The ConstitutionThe Constitution

““We the People of the We the People of the United States, in Order United States, in Order to form a more perfect to form a more perfect Union, establish Justice, Union, establish Justice,

insure domestic insure domestic Tranquility, provide for Tranquility, provide for the common defence, the common defence, promote the general promote the general

Welfare, and secure the Welfare, and secure the Blessings of Liberty to Blessings of Liberty to

ourselves and our ourselves and our Posterity, do ordain Posterity, do ordain and establish this and establish this

Constitution for the Constitution for the United States of United States of

America”America”

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PARTSPARTS

1.1. PREAMBLE: Introduction to the PREAMBLE: Introduction to the Constitution; it lists the six basic Constitution; it lists the six basic principles for our governmentprinciples for our government

2.2. ARTICLES: The articles laying out ARTICLES: The articles laying out the framework for our government the framework for our government (seven)(seven)

3.3. AMENDMENTS: Changes made to AMENDMENTS: Changes made to the Constitution after the initial the Constitution after the initial ratificationratification

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Basic PrinciplesBasic Principles

These seven principles are the These seven principles are the ideas and standards that our ideas and standards that our government is based on and government is based on and functions according to.functions according to.

1.1. Popular SovereigntyPopular Sovereignty2.2. Limited GovernmentLimited Government3.3. Separation of PowersSeparation of Powers4.4. Checks and BalancesChecks and Balances5.5. FederalismFederalism6.6. RepublicanismRepublicanism7.7. Individual RightsIndividual RightsWith these in mind, why did the With these in mind, why did the

framers include the framers include the Preamble in the Preamble in the Constitution?Constitution? 33

Popular Popular SovereigntySovereignty

People are the People are the ONLYONLY source of source of government’s powergovernment’s power

““We the People…do ordain and We the People…do ordain and establish”establish”

Government’s power comes from the Government’s power comes from the people, and the people have given people, and the people have given government permission to govern by government permission to govern by the constitutionthe constitution

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Checks and Checks and BalancesBalances

Checks and balances is a way for the Checks and balances is a way for the government to give each branch power government to give each branch power over the other twoover the other two

The idea is to keep one branch from The idea is to keep one branch from becoming more powerful than the becoming more powerful than the others and controlling governmentothers and controlling government– Why would the framers want to ensure Why would the framers want to ensure

one branch did not become too one branch did not become too powerful?powerful?

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LimitedLimited Government Government

The idea that government is not all powerful The idea that government is not all powerful and can be limitedand can be limited

Government can do only those things the Government can do only those things the PEOPLEPEOPLE have given it the power to do have given it the power to do

States that States that governmentgovernment must obey the must obey the lawlaw

The entire Constitution is a statement of The entire Constitution is a statement of Limited GovernmentLimited Government

When did the idea of When did the idea of Limited Government Limited Government begin?begin? 66

RepublicanismRepublicanism The Constitution The Constitution

provides for a provides for a republican form of republican form of government. Instead government. Instead of taking part directly of taking part directly in government, in government, citizens elect citizens elect representatives to representatives to carry out their will.carry out their will.

Once in office, Once in office, representatives vote representatives vote according to the according to the opinions of the people opinions of the people they representthey represent

Member of Congress Member of Congress maintain offices in maintain offices in their home districts, their home districts, and often Web sites as and often Web sites as well.well.

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The The ArticlesArticlesThere are 7 articles in the second section of the There are 7 articles in the second section of the

Constitution, each accomplishing different thingsConstitution, each accomplishing different things Article 1Article 1: The legislative article lays out the structure : The legislative article lays out the structure

and powers of the legislative branchand powers of the legislative branch Article 2Article 2: The executive article lays out the structure : The executive article lays out the structure

and powers of the executive branchand powers of the executive branch Article 3Article 3: The judicial article establishes a national : The judicial article establishes a national

judiciary and gives Congress the power to create judiciary and gives Congress the power to create additional court systemsadditional court systems

Article 4Article 4: Deals with the relationships between states: Deals with the relationships between states Article 5Article 5: Provides methods for amending the : Provides methods for amending the

ConstitutionConstitution Article 6Article 6: Deals with the National Debt: Deals with the National Debt Article 7Article 7: Provides provisions for ratification of the : Provides provisions for ratification of the

ConstitutionConstitution 88

AmendingAmending the Constitution the Constitution

Article V Article V provided four provided four methods to methods to amend the amend the ConstitutionConstitution

An An amendmentamendment is a change to is a change to the Constitution the Constitution or clarification or clarification of something in of something in the Constitutionthe Constitution 99

The Four MethodsThe Four MethodsMethod 1Method 1:: Proposed by a 2/3 vote Proposed by a 2/3 vote

in each house of in each house of CongressCongress

Ratified by ¾ of the Ratified by ¾ of the state legislaturesstate legislatures

Method 2Method 2 Proposed by a 2/3 vote Proposed by a 2/3 vote

in each house of in each house of CongressCongress

Ratified by conventions Ratified by conventions in ¾ of the statesin ¾ of the states

