+ (PLUS)
NUMBER OF REPRESENTATIVES

22. Oath of Office: promises to protect/defend Constitution
-Powers: Head of military, pardons, treaties, appointments (Senate)
-Duties: State of the Union, receive/reject foreign diplomats

23. PRESIDENT’S 7 “HATS” OFFICIAL: CHIEF EXECUTIVE – enforces laws
CHIEF DIPLOMAT – conducts foreign relations
HEAD OF STATE – ceremonial role as leader
CHIEF LEGISLATOR – signs bills into law
COMMANDER-IN-CHIEF – head of Army, Navy, Air Force, Marines.
UNOFFICIAL:
6. PARTY CHIEF – main figure in Republican or Democratic Party
7. DIRECTOR OF ECONOMY -

24. IMPEACHMENT - REMOVAL
Impeachment: treason, bribery, high crimes, misdemeanors
IMPEACH: TO BRING CHARGES OF WRONGDOING
HOUSE- impeaches
SENATE – tries, removes

25. ARTICLE III: THE JUDICIAL BRANCH (Law Interpreting)
A LOOK AT THE SUPREME COURT
-The Supremes: 8 Associate Justices, 1 Chief Justice (9 total)
-Term: appointed for life, (but impeachable)
-Jurisdiction: original, appellate
-Treason

26. THE ROBERTS COURT, 2015 CHIEF JUSTICE, JOHN ROBERTS
JUSTICE RUTH BADER GINSBURG
APPOINTED BY: CLINTON, 1993
CHIEF JUSTICE, JOHN ROBERTS
APPOINTED BY: GW Bush, 2005
JUSTICE ELENA KAGAN
APPOINTED BY: OBAMA, 2010
JUSTICE ANTHONY KENNEDY
APPOINTED BY: REAGAN, 1986
JUSTICE SAMUEL ALITO
APPOINTED BY: GW BUSH, 2006
JUSTICE ANTONIN SCALIA
APPOINTED BY: REAGAN, 1986
JUSTICE SONIA SOTOMAYOR
APPOINTED BY: OBAMA, 2009
JUSTICE CLARENCE THOMAS
APPOINTED BY: BUSH, SR., 1991
JUSTICE STEPHEN BREYER
APPOINTED BY: CLINTON, 1994

27. ARTICLE IV: RELATIONS AMONG THE STATES
-citizenship, extradition, fugitive slaves, republicanism
FULL FAITH AND CREDIT PROVISION- States must recognize laws of other States.
Marriage
College degrees
Citizens traveling must obey laws where they are, not of home State

28. ARTICLE V: AMENDING THE CONSTITUTION
PROCESSES BY WHICH CONSTITUTION OPERATES CAN BE CHANGED, THOUGH NOT EASILY
Two methods for proposing amendments
2/3 vote for the amendment in both houses of Congress.
2/3 of states at a national convention for the proposed amendment.
Two methods for ratification
¾ of state legislatures approve the amendment.
¾ of state conventions approve the amendment

29. ARTICLES VI, VII NATIONAL SUPREMACY, RATIFICATION
ARTICLE VI
CONSTITUTION IS SUPREME LAW OF THE LAND
TAKES PRECEDENCE OVER STATE, LOCAL LAW
ARTICLE VII
OF ORIGINAL 13 STATES, 9 MUST RATIFY (APPROVE)
RATIFIED 1788, FIRST PRESIDENT, CONGRESS, SUPREME COURT WERE INSTALLED in 1789

30. THE BILL OF RIGHTS
THE BILL OF RIGHTS INCLUDES AMENDMENTS (CHANGES) 1-10.
ANTI-FEDERALISTS DEMANDED A BILL OF RIGHTS IN ORDER TO AGREE TO CONSTITUTION.
12 ORIGINALLY PROPOSED, 10 PASSED,

31. (1791) AMENDMENT 1: PERSONAL FREEDOMS (5 Freedoms)
CONGRESS SHALL MAKE NO LAW RESTRICTING THE FREE EXERCISE OF
SPEECH,
FREEDOM OF THE PRESS,
PEACEABLE ASSEMBLY,
FREEDOM OF RELIGION,
RIGHT TO PETITION

