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The Constitution

Unit 2

The Sections of the Constitution• Preamble

o Explains why the Articles of Confederation were replaced, it also list six goals of our government

• Articleso Describe the structure of the government

• Amendmentso Additions or changes to the Constitution

Objective 2.01: Identify principles in the United States Constitution.

Goals of Preamble• “to form a more perfect union”

o To unite that states more effectively so they can operate as a single nation

• “establish justice”o To create a system of fair laws and courts to insure

that all citizens are treated equally • “insure domestic tranquility”

o Maintaining peace and order keeping citizens safe


• “provide for the common defense”o To have an army that can protect the U.S. and it’s

citizens from outside attacks • “promote the general welfare”

o To help people live healthy, happy, and prosperous lives

• “and secure the blessings of liberty to ourselves and our posterity”o To guarantee freedom and basic rights of all

Americans, including future generations (posterity)


Principles of the Constitution• Although the Framers disagreed, they did have one common

vision in mind on how the government should operateo Representative of the people and limited in scopeo power should be spread out

• To achieve these ideas the framers embraced 4 principleso Popular sovereigntyo Limited Governmento Separation of Powerso Federalism


Popular Sovereignty• People have the right to rule themselves

o “We the People”Framers designed a government that would always

reflect the will of the people• Examples:

o Expressed through elections o Elected officials can be removedo Even the President can be removed


Limited Government• Rule of Law: law applies to everyone, even those who

govern • Examples

o Article I section 9Writ of Habeas cannot be suspended

o Bill of Rights


Separation of Powers• Checks and balances: system that

gives each of the three branches of government ways to limit the powers of other twoo House of Representatives can

impeach presidento President can veto bills o Judicial branch determines if laws

are unconstitutional


Federalism (the division of power between state and national govt.)• Enumerated powers: powers specifically given to the national govt.

o Control immigration o Maintain an armyo Establish postal system

• Reserved powers: powers given to the stateso Set up & regulate schools o Rules for marriage & divorce o Formation of police organizations

• Concurrent powers: powers shared by national & state govt. o Collect taxes o Borrow moneyo Set up courts & prisoners


The Articles • The plan for our government is

organized into seven parts called articles o How the government is to

operate• The First three Articles describe

the power and responsibilities of each branch of govt.

Objective 2.02: Explain how the United States Constitution defines the framework, organization and structure of the three branches of government at the national level.

Article I• The Legislative Branch: Congress

o Framers intended this branch to take the leading role in govt.

Article I section 1 : Congress will be made of two houses • Senate • House of Representatives

o These two branches will have all lawmaking/ legislative authority (most important)

Article I section 2• Outlines the qualification for members, election and terms of

office


Article I section 7• Outlines what rules legislators must follow in making laws

o i.e. both houses must, by a majority vote and approve a bill before it becomes a law or sent to the president for signing.

Article I Section 9 also lists specific powers that congress does not have


Article I Section 8• Describes the powers given to Congress

o Enumerated Powers• Article I Section9• Implied powers: the exercising of power that may not be

specifically stated in the Constitution. o The Necessary and Proper Clause also called the Elastic

Clause Animal cloning Cyber crime


The Executive Branch• Article II calls for an executive branch or law-enforcing

branch, which is headed by the president and a vice presidento Also states how these leaders are to be elected and

how they can be removed from officeo It also describes some of presidents powers and duties


The Judicial Branch• Article III calls for one Supreme Court and such lower

courts as Congress deems appropriate• It then lists the powers of the Supreme Court and

describes the kinds of cases they may hear o i.e. cases involving the constitution


Article IV • Says that all states must respect each other’s laws, court

decisions, and recordso Full Faith and Credit Clauseo It also explains the process of creating new states and

it promises that the federal government will protect and defend the states


Article V (reveals the foresight of the framers)• specified how amendments are to be made

o Two ways an amendment can be proposed 2/3 of both houses has to vote yes on an amendment Holding of a national convention requested by 2/3 of the

stateso Ratification: Then 2/3 of the states must ratify it by either a

state convention or state legislatures


Article VI• “supreme Law of the Land”• Supremacy clause

o The US constitution is the highest form of law in the American legal system

• If states laws conflicts with federal law, federal law will prevail.


Article VII• Established procedures for ratification, or approval of the

Constitution o It will take nine states to ratify the Constitution making it

the Supreme Law of the Land


Amending the Constitution• Amendment: any change in the constitution

o A number of amendments address entirely different matters i.e. improving the way our government works

Objective 2.04: Describe how the United States Constitution may be changed and analyze the impact of specific changes.

The Bill of Rights• Guarantees certain basic rights we all have as American

citizenso Civil liberties: the freedoms we have to think and act

without govt. interference or fear of unfair treatment

Objective 1.07: Evaluate the extent to which the Bill of Rights extended the Constitution.

1st Amendment• Protects five basic freedoms• Freedom of Religion

o Establishment clause and Free Exercise clause

• Establishment: No national religion • Free Exercise: You as an American

can exercise whatever religion you choose.