Method 3Method 3:: Proposed by a national Proposed by a national

convention called by convention called by Congress at the request Congress at the request of 2/3 of the statesof 2/3 of the states

Ratified by ¾ of the state Ratified by ¾ of the state legislatureslegislatures

Method 4Method 4:: Proposed by national Proposed by national

convention called by convention called by Congress at the request Congress at the request of 2/3 of the statesof 2/3 of the states

Ratified by conventions in Ratified by conventions in ¾ of the states¾ of the states

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AmendmentsAmendments, , continuedcontinued There is no time There is no time

limit for ratification limit for ratification of an amendment of an amendment once it is proposedonce it is proposed

Congress may set a Congress may set a time limit if they so time limit if they so choosechoose

Example: The 27Example: The 27thth amendment was amendment was proposed in 1789 as proposed in 1789 as part of the Bill of part of the Bill of Rights, however it Rights, however it was not ratified until was not ratified until 1992, 203 years 1992, 203 years later!!!later!!!

26 of the 27 26 of the 27 amendments have amendments have been added through been added through method 1method 1

The 21The 21stst amendment amendment was added through was added through method 2 in 1933method 2 in 1933

This 21This 21stst amendment amendment is the only is the only amendment that amendment that cancels out anothercancels out another– It repealed the 18It repealed the 18thth

amendment, which amendment, which outlawed the sale and outlawed the sale and consumption of alcoholconsumption of alcohol

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Amendments, continuedAmendments, continued

The amendments are divided into three The amendments are divided into three groups groups (click the group below to see the amendments in (click the group below to see the amendments in each group)each group)

BILL OF RIGHTSBILL OF RIGHTS – – Amendments 1 through 10Amendments 1 through 10

CIVIL WAR AMENDMENTSCIVIL WAR AMENDMENTS – Amendments 13 – Amendments 13 through 15through 15

LATER AMENDMENTSLATER AMENDMENTS – Amendments 16 – Amendments 16 through 27through 27

(Amendments 11 and 12 are generally considered to be an extension of the (Amendments 11 and 12 are generally considered to be an extension of the Bill of Rights, and therefore not included in any of the three groups)Bill of Rights, and therefore not included in any of the three groups)

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Informal AmendmentsInformal Amendments

The Constitution can be informally The Constitution can be informally changed through 5 methodschanged through 5 methods

1.1. Basic Legislation of CongressBasic Legislation of Congress

2.2. Actions of the PresidentActions of the President

3.3. Supreme Court DecisionsSupreme Court Decisions

4.4. Activities of the Political PartiesActivities of the Political Parties

5.5. CustomCustom

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Basic LegislationBasic Legislation Congress may pass laws that spell Congress may pass laws that spell

out or add detail to one of the out or add detail to one of the Constitution’s brief provisionsConstitution’s brief provisions

Ex. 25Ex. 25thth Amendment provides for Amendment provides for Presidential succession beyond what Presidential succession beyond what the original Constitution statedthe original Constitution stated

Congress can add to the Constitution Congress can add to the Constitution through the way it uses its powersthrough the way it uses its powers

Ex. Constitution says Congress has the Ex. Constitution says Congress has the power to regulate “foreign and power to regulate “foreign and interstate commerce,” but does not interstate commerce,” but does not define what that is. Congress has define what that is. Congress has passed thousands of laws dealing passed thousands of laws dealing with all different aspects of trade.with all different aspects of trade.

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Executive ActionExecutive Action

The manner in which various Presidents The manner in which various Presidents have used their power has also have used their power has also contributed to the growth of the contributed to the growth of the ConstitutionConstitution

Ex. Congress can declare war, but President Ex. Congress can declare war, but President is Commander in Chief and can send is Commander in Chief and can send military where he chooses.military where he chooses.

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Court DecisionsCourt Decisions Part of the job of the courts Part of the job of the courts

is to interpret the is to interpret the Constitution. These Constitution. These interpretations have interpretations have changed the Constitution changed the Constitution over the years.over the years.

Ex. In Ex. In Plessy v. Plessy v. FergusonFerguson, the courts , the courts ruled that separate ruled that separate facilities for different facilities for different races were races were Constitutional. Later Constitutional. Later in in Brown v. Board of Brown v. Board of EducationEducation, the court , the court struck down this ruling struck down this ruling and stated that and stated that separate facilities are separate facilities are Unconstitutional.Unconstitutional.

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Party PracticesParty Practices The Constitution makes no The Constitution makes no

mention of political parties, mention of political parties, yet they have changed the yet they have changed the way politics are handled in way politics are handled in this country for as long as this country for as long as the country has been the country has been around.around.

Ex. The Constitution makes Ex. The Constitution makes no mention of how no mention of how candidates would be candidates would be chosen to run for President, chosen to run for President, yet parties have been yet parties have been nominating candidates nominating candidates since the 1796 election.since the 1796 election.

