the constitution part #1: preamble part #2: articles part #3: amendments
TRANSCRIPT
The ConstitutionThe Constitution
Part #1: PreamblePart #1: Preamble
Part #2: ArticlesPart #2: Articles
Part #3: AmendmentsPart #3: Amendments
The ConstitutionThe Constitution
““It is a plan, but not a straitjacket, It is a plan, but not a straitjacket, flexible and short.” – Harry S. flexible and short.” – Harry S. TrumanTruman
The Constitution is considered a The Constitution is considered a living document. living document. It has the ability to adapt to the It has the ability to adapt to the
changing times we go through in our changing times we go through in our nation.nation.
Part #1: The PreamblePart #1: The Preamble
““We the People of the United States, We the People of the United States, in in Order to form a more perfect Order to form a more perfect UnionUnion, , establish justiceestablish justice, , insure insure domestic Tranquilitydomestic Tranquility, , provide for the provide for the common defensecommon defense, , promote the promote the general Welfaregeneral Welfare, and , and secure the secure the blessings of Liberty to ourselves blessings of Liberty to ourselves and our Posterityand our Posterity, do ordain and , do ordain and establish this Constitution of the United establish this Constitution of the United States of America.”States of America.”
Part #1: The PreamblePart #1: The Preamble
What does the mean?What does the mean? The Preamble introduces the The Preamble introduces the
ConstitutionConstitution Sets forth the general purposes for Sets forth the general purposes for
which the government was established.which the government was established. It declares that the power of the It declares that the power of the
government comes from the people.government comes from the people.
Part #1: The PreamblePart #1: The Preamble
““To form a more perfect To form a more perfect Union”:Union”:To unite the states more To unite the states more effectively so they can effectively so they can operate as a single operate as a single nation, for the good of allnation, for the good of all
Part #1: The PreamblePart #1: The Preamble
““To establish Justice”:To establish Justice”: To create a system of fair To create a system of fair laws and courts and make laws and courts and make certain that all citizens are certain that all citizens are treated equally.treated equally.
Part #1: The PreamblePart #1: The Preamble
““To insure domestic To insure domestic Tranquility”:Tranquility”:To maintain peace and To maintain peace and order, keeping citizens and order, keeping citizens and their property safe from their property safe from harm.harm.
Part #1: The PreamblePart #1: The Preamble
““To provide for the To provide for the common defense”:common defense”:To be ready militarily to To be ready militarily to protect the country and its protect the country and its citizens form outside citizens form outside attacksattacks
Part #1: The PreamblePart #1: The Preamble
““To promote the To promote the general Welfare”:general Welfare”:To help people live To help people live healthy, happy, and healthy, happy, and prosperous lives.prosperous lives.
Part #1: The PreamblePart #1: The Preamble
““To secure the blessings To secure the blessings of Liberty to ourselves of Liberty to ourselves and our Posterity”and our Posterity”To guarantee the freedom To guarantee the freedom and basic rights of all and basic rights of all Americans, including future Americans, including future generations (posterity)generations (posterity)
Part #2: The ArticlesPart #2: The Articles
The 7 articles that follow the The 7 articles that follow the Preamble explain how the Preamble explain how the government is to work.government is to work.
The first 3 articles describe the The first 3 articles describe the powers and responsibilities of each powers and responsibilities of each branch of government in turn.branch of government in turn.
The remaining articles address more The remaining articles address more general matters.general matters.
Article IArticle I
No accident that the first article No accident that the first article deals w/ the legislative branch.deals w/ the legislative branch. Framers intended the legislative to take Framers intended the legislative to take
the leading role in government.the leading role in government. Article I says that a Congress made Article I says that a Congress made
of two houses – the Senate and the of two houses – the Senate and the House of Representatives – will have House of Representatives – will have all lawmaking authority.all lawmaking authority.
Article IArticle I
Then the article describes how Then the article describes how members of each house will be members of each house will be chosen and what rules they must chosen and what rules they must follow in making laws.follow in making laws. Example: a majority of both senators Example: a majority of both senators
and representatives must vote for a bill and representatives must vote for a bill before it can become law.before it can become law.