1st Amendment • Freedom of speech

o We can say what is on our minds in private and public• Freedom of the Press

o The government can not practice censorship on the various forms of our press

• Freedom of Assemblyo The right to gather in groups

• Freedom to Petitiono Petition: a formal request

i.e. a document signed by hundreds of people and sending it to your representative


Limits to the 1st Amendment• The safety and security of Americans may justify a limit

placed on the First Amendment freedoms• You cannot yell, “fire” in a crowded movie theater• You cannot start a riot • Libel and slander is also not protected


2nd Amendment• This amendment guarantees Americans the right to

serve in a militia and to bear armso This gives citizens the right to protect themselves


3rd Amendment• Limits the power of the national govt. to force Americans

to quarter, or house soldiers• In times of peace soldiers, may not move into private

homes except with owners consent• In wartime, the practice is also prohibited unless people

are requested to do so by law


4th Amendment • Protects Americans against unreasonable search and

seizures• No soldier, govt. official or law enforcement official can

search a persons home or take a person’s property without that person’s permission o Need a search warrant or probable cause


5th Amendment• Protects the life and liberty of citizens by protecting the rights of people

accused of a crime• One can not be put on trial without being first indicted

o Indictment: a formal charge by a group of individuals• Protects individuals from double jeopardy

o Cannot be tried twice for the same crime• The right to remain silent

o Self incrimination, testify against yourself (torture)• Due process

o No one can be denied life liberty or property without following established legal procedures

• Eminent Domaino The govt. cannot take your property without paying a fair price first


6th Amendment• Guarantees additional right to people who are accused of

crimes• Right to be told the charges against them and a speedy trial

by an impartial jury• Trial must take place in the state or district where the crime

was committed• Right to be told the charges against them; to call in witnesses

on their behalf; and to be represented by a lawyer.


7th Amendmento Guarantees the right to a jury trial in civil cases,

providing that the amount of money involved is more than 20 dollars Civil suit: a case about individual rights and legal

obligations


8th amendment• Prohibits excessive bail or fines

o Bail: a sum of money used as a security deposit. If the person returns to trial the money is returned if the person does not return the money is forfeited

• Forbids cruel and unusual punishment


9th Amendment• This specifies that rights listed are not the only rights of

the people; protects are unwritten rightso i.e. confidentiality in our medical record and financial

records as well.


10th Amendment• Powers that are not specifically assigned to the national

govt. belong to the stateo i.e. set up schools, license lawyers o Reserved powers


11th Amendment• Lawsuits brought against states by citizens of other

states or by a foreign nation must be tried in a state court12th Amendment• This amendment was adopted to clarify and solve some

problems with the electoral process established in Article IIo Before this amendment there was one ballot o This amendment established two ballots and the electors

meet in their own states


13th Amendment• At the end of the Civil War, Lincoln’s Emancipation

Proclamation only freed enslaved persons in the Confederacyo This Amendment ended slavery in all the remaining states

and territories


14th Amendment• This amendment defined a U.S. citizen, as anyone who

is “born or naturalized in the United States”• This amendment also required every state to grant its

citizens “equal protection of the laws”• Another element of the 14th was that it forbid the state

govt. from taking a persons “life, liberty, without due process”


15th Amendment• The right to vote (granted suffrage to African Americans)• Suffrage: the right to vote (last of the Civil war

amendments)o No state may take away a persons voting rights on the

basis of race, color, or previous enslavement


16th Amendment• Income Tax

o Congress passed this bill giving the federal govt. the power to levy an income tax

17th Amendment • Direct election of senators

o Previously senators were chosen by the state legislatures


18th Amendment• Prohibition of intoxicating Liquors

o This ban sent crime upwards through the illegal sale and distribution of liquor

19th Amendment• Women’s right to vote

o Starting in 1878 a bill to grant women suffrage was introduced and every year after that until finally it was granted in 1920


20th Amendment • Presidential and Congressional terms (Lame Duck

Amendment)o Lame duck: period of time the President or congressional

members are awaiting to leave office after not winning re-election or announcing retirement

21st amendment• Repeal of Prohibition

o Repeal: the amendment was removed o States could still choose to ban liquor if they wanted


22nd Amendment• Limit on the number of Presidential terms

o A president may not be elected more than two terms 23rd Amendment• Electors for District of Columbia

24th Amendment • Poll Taxes

o In some southern states the use of poll taxes still existed o Poll tax: money needed to cast a vote


25th Amendment • Presidential Disability and Succession

o Who becomes President if the current President dies? Vice president

o Who becomes President if both the President and vice president die? Speaker of the House

o What is the succession after the Speaker? President Pro Tempore of the senate Secretary of the State Secretary of the Treasury


26th Amendment • Voting Rights for 18-year-olds

o Thought process of public at the time, was if 18 was a legal age to go off and fight in Vietnam, than it was good enough for voting

27th Amendment• Restraint on Congressional Salaries (1992)


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