32. 1ST AMENDMENT - FREEDOM OF SPEECH
LAWS CAN NOT SUPRESS CRITICISM OF GOVERNMENT, UNPOPULAR SPEECH
LIMITS, SLANDER, TREASON, “CLEAR AND PRESENT DANGER”

33. FIRST AMENDMENT – FREEDOM OF PRESS
CARL BERNSTIEN, BOB WOODWARD
PRESS – PRINTED MEDIA
LIMITS - LIBEL, “CLEAR AND PRESENT DANGER”

34. FIRST AMENDMENT – FREEDOM OF RELIGION
NO ESTABLISHED CHURCH, NO INTERFERENCE
LIMITATION: ENDANGERMENT
NO RELIGIOUS TEST FOR OFFICE

35. FIRST AMENDMENT – FREEDOM OF ASSEMBLY
CITIZENS MAY ASSEMBLE IN PROTEST / SUPPORT OF AN ISSUE
LIMITS: LOITERING, TRESSPASSING, VAGRANCY

36. FIRST AMENDMENT – RIGHT TO PETITION
CITIZENS MAY PETITION ANY GOVERNMENT AGENCY OR OFFICIAL FOR CHANGE; TELL GRIEVANCES, WITHOUT PAYBACK OR PUNISHMENT

37. SECOND AMENDMENT – RIGHT OT BEAR ARMS
ORIGINAL INTENT: FRONTIER PEOPLE MUST DEFEND HOMES THROUGH MILITIA SYSTEM
21ST CENTURY INTERPRETATION IS CONTROVERSIAL ISSUE

38. THIRD AMENDMENT – QUARTERING TROOPS
TROOPS MAY NOT BE HOUSED IN CITIZENS’ HOMES WITHOUT CONSENT
RESPONSE TO 1765 QUARTERING ACT

39. 4TH AMENDMENT – PROTECTION IN SEARCH - SEIZURE
ANY SEARCH / SEIZURE MUST BE REASONABLE:
WARRANT
PROBABLE CAUSE
IMMEDIATE KNOWLEDGE OF CRIME
CONSENT

40. 4TH AMENDMENT CONTINUED
COURT CASE NEW JERSEY v TLO (1985)
SHCOOLS ONLY NEED “REASONABLE SUSPICION” TO SEARCH
“REASONABLENESS” IS LOWER STANDARD IN SCHOOLS THAN IN SOCIETY AT LARGE

41. 5TH AMENDMENT – RIGHTS OF ACCUSED
PROTECTION AGAINST SELF-INCRIMINATION “You have the right to remain silent…”
SUSPECTS CAN NOT BE MADE TO TELL ON THEMSELVES

42. 5TH AMENDMENT CONTINUED
PROTECTION AGAINST “DOUBLE JEOPARDY”
CAN NOT BE TRIED FOR A CRIME ONCE ACQUITTED

43. 6TH AMENDMENT RIGHT TO FAIR AND SPEEDY TRIAL RIGHT TO AN ATTORNEY
RIGHT TO FACE ACCUSER(S)
RIGHT TO JURY OF ONE’S PEERS

44. 7TH AMENDMENT – CIVIL SUITS
JURY TRIAL GUARANTEED IF AMOUNT IS OVER $20.
TODAY, MOST STATES AGREE AMOUNT IS $5,000

45. 8TH AMENDMENT – PROTECTION AGAINST CRUEL AND UNUSUAL PUNISHMENT
TORTURE USED IN RENAISSANCE ENGLAND
INTENT IS TO PREVENT BARBARIC EXECUTION, TORTURE TO COERCE CONFESSION

46. 9TH AMENDMENT – POWERS RESERVED TO THE PEOPLE
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ESTABLISHES “LIMITED GOVERNMENT”

47. 10TH AMENDMENT – POWERS RESERVED TO THE STATES
                                                                                                                                                            
POWERS NOT SPECIFICALLY GIVEN (ENUMERATED) TO FEDERAL ARE RESERVED TO STATE GOVERNMENTS

48. THE REMAINIGNG AMENDMENTS

49. 11TH AMENDMENT – SUITS AGAINST STATES
SUITS AGAINST STATES ORIGINATE IN STATE (NOT FEDERAL) COURT

50. 12TH AMENDMENT – PRESIDENTIAL ELECTION
RESULT OF 1796 ELECTION
ELECTORS CAST 2 BALLOTS, ONE FOR PRESIDENT, ONE FOR V.P.
PRES. / V.P RUN AS A TEAM

