DO NOW-Think

• We have talked about how living in America means living in a free country. What, in your opinion, is the freedom that we have that other countries might take for granted?– For example: The right to a speedy trial

An Introduction & Overview to the US Constitution

What is the US Constitution?

• The supreme law of the United States.

• It is the foundation and source of the legalauthority underlying the existence of the United

States of America and the Federal Government of the United States.

• It provides the framework for the organizationof the United States Government.

What are the basic principals of the Constitution?

– Popular Sovereignty• Government power resides in the people

– Limited government• Government is not all powerful, can only do what the

people let it.– Separation of Powers

• Helps prevent one branch from becoming too powerful– Checks and Balances– Federalism

• Division of power among national and state governments• Articles of Confederation

Who Wrote It?• James Madison is

considered “the father of the Constitution.”

• His important contributions:– The Virginia Plan (congressional

representation based on population)

– Separation of Powers– Bill of Rights

Why Was it Written?

• After the Revolutionary War, the Articles of Confederation set up the structure of the US Government.

• The federal government was extremely weak and this created many problems such as:– 1. No separation of powers – only 1 branch.– 2. Weak central government – states had most

power.– 3. Congress did not have the power to tax – this

means they could not get their finances in order.

When was it Written?• May 25th to September

17th, 1787• Philadelphia• Intention was to revise

Articles of Confederation• Ended up replacing the

Articles and creating a new government

• Called the “Constitutional Convention.”

Important Outcomes of the Constitutional Convention

• Virginia Plan: based on population• New Jersey Plan: where every state received

equal representation.• Great Compromise: Mix of VA and NJ Plans:

House of Representatives based on population, and the Senate based upon equal representation

• Three-Fifth’s Clause: Slaves count as 3/5’s of a person for representation purposes.

Ratification Debate

• Needed 9 of 13 states to ratify or officially approve of the Constitution before it went into effect.

• A huge debate emerged between two sides:– Federalists– Anti-Federalists

Federalists vs. Anti-Federalists

• Federalists:– Supported the

Constitution and a strong central government

• Federalist Papers –series of articles written in defense of the Constitution

•Anti-Federalists:•Supported a weaker central government felt too much power was taken away from the states

• Opposed the Constitution• Wanted a Bill of Rightsincluded

•Turn to the person next to you: Which side would you side with?

Ratification

• Officially adopted after ratified by New Hampshire.

• Once the new government convened, they added a Bill of Rights to the Constitution.

Structure of the Constitution• Preamble: Statement of purpose• Articles:

– I: Legislative Branch– II: Executive Branch– III: Judicial Branch– IV: Relations Among the States– V: Amendment Process– VI: Federal Power– VII: Ratification

• Amendments:– 27 Total– 1st ten are the Bill of Rights

Article 1: Legislative Branch• Bicameral: 2 houses

– Senate: 2 Senators for each state• Serve for 6 year

terms

– House of Representatives: Based on population• Serve for 2 year

terms

Important Powers:•Make laws•Set taxes•Declare war•Override Vetoes•Borrow money•Regulate international and national trade•Print money

Article 2: Executive Branch

• President and Vice President are elected to 4 year terms

• Qualifications:– At least 35 years old– 14 year resident of the US– Natural born citizen

• Elected by the Electoral College

Important powers:•Commander-in-Chief•Grant pardons•Make treaties•Appoint federal officers•Ensure laws are executed

Article 3: Judicial Branch

• Supreme Court judges serve for life unless impeached.

• Judicial power rests with US Supreme Court and other courts created by Congress

•Important Powers:•Decides cases of Constitutional law and federal law• Cases involving ambassadors go straight to Supreme Court

• Turn to the person next to you: Which branch do you think is the most important (if you had to pick one)? Why?

Checks and Balances

• Prevents the abuse of power in government• Each branch can check each other branch

Executive Checks

• Propose laws to Congress• Veto laws made by Congress• Negotiate foreign treaties• Appoint federal judges• Grant pardons to federal offenders

Legislative Checks

• Override president’s veto• Ratify treaties• Confirm executive appointments• Impeach federal officers and judges• Create and dissolve lower federal courts

Judicial Checks

• Declare executive acts unconstitutional• Declare laws unconstitutional• Declare acts of Congress unconstitutional

Article 5: Amendments

• Amendment: a formal written change to the Constitution

• Important Amendments: Bill of Rights– First 10 amendments

Bill of Rights

Bill of Rights cont’d6 Right to Speedy Trial and right to an

attorney.

7 Trial by Jury in Civil Cases

8 No Cruel and unusual punishment & no excessive bail.

9 Powers not named go to the people

10 Powers not named to go to the States and People

So What?? What does this right mean to a citizen?

On the Translating the Bill of Rights handout.1. Match the Amendment with the “So What

explanation.”2. Then think of hand motions for each of the

Amendments so you can remember what it means

SO WHAT???What does this right mean to a citizen?

Amendment

So What??

1 •I can express my opinion verbally and symbolically even if I am criticizing the gov’t, BUT I can’t cause people harm.•The gov’t cannot establish a national religion, I am free to be any religion I choose. Church and state are separate in America.•I can collect signatures petitioning a change in the gov’t•The press can print anything as long as it can be supported by fact.

SO WHAT???What does this right mean to a citizen?

2 I can own a gun.

3 The gov’t CANNOT ask me to house a member of the military.

4 Police need a warrant to search me or take my property.

5 •I DO NOT have to testify against myself (“right to remain silent”)•I can’t be tried for the same crime twice•Due Process: everyone must have a fair, public trial, an impartial jury, laws must apply to all people fairly.

SO WHAT???What does this right mean to a citizen?

6 My trial can not drag on forever and if I cannot afford an attorney one will be appointed to me.

7 If I am involved in a civil case (law suits) then I also will have a trial by jury.

8 •I can’t have a severe punishment for a small crime, or a punishment that is “unusually cruel” like being stoned to death.•The judge must set bail that matches the crime.

9 •I have rights, like the right to drive a car, that are not given to me specifically in the Constitution.

10 •The states also have rights, like the right to establish schools, that are not given to them in the Constitution

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