How do the specific parts of the Constitution work to create limited government and an effective democracy?
Structure
• The U.S. Constitution: • 3 Parts: 1. The Preamble2. Articles: 7 Divisions3. the amendments.
The Preamble - explains the purpose of government.
• Section 1 creates the Congress.
• Sections 2 and 3 set forth details about the two houses of Congress: the House of Representatives and the Senate.
Article I: Legislative
Article II: Executive• Outlines the detail of presidential
powers, describe required presidential qualifications, and provide for a vice president.
• Section I: Establishes a Supreme Court to head the judicial branch.
• Section 2: Outlines the jurisdiction, or authority, of the Supreme Court and other federal courts.
• Section 3: Defines treason.
Article III: Judicial
• Article IV: Explains the relationship of the states to one another and to the national government.
• Article V: Explains how the Constitution can be amended.
• Article VI: Contains the supremacy clause, establishing that the Constitution, laws passed by Congress, and treaties of the United States shall be the supreme Law of the Land.
• Article VII: Addresses ratification and declares that the Constitution would take effect after it was ratified by nine states.
Major Principles• The Constitution rests on six major principles
of government:
• Popular sovereignty—rule by the people.
• Federalism—power is divided between national and state governments.
• Separation of powers—limits the central government by dividing power among the legislative, executive, and judicial branches
• Checks and balances: Each branch of government exercises some control over the others.
Major Principles (cont.)
• Judicial review: Power of the courts to say that laws and actions of local, state, or national governments are invalid when they conflict with the Constitution.
• Limited government: Lists the powers the government is allowed and the powers that are prohibited to it.
The Bill of Rights
• Bill of Rights = individual rights
• Almost all of the provisions of the Bill of Rights have been incorporated into the states via the incorporation doctrine.
• The First Amendment protects the right of Americans to worship as they please, or to have no religion at all.
• First Amendment: Protects freedom of speech and freedom of the press.
– Government cannot censor information before it is published or broadcast.
– Freedom of speech is not unlimited—there are laws prohibiting slander and libel.
The Bill of Rights (cont.)
• Second Amendment : Right to bear arms
The Bill of Rights (cont.)
• Third Amendment: Prohibits providing shelter for soldiers in homes.
• Fourth Amendment : Limits the govt’s power to conduct searches and seizures by protecting the right to privacy.
The Bill of Rights (cont.)
– To be lawful, a search or arrest must be based on probable cause—a reasonable basis to believe a person or premises are linked to a crime.
– A search or an arrest usually requiresa search warrant or arrest warrant.
• Fifth Amendment : Four important protections for people accused of crimes:
The Bill of Rights (cont.)
1. Grand jury must find there is enough evidence to warrant a trial.
2. A person found innocent may not be tried again for the same offense (double guilty)
3. Not forced to testify against yourself (self-incriminating)
4. No one can be deprived of life, liberty, or property without due process of the law.
• Sixth Amendment: Rights of the accused
– Right to a speedy, public trial.
– Right to a trial by an impartial jury.
The Bill of Rights (cont.)
– Right to know the charges against them, so that they can prepare a defense.
• Seventh Amendment: Right to a jury trial in federal courts to settle all disputes of $20.
• Eighth Amendment:
– Prohibits excessive bail.
The Bill of Rights (cont.)
– Prevents excessive fines.
– Bans “cruel and unusual punishment” for crimes.
• Ninth Amendment: States all rights not spelled out in the Constitution are “retained by the people.”
The Bill of Rights (cont.)
• Tenth Amendment : States that “powers not delegated to the United States…nor prohibited…to the States, are reserved to the States respectively, or to the people.”
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