Article IArticle I
Article I also lists specific powers that Article I also lists specific powers that Congress does and does not have.Congress does and does not have.
Example: Example: Has power to tax, regulate foreign and Has power to tax, regulate foreign and
interstate trade, coin money, and declare interstate trade, coin money, and declare war.war.
Powers forbidden to Congress: Tax Powers forbidden to Congress: Tax exports or favor one state over another exports or favor one state over another state.state.
Article IIArticle II
Article II provides for an executive Article II provides for an executive branch of government headed by a branch of government headed by a president and vice-president.president and vice-president.
It explains how these leaders are to It explains how these leaders are to be elected and how they can be be elected and how they can be removed from office.removed from office.
Article IIArticle II
The article also describes some of The article also describes some of the president’s powers and duties.the president’s powers and duties. Commanding the armed forcesCommanding the armed forces Dealing with the leaders of other Dealing with the leaders of other
countries countries Appointing certain govrenment officialsAppointing certain govrenment officials
Article IIIArticle III
The Judicial Branch is the part of The Judicial Branch is the part of government that interprets the laws government that interprets the laws and see that they are fairly applied.and see that they are fairly applied.
Article III then lists the powers of the Article III then lists the powers of the federal courts and describes the federal courts and describes the kinds of cases they may hear.kinds of cases they may hear. This includes cases involving the This includes cases involving the
Constitution, federal laws, and treaties, Constitution, federal laws, and treaties, and disputes b/t states.and disputes b/t states.
Articles IV - VIIArticles IV - VII
In Article IV, the Framers shifted their In Article IV, the Framers shifted their focus to the states.focus to the states. It says that all state must respect each It says that all state must respect each
other’s laws, court decisions, and other’s laws, court decisions, and records.records.
It also explains the process for creating It also explains the process for creating new states, and it promises that the new states, and it promises that the federal government will protect and federal government will protect and defend the states.defend the states.
Articles IV - VIIArticles IV - VII
Article V: The Framers realized that Article V: The Framers realized that the Constitution might need the Constitution might need modification over time.modification over time.
Thus they specified how Thus they specified how amendments are to be made.amendments are to be made.
Articles IV - VIIArticles IV - VII
Article VI: Declares the Constitution Article VI: Declares the Constitution the “supreme Law of the Land”the “supreme Law of the Land”
It adds that if state laws or court It adds that if state laws or court decisions conflict with federal law, decisions conflict with federal law, the federal law shall prevail.the federal law shall prevail.
Articles IV - VIIArticles IV - VII
Article VII: The Constitution would Article VII: The Constitution would take effect when 9 of 13 states had take effect when 9 of 13 states had ratified it.ratified it.
Amending the ConstitutionAmending the Constitution
It has been amended 27 times.It has been amended 27 times. The first 10 amendment, known as the Bill The first 10 amendment, known as the Bill
of Rights, were added in 1791.of Rights, were added in 1791. A number of amendments address entirely A number of amendments address entirely
different matters, such as improving the different matters, such as improving the way our government worksway our government works 1616thth Amendment: was passed in 1913, to allow Amendment: was passed in 1913, to allow
Congress to collect an income tax.Congress to collect an income tax. Income tax – a tax on people’s earnings. Helps pay Income tax – a tax on people’s earnings. Helps pay
for government services.for government services.
The Amendment ProcessThe Amendment Process
Of thousands of amendments under Of thousands of amendments under consideration, only 27 have become consideration, only 27 have become law.law. The Framers deliberately made the process The Framers deliberately made the process
difficult.difficult. They made sure the Constitution could not They made sure the Constitution could not
be altered without the overwhelming be altered without the overwhelming support of the people.support of the people.
At the same time, the ability to amend At the same time, the ability to amend the Constitution is necessary.the Constitution is necessary.