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CustomCustom Various customs and Various customs and

traditions have contributed traditions have contributed to the Constitution over the to the Constitution over the years, many thanks to years, many thanks to George Washington himself.George Washington himself.

Ex. The Constitution makes no Ex. The Constitution makes no mention of the President’s mention of the President’s cabinet, but Washington had cabinet, but Washington had one, so every President since one, so every President since him has had one.him has had one.

Ex. Washington stated that Ex. Washington stated that President’s should serve no President’s should serve no more than 2 terms, so none more than 2 terms, so none did until FDR in the 1930’s did until FDR in the 1930’s and 1940’s.and 1940’s.

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ReviewReview What are the three parts of the Constitution.What are the three parts of the Constitution. The ________ lists the seven basic principles.The ________ lists the seven basic principles. According to popular sovereignty, who is the source According to popular sovereignty, who is the source

of government’s power?of government’s power? Judicial Review gives the courts power to?Judicial Review gives the courts power to? Why do we have checks and balances?Why do we have checks and balances? How can we amend the Constitution? Which one has How can we amend the Constitution? Which one has

been used most often?been used most often? Which amendments are included in the Bill of Rights? Which amendments are included in the Bill of Rights?

The Civil War Amendments? The Later Amendments?The Civil War Amendments? The Later Amendments? Give an example of the President informally changing Give an example of the President informally changing

the Constitution through executive actionthe Constitution through executive action Give an example of an informal change through Give an example of an informal change through

customcustom

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Later amendmentsLater amendmentsThe later amendments include all those passed since The later amendments include all those passed since

the 3 civil war amendmentsthe 3 civil war amendments

16th Amendment – Income Tax16th Amendment – Income Tax 17th Amendment – Popular Election of Senators17th Amendment – Popular Election of Senators 18th Amendment – Prohibition of Alcohol18th Amendment – Prohibition of Alcohol 19th amendment – Voting rights for women19th amendment – Voting rights for women 20th Amendment – Set dates/times for end of terms, 20th Amendment – Set dates/times for end of terms,

sets conditions in case of the death of a President-sets conditions in case of the death of a President-electelect

21st Amendment – Repeal of the 18th amendment 21st Amendment – Repeal of the 18th amendment (prohibition)(prohibition)

22nd amendment – Set limit at two terms maximum 22nd amendment – Set limit at two terms maximum for a presidentfor a president Click to go Back to last

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Civil War AmendmentsCivil War AmendmentsThe Civil War Amendments were passed as a The Civil War Amendments were passed as a

direct response to the outcome of The Civil direct response to the outcome of The Civil war. They all deal with slavery in one way or war. They all deal with slavery in one way or another.another.

13th Amendment13th Amendment – Outlawed slavery and – Outlawed slavery and Involuntary servitude in the United States of Involuntary servitude in the United States of AmericaAmerica

14th Amendment14th Amendment – Helped make former – Helped make former slaves citizens of the U.S. and gave them all slaves citizens of the U.S. and gave them all the rights that being a citizen entailsthe rights that being a citizen entails

15th Amendment15th Amendment – Written to give former – Written to give former slaves the right to vote, however was not slaves the right to vote, however was not entirely successful in doing so for nearly 100 entirely successful in doing so for nearly 100 yearsyears

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Bill of RightsBill of RightsThe purpose of the Bill of Rights was to list out the basic rights of all The purpose of the Bill of Rights was to list out the basic rights of all

Americans so these rights could not be violated as they were in the Americans so these rights could not be violated as they were in the years of British rule under King George IIIyears of British rule under King George III

Amendment 1Amendment 1: Freedom of Speech, Press, Religion, Assembly, and : Freedom of Speech, Press, Religion, Assembly, and PetitionPetition

Amendment 2Amendment 2: The right to bear arms: The right to bear arms Amendment 3Amendment 3: Protects against the Quartering of Troops: Protects against the Quartering of Troops Amendment 4Amendment 4: Protects against illegal search and seizure of : Protects against illegal search and seizure of

personal propertypersonal property Amendment 5Amendment 5: Insures due process, protects against eminent : Insures due process, protects against eminent

domain, provides rules for criminal hearings, and protects against domain, provides rules for criminal hearings, and protects against self-incriminationself-incrimination

Amendment 6Amendment 6: Right to a speedy and public trial and right to trial by : Right to a speedy and public trial and right to trial by juryjury

Amendment 7Amendment 7: Provides stipulations for civil trials: Provides stipulations for civil trials Amendment 8Amendment 8: Protects against excessive bail and cruel and : Protects against excessive bail and cruel and

unusual punishmentunusual punishment Amendment 9Amendment 9: States that the rights listed in the Constitution are : States that the rights listed in the Constitution are

not all the rights given to the American peoplenot all the rights given to the American people Amendment 10Amendment 10: States that all powers not granted to the National : States that all powers not granted to the National

government or forbidden to the states, belong to the statesgovernment or forbidden to the states, belong to the statesClick to go Back to last slide

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