51. 13TH AMENDMENT
CIVIL WAR AMENDMENT
ABOLISHED SLAVERY
ENOUGH SAID

52. 14TH AMENDMENT CIVIL WAR AMENDMENT
CITIZENSHIP DEFINED (RESULT OF DRED SCOTT)
“EQUAL PROTECTION” UNDER LAW ESTABLISHED

53. 15TH AMENDMENT – BLACK SUFFRAGE
CIVIL WAR AMENDMENT
RIGHT TO VOTE (SUFFRAGE) GRANTED TO AFRICAN-AMERICAN MEN
SORRY, LADIES…NOT YET

54. 16TH AMENDMENT – INCOME TAX
CONGRESS HAS THE POWER TO LAY AND COLLECT TAXES ON PERSONAL INCOME

55. 17TH AMENDMENT - DIRECT ELECTIONS OF SENATORS
SENATORS (AS OF 1913) ELECTED BY EACH STATES POPULATION
FORMERLY, SENATORS CHOSEN BY STATE LEGISLATURES

56. 18TH AMENDMENT – PROHIBITION OF ALCOHOL
SALE, MANUFACTURING, TRANSPORTATION OF ALL ALCOHOL MADE ILLEGAL

57. 19TH AMENDMENT – WOMENS’ SUFFRAGE
RIGHT TO VOTE AND NOT BE DENIED OR ABRIDGED BY THE FEDERAL OR STATE GOVERNMENTS ON ACCOUNT OF SEX

58. 20TH AMENDMENT – PRESIDENTIAL ELECTION
SHORTENED THE “LAME DUCK” PERIOD
PREDISENTIAL INAUGURAL MOVED FROM MARCH 4 TO JANUARY 20 AT NOON

59. 21ST AMENDMENT – REPEALED THE 18TH
SO, PEOPLE STARTED DRINKING AGAIN…LEGALLY, THAT IS.

60. 22ND AMENDMENT – THE PRESIDENCY AGAIN…TERM LIMITS
PRESIDENT IS LIMITED TO 2 TERMS, NOT NECESSESARILY CONSECUTIVE
MORE THAN 2 YEARS OF FILLING A VACANCY COUNTS AS 1 TERM
TOTAL TERM LIMIT = 10 YEARS
                                                       

61. 23RD AMENDMENT – ELECTORS FOR D.C.
DISTRICT OF COLUMBIA GAINED SAME NUMBER OF ELECTORS AS THOUGH IT WERE A STATE
(CURRENTLY 3)

62. 24TH AMENDMENT – ABOLISHED POLL TAX
“JIM CROW” ERA PRACTICE TO EXCLUDE AFRICAN-AMERICAN VOTERS FROM VOTING
POLL TAX MADE UNCONSTITUTIONAL

63. 25TH AMENDMENT – YET AGAIN, THE PRESIDENCY (PRESIDENTIAL SUCCESSION)
IF PRES DIES, RESIGNS, OR IS REMOVED, V.P. BECOMES PRES
PRES CAN SIGN OVER EXECUTIVE AUTHORITY TO V.P.
MAJORITY OF CABINET CAN GIVE EXEC POWER TO V.P.

64. 26TH AMENDMENT – 18-YEAR-OLDS GRANTED SUFFRAGE
RESPONSE TO VIETNAM WAR
MOST STATES’ VOTING AGE WAS 21 (GA WAS 18!!!)
AVERAGE AGE IN VIETNAM WAS 19

65. 27TH AMENDMENT – CONGRESSIONAL PAY RAISES
CONGRESS MUST PAY ITSELF, AS IT HAS THE PURSE STRINGS
CONGRESS CAN’T COLLECT ON A PAY RAISE UNTIL AFTER THE NEXT ELECTION
RESPONSE TO 1988 “MIDNIGHT PAY RAISE”

66. HOORAY!!!!!