The Amendment ProcessThe Amendment Process
The process for making an amendment to The process for making an amendment to the Constitution, as outlined in Article V, the Constitution, as outlined in Article V, involves two steps:involves two steps:
ProposalProposal & & RatificationRatification The first method – used for all The first method – used for all
amendments so far – is by congressional amendments so far – is by congressional action.action.
A vote of 2/3 of the members of both A vote of 2/3 of the members of both houses of Congress is required.houses of Congress is required.
The Amendment ProcessThe Amendment Process
The second method is by a national The second method is by a national convention requested by 2/3 of the convention requested by 2/3 of the state legislatures.state legislatures.
Once a national amendment has Once a national amendment has been proposed…been proposed…
The Amendment ProcessThe Amendment Process
¾ of the states must ratify it.¾ of the states must ratify it. The states have two ways to do this:The states have two ways to do this:
By a vote of either the state legislatures By a vote of either the state legislatures or a special state convention. or a special state convention.
Only 1 amendment, the 21Only 1 amendment, the 21stst Amendment, Amendment, has been ratified by means of state has been ratified by means of state conventions.conventions.
Interpreting the ConstitutionInterpreting the Constitution
Although the Constitution has been Although the Constitution has been amended only 27 times, there has amended only 27 times, there has been many other changes to it.been many other changes to it. Changes taken place through Changes taken place through
interpretation.interpretation. Framers wrote a general document and left Framers wrote a general document and left
it open to interpretation.it open to interpretation.
Interpreting the ConstitutionInterpreting the Constitution
THE NECESSARY AND PROPER THE NECESSARY AND PROPER CLAUSECLAUSE Article I gives Congress the power “to Article I gives Congress the power “to
make all Laws which shall be necessary make all Laws which shall be necessary and proper” to carry out it duties.and proper” to carry out it duties.
Allows them to exercise powers that are Allows them to exercise powers that are NOT specifically listed in the Constitution.NOT specifically listed in the Constitution.
These powers are known as IMPLIED These powers are known as IMPLIED POWERS.POWERS.
Interpreting the ConstitutionInterpreting the Constitution
Americans do not agree about which Americans do not agree about which laws are “necessary and proper.”laws are “necessary and proper.” Some feel Congress should be allowed Some feel Congress should be allowed
to make any laws the Constitution does to make any laws the Constitution does not specifically forbid. (Loose not specifically forbid. (Loose interpretation)interpretation)
Others feel Congress should make only Others feel Congress should make only the kinds of laws mentioned by the the kinds of laws mentioned by the Constitution (Strict interpretation)Constitution (Strict interpretation)
Interpreting the ConstitutionInterpreting the Constitution
The Supreme Court has the final The Supreme Court has the final authority on interpreting the authority on interpreting the Constitution.Constitution. The Supreme Court has interpreted the The Supreme Court has interpreted the
Constitution in different ways.Constitution in different ways. Sometimes strictly and sometimes looselySometimes strictly and sometimes loosely
With each new interpretation, our government With each new interpretation, our government changes.changes.
Interpreting the ConstitutionInterpreting the Constitution
Actions taken by Congress and the Actions taken by Congress and the President have also caused new President have also caused new interpretations of the Constitution.interpretations of the Constitution. The Constitution allows the House of The Constitution allows the House of
Representatives to impeach, or accuse, Representatives to impeach, or accuse, federal officials, while the Senate federal officials, while the Senate determines the person’s guilt or determines the person’s guilt or innocence.innocence.
Interpreting the ConstitutionInterpreting the Constitution
How has the President interpreted How has the President interpreted the Constitution?the Constitution? 1841, William Henry Harrison became 1841, William Henry Harrison became
the 1the 1stst President to die in office. President to die in office. V-P John Tyler assumed the powers of V-P John Tyler assumed the powers of
the president according to the the president according to the Constitution.Constitution.
Although the Constitution was unclear on Although the Constitution was unclear on this matter.this matter.
