The Constitution By: Karissa Stolen and Maddie James.
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Transcript of The Constitution By: Karissa Stolen and Maddie James.
The ConstitutionBy: Karissa Stolen and Maddie James
The Preamble
The Preamble is an introductory statement that sets up the reasons for having an American government. It lists the major goals that America should strive for.
The ArticlesArticle I: outlines Congress legislative powers and how laws are made
Article II: outlines how executive branch is used to carry out laws and how president is elected
Article III: outlines judicial branch, there is only one Supreme Court
Article IV: outlines relations among states, how state and federal governments work
Article V: outlines how to change the Constitution/amendment process
Article VI: Supremacy Clause- laws are supreme law of the land
Article VII: Constitution is in effect after 9 states approve it
Limited Government
Limited Government is where the national government can only do what the people want it to
Rule of Law: all citizens, must obey every law, no one is above it
Popular SovereigntyPeople are the ultimate source of any power given to the government and are the ones who form it
Separation of PowersGovernment was afraid of tyranny, absolute and unlimited power and authority
They separated it into 3 powers:
-Legislative: passes laws
-Executive: president, carries out laws
-Judicial: interprets laws
Checks and BalancesPrevents one branch from owning the other two branches. It exercises powers over the actions of other branches
Veto power: president checks Congress, ability of refuse to sign congressional bills into law
The branches need the help of at least 2 other branches to take action on something
Judicial ReviewPower of the courts to decide whether a law or other governmental action violates the Constitution
Unconstitutional: what is declared if justices find that a federal/state law violates the Constitution
Marbury vs. Madison 1803
Federalism
System in which some powers belong to the national or federal government and others belong to the states
Natural Rights
Constitution doesn’t give these rights, but you get them from being alive
John Locke, “The inalienable rights of individuals are the basis for any legitimate government.”
Marbury v. MadisonJefferson was becoming president and Adams wanted to fill positions in his government to lessen his anti-federalist impact.
Commissions were sent out and Marbury didn’t receive one and wanted to sue Madison to force him to deliver the remaining commissions
Filed a Writ of Mandamus. It was declared unconstitutional by John Marshall
Writ of Mandamus
Order issued by the court to force a government official to act
Ought versus Shall
Madison refined the typical language and requires the language of “command”
“Shall” tells the government what they MUST do, not what they should do
Introducing an Amendment
-Two-thirds vote in the Senate and House of Representatives
-Two-thirds of State legislatures may request Congress to call a national amendment convention, proposed to states
Ratifying amendments
-three-fourths of state legislatures vote in favor of ratification, “traditional”
-states can call special conventions and three-fourths of the states must approve
-Amendments can be repealed, made void
Commerce Clause
Power to regulate trade among states/foreign countries
Informal Amending of the Constitution
It’s been changed through custom and usage. Tradition evolves to become written law
-Presidential Cabinet
-Presidents Tenure
-25th amendment, the VP takes over if president dies
Bill of Rights
First ten amendments, added 1791
-Created basic structure to American government
Bill of Rights1) Freedom of Speech,
Press, Religion, Petition
-The right to voice your opinion whether that be through speech or written papers.
-The right to believe in whatever you want.
-The right to oppose things you don’t approve of.
2) Right to keep and bear arms
-Your allowed to keep and own guns, if they’re licensed, to protect yourself.
Bill of Rights3) Conditions for quarters of soldiers
-Without your consent, a solider cannot stay inside your house in time of war or peace.
4) Right of search and seizure regulated
-People cannot search or take any of your things without a warrant or reasonable suspicion for a cause
Bill of Rights5) Provisions concerning prosecution
-No one can be charged without evidence.
-Can’t be convicted of a crime twice.
-Can’t witness against yourself
-Can’t be deprived of life, liberty, or property
-private property can’t be taken without compensation
6) Right to a speedy trial, witnesses, etc
-Right to every aspect of a fast trial, after the crime (a witness against him, an attorney, a jury)
Bill of Rights7) Right to a trial by jury
-The bail has to fit the crime
-No trial by a jury can be reexamined
8) Excessive bail, cruel punishment
-Excessive bail/fines are not allowed
-Cruel and unusual punishments cannot be put into action
Bill of Rights9) Rule of construction of Constitution
-You have other rights that aren’t in the Constitution
-The Constitution couldn’t write down every right people have, and this is what protects all of the other rights
10) Rights of states under the Constitution
-There are powers given to the states/people aside from the national government not specified in the Constitution
• Overall, this is a solid job, you have a few that are not completely accurate (see slides) and a couple that need a bit more explanation. Solid job
• 65/75