1. Details and Purpose THE CONSTITUTION OF THE UNITED STATES

2.  Created in 1787  Ratified by the original 13 states  Contains: 1.Preamble 2.7 Articles 3.27 Amendments FRAMEWORK

3.  Lays out the purpose of the Constitution of the US 1.Form a more perfect union of the states 2.Create a system of justice 3.Create domestic peace 4.Secure liberty for the people 5.Provide for a common defense 6.Promote the general welfare PREAMBLE

4.  Article I – sets up the legislative branch (Congress)  Article II – sets up the executive branch (Presidency)  Article III – sets up the judicial branch (US Courts)  Article IV – provides rules for state to state relations  Article V – describes how to amend the Constitution of the US  Article VI – contains the supremacy clause  Article VII – describes the ratification process used by the original 13 states 7 ARTICLES

5.  Article I  House and Senate based Congress.  House reflects VA Plan (proportional representation with every state getting at least 1 seat).  Senate reflects NJ Plan (equal representation – 2 seats per state).  Checks and Balances (study figure 2.2) NATIONAL LEGISLATURE

6.  First 10 = Bill of Rights  1 st – Religious liberty, speech liberty, press liberty  2 nd – Right to bear arms  4-6 – Rights of the accused in legal proceedings  8 th – Bans cruel or unusual punishment  10 th – Protects the state law making process in a federal system  27 Amendments with the last added in 1992  18 th Amendment repealed by the 21 st (Liquor prohibition)  Amendment process described in Article V of the US Constitution 27 AMENDMENTS

7. PERMANENT Once and amendment is added it is permanent. Another amendment can, however, reverse its provisions.

8.  Constitution of the US respects federalism.  Federalism = two primary law making powers – state and national.  State law making is protected by the 10 th Amendment (reserved powers to the states).  Every state has its own constitution and state government. FEDERAL SYSTEM

9.  Constitution is the Supreme Law of the USA.  States continue to make law but cannot conflict with the Constitution of the US.  The Constitution does NOT give us rights. We already have rights and those predate government (Hobbes/Locke/ Social Contract) so the Constitution of the US is our attempt to protect our rights.  Remember – we come together to secure government (no state of nature!) but we also know government can abuse our rights (Hobbes and his strong monarch idea).  The Constitution of the United States protects us from the GOVERNMENT and its capacity to take away OUR RIGHTS. THE HIGHEST LAW OF THE USA

10.  The Declaration of Independence (1776) is not a legal document so do not confuse it with the Constitution of the US.  It is an important philosophical document. 1.It states that people are equal. 2.It states that people have rights – life, liberty, pursuit of happiness. 3.It states that people create government. 4.It states that if government abuses our rights we have the right to rebellion. 5.See page A1 – first and second paragraphs. DECLARATION OF INDEPENDENCE