Interpreting the ConstitutionInterpreting the Constitution
Did Tyler automatically become the Did Tyler automatically become the president, or was he merely acting as president, or was he merely acting as president until the next election?president until the next election?
Tyler went ahead and took the presidential Tyler went ahead and took the presidential oath.oath. Not until 1967, when the 25Not until 1967, when the 25thth Amendment was Amendment was
ratified, was Tyler’s actions officially part of the ratified, was Tyler’s actions officially part of the Constitution. Constitution.
Principles Underlying the Principles Underlying the ConstitutionConstitution
Popular Sovereignty:Popular Sovereignty: Popular SovereigntyPopular Sovereignty is a basic is a basic
concept in Constitutionalism, popular concept in Constitutionalism, popular meaning the populace and sovereignty meaning the populace and sovereignty meaning the authority to rule – the meaning the authority to rule – the people rule.people rule.
They, the people, are the only source of They, the people, are the only source of any and all power. any and all power.
Principles Underlying the Principles Underlying the ConstitutionConstitution
Framers believed that the government Framers believed that the government should be strong, but not too strong.should be strong, but not too strong.
Under the Constitution, the government Under the Constitution, the government is also limited by the is also limited by the RULE OF LAW.RULE OF LAW. This means that the laws applies to This means that the laws applies to
everyone, even those who govern. everyone, even those who govern. No one may break the law or escape its No one may break the law or escape its
reach.reach.
Principles Underlying the Principles Underlying the ConstitutionConstitution
To protect against abuse of power and To protect against abuse of power and the possibility of one person group, the possibility of one person group, gaining too much power, the Framers gaining too much power, the Framers divided the government into 3 Branches divided the government into 3 Branches w/ different functions. (w/ different functions. (SEPARATION OF SEPARATION OF POWERSPOWERS)) Legislative Branch (to Make Laws)Legislative Branch (to Make Laws) Executive Branch (to Execute Laws)Executive Branch (to Execute Laws) Judicial Branch (to Interpret Laws)Judicial Branch (to Interpret Laws)
Principles Underlying the Principles Underlying the ConstitutionConstitution
Checks and BalancesChecks and Balances Too keep any one branch from becoming too Too keep any one branch from becoming too
powerful, the Constitution also includes a powerful, the Constitution also includes a system of system of Checks and BalancesChecks and Balances
Each branch of government is able to check, Each branch of government is able to check, or restrain, the power of the others.or restrain, the power of the others.
The President can veto laws proposed by CongressThe President can veto laws proposed by Congress Congress can block presidential appointmentsCongress can block presidential appointments
Principles Underlying the Principles Underlying the ConstitutionConstitution
Federalism: Power is shared by the Federalism: Power is shared by the national government and the states.national government and the states. Each level of government – national and Each level of government – national and
state – has independent authority over state – has independent authority over people at the same time.people at the same time.
Americans must obey both federal and Americans must obey both federal and state laws.state laws.
Principles Underlying the Principles Underlying the ConstitutionConstitution
Dividing Power:Dividing Power: The power specifically granted to the national The power specifically granted to the national
government are called the government are called the enumerated or enumerated or expressed powersexpressed powers
Powers that the Constitution does NOT give to Powers that the Constitution does NOT give to the national government are kept by the states the national government are kept by the states are called are called reserved powersreserved powers..
In some cases, the authority of the states and In some cases, the authority of the states and national government overlaps. Powers that both national government overlaps. Powers that both levels can exercise are called levels can exercise are called concurrent powersconcurrent powers
Principles Underlying the Principles Underlying the ConstitutionConstitution
The Supremacy of the ConstitutionThe Supremacy of the Constitution In a federal system, the laws of a sate In a federal system, the laws of a sate
and the laws of the nation may conflict.and the laws of the nation may conflict. The Supremacy Clause in Article VI The Supremacy Clause in Article VI
declares that the Constitution and other declares that the Constitution and other laws and treaties made by the national laws and treaties made by the national government “shall be the supreme Law government “shall be the supreme Law of the Land”of the Land”
Principles Underlying the Principles Underlying the ConstitutionConstitution
The Supremacy of the ConstitutionThe Supremacy of the Constitution The Constitution is the highest law, the The Constitution is the highest law, the
national government is not supposed to national government is not supposed to act in violation of it. act in violation of it.
States may do nothing that goes against States may do nothing that goes against either the Constitution or federal law. either the Constitution or federal law.
Guarantees of Personal Guarantees of Personal LibertiesLiberties
The Bill of Rights defined the individual The Bill of Rights defined the individual rights to which citizens of the United rights to which citizens of the United States were entitled.States were entitled.
Foremost among those rights were the Foremost among those rights were the freedoms of freedoms of expressionexpression, , assemblyassembly, and , and petitionpetition. . Under most conditions, citizens may say Under most conditions, citizens may say
what they want, meet as they wish, and what they want, meet as they wish, and bring their grievances to the governmentbring their grievances to the government
Guarantees of Personal Guarantees of Personal LibertiesLiberties
The Bill of Rights also guarantees The Bill of Rights also guarantees freedom of religion.freedom of religion. The The free exercise clausefree exercise clause guarantees that guarantees that
people may worship as the please without people may worship as the please without government interference.government interference.
The The establishment clauseestablishment clause guarantees that guarantees that the government will not establish an the government will not establish an official religion.official religion.
All of these freedoms are in the 1All of these freedoms are in the 1stst Amendment.Amendment.
Guarantees of Personal Guarantees of Personal LibertiesLiberties
The Bill of Rights also guarantees The Bill of Rights also guarantees freedom of religion.freedom of religion. The The free exercise clausefree exercise clause guarantees that guarantees that
people may worship as the please without people may worship as the please without government interference.government interference.
The The establishment clauseestablishment clause guarantees that guarantees that the government will not establish an the government will not establish an official religion.official religion.
All of these freedoms are in the 1All of these freedoms are in the 1stst Amendment.Amendment.
Guarantees of Personal Guarantees of Personal LibertiesLiberties
The The right to bear armsright to bear arms is guaranteed is guaranteed in the 2in the 2ndnd Amendment, which argues Amendment, which argues that a “well regulated militia” is that a “well regulated militia” is needed to guarantee individual liberty.needed to guarantee individual liberty.
The 3The 3rdrd Amendment guaranteed the Amendment guaranteed the rights of Americans not to be forced to rights of Americans not to be forced to quarter soldiers, as they had to before quarter soldiers, as they had to before the Revolutionary War.the Revolutionary War.
Guarantees of Personal Guarantees of Personal LibertiesLiberties
The 4The 4thth Amendment protected people against Amendment protected people against an illegal government search and seizure of an illegal government search and seizure of their property.their property.
The The rights of the accusedrights of the accused, or the rights of , or the rights of people charged with crimes, are central to the people charged with crimes, are central to the Bill of Rights.Bill of Rights.
The Fifth Amendment guarantees people The Fifth Amendment guarantees people due due processprocess of law. of law. Citizens cannot be charged with a serious crime Citizens cannot be charged with a serious crime
except by a grand jury.except by a grand jury.
Guarantees of Personal Guarantees of Personal LibertiesLiberties
The 4The 4thth Amendment protected people against Amendment protected people against an illegal government search and seizure of an illegal government search and seizure of their property.their property.
The The rights of the accusedrights of the accused, or the rights of , or the rights of people charged with crimes, are central to the people charged with crimes, are central to the Bill of Rights.Bill of Rights.
The Fifth Amendment guarantees people The Fifth Amendment guarantees people due due processprocess of law. of law. Citizens cannot be charged with a serious crime Citizens cannot be charged with a serious crime
except by a grand jury.except by a grand jury.
Guarantees of Personal Guarantees of Personal LibertiesLiberties
The Fifth Amendment also established the The Fifth Amendment also established the principle of principle of eminent domaineminent domain, meaning that , meaning that the government could not seize anyone’s the government could not seize anyone’s property without compensating (or paying) property without compensating (or paying) for it.for it.
The Fifth Amendment also protects the The Fifth Amendment also protects the people against people against double jeopardydouble jeopardy – being – being charged more than once with the same charged more than once with the same crime – and crime – and self-incriminationself-incrimination – being forced – being forced to testify against oneself.to testify against oneself.
Guarantees of Personal Guarantees of Personal LibertiesLiberties
The Sixth Amendment guarantees the The Sixth Amendment guarantees the right to a “right to a “speedy and public trialspeedy and public trial” and ” and a a trial by jurytrial by jury, in which qualified citizens , in which qualified citizens judge the guilt or innocence of an judge the guilt or innocence of an accused person.accused person.
The Eighth Amendment guards against The Eighth Amendment guards against excessive bail and protects citizens excessive bail and protects citizens against “cruel and unusual against “cruel and unusual punishment.”punishment.”
Guarantees of Personal Guarantees of Personal LibertiesLiberties
The Ninth and Tenth Amendments The Ninth and Tenth Amendments refer to the powers of states and the refer to the powers of states and the powers of the people in relation to powers of the people in relation to the central government. the central government.
Both amendments make clear that Both amendments make clear that the states and the people have rights the states and the people have rights not specifically named in the not specifically named in the Constitution.Constitution.
1313thth Amendment Amendment
Forbids slavery in Forbids slavery in U.S. TerritoriesU.S. Territories
1414thth Amendment Amendment
Gives CITIZENSHIP to former slavesGives CITIZENSHIP to former slaves Defines rights of natural-born or naturalized Defines rights of natural-born or naturalized
U.S. citizensU.S. citizens Guarantees privileges and immunities of Guarantees privileges and immunities of
citizenscitizens Makes due process of law in the 5Makes due process of law in the 5thth Amendment Amendment
applicable to the statesapplicable to the states Requires states to provide the equal protection Requires states to provide the equal protection
of the law to all citizens within their of the law to all citizens within their jurisdictions.jurisdictions.
1515thth Amendment Amendment
Guarantees the right Guarantees the right to vote regardless of to vote regardless of race, color, or race, color, or pervious condition of pervious condition of servitude.servitude.
Civil War AmendmentsCivil War Amendments
The 13The 13thth, 14, 14thth, and 15, and 15thth Amendment Amendment together are known as the Civil War together are known as the Civil War Amendments. Amendments.
Passed during the Civil War.Passed during the Civil War.
1616thth Amendment Amendment
Gives Congress the Gives Congress the power to levy power to levy taxes.taxes.INCOME TAXINCOME TAX
1717thth Amendment Amendment
Changes the way Changes the way senators are elected.senators are elected.Directly by the Directly by the people.people.
1818thth Amendment Amendment
Prohibited the sale, Prohibited the sale, manufacture and manufacture and transportation of transportation of liquor.liquor.
1919thth Amendment Amendment
Grants women Grants women suffrage, the right to suffrage, the right to vote in national vote in national elections.elections.
2121stst Amendment Amendment
Repealed Repealed Prohibition.Prohibition.
2222ndnd Amendment Amendment
Limited Presidential Limited Presidential terms to two terms. terms to two terms. Or a maximum of 10 Or a maximum of 10 yrs.yrs.
2323rdrd Amendment Amendment
Gives the right to Gives the right to vote for president and vote for president and vice president to the vice president to the people in the District people in the District of Columbia.of Columbia.
2424thth Amendment Amendment
Amendment abolished poll Amendment abolished poll taxes which had been taxes which had been used in some states used in some states (southern states) to (southern states) to prevent blacks from prevent blacks from voting.voting.
2525thth Amendment Amendment
Provided for the succession of Provided for the succession of the office of president in case the office of president in case of death or incapacity.of death or incapacity.Also provided for filling the Also provided for filling the vice presidential vacancy.vice presidential vacancy.
2626thth AmendmentAmendment
Lowered the Lowered the voting age to 18 voting age to 18 in all states.in all states.