U.S. U.S. ConstitutionConstitution

SSCG6 The student will demonstrate knowledge of civil liberties and civil rights.•Examine the Bill of Rights with emphasis on First Amendment freedoms.•Analyze due process law expressed in the 5th and 14th Amendments.

PreamblePreamble

Sets forth goals of the countrySets forth goals of the country

We the People of the United States, in Order to We the People of the United States, in Order to form a more perfect Union, establish Justice, insure form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common domestic Tranquility, provide for the common defense, promote the general Welfare, and secure defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution Posterity, do ordain and establish this Constitution for the United States of America.for the United States of America.

ARTICLESARTICLESof the United States Constitutionof the United States Constitution

Article Article OneOneLegislative BranchLegislative Branch

Creates a Creates a bicameralbicameral, , Congress Congress

Includes a Includes a Senate Senate and a and a House of House of Representatives.Representatives.

ArticleArticle Two TwoExecutive BranchExecutive Branch

President President and and Vice-PresidentVice-President Chosen by Electoral CollegeChosen by Electoral College

Explains impeachmentExplains impeachment

Article Article ThreeThreeJudicial BranchJudicial Branch

Establishes Establishes Supreme Court Supreme Court (Congress sets up all (Congress sets up all others)others)

Requires Requires trial by jurytrial by jury for all for all criminal cases, and defines the criminal cases, and defines the crime of crime of treason.treason.

Article Article FourFourState RelationsState Relations

Defines how the Defines how the states must states must work togetherwork together

Full faith and Full faith and creditcredit

ExtraditionExtradition Privileges & Privileges &

ImmunitiesImmunities

ArticleArticle FiveFiveAmending the Amending the ConstitutionConstitution

Two step Two step processprocess ProposalProposal Ratification Ratification

(approval)(approval)

Changing the ConstitutionChanging the Constitution

Changed 27 times by the rulesChanged 27 times by the rules

Step 1: ProposalStep 1: Proposal 2/3 of Congress2/3 of Congress 2/3 of Constitutional Convention2/3 of Constitutional Convention

Step 2: RatificationStep 2: Ratification 3/4 of state legislatures3/4 of state legislatures 3/4 of state conventions3/4 of state conventions

ArticleArticle SixSixSupremacy ClauseSupremacy Clause

Establishes the Establishes the Constitution as the Constitution as the supreme law of the supreme law of the landland..

RequiresRequires that all that all legislators, federal legislators, federal officers and judges officers and judges take take oathsoaths to uphold to uphold the Constitution.the Constitution.

ArticleArticle SevenSevenRatificationRatification

9 states will be 9 states will be needed to needed to ratify (approve) ratify (approve) the the ConstitutionConstitution

Amendments to the Amendments to the ConstitutionConstitution

GovernmentGovernment

11stst

Freedom of Freedom of SpeechSpeech PressPress PetitionPetition AssemblyAssembly ReligionReligion

Free exercise – practice any religion you Free exercise – practice any religion you want if it does not interfere with the lawwant if it does not interfere with the law

Establishment clause – government can’t Establishment clause – government can’t establish a national religionestablish a national religion

22ndnd

Right to bear Right to bear armsarms

(Can be regulated by (Can be regulated by the states through the states through licensing laws, wait licensing laws, wait periods, etc)periods, etc)

33rdrd

No quartering of soldiers No quartering of soldiers in times of peacein times of peace

44thth No unreasonable No unreasonable

search and seizuresearch and seizure

Miranda Miranda warningswarnings

WarrantsWarrants

55thth

Rights of the AccusedRights of the Accused Can’t be forced to incriminate themselvesCan’t be forced to incriminate themselves Right to a grand jury (decides there is Right to a grand jury (decides there is

enough evidence for trial)enough evidence for trial) Can’t be tried for the same offense of law Can’t be tried for the same offense of law

twice (double jeopardy)twice (double jeopardy) Right to due process (fair treatment) Right to due process (fair treatment)  People have the right to fair compensation People have the right to fair compensation

when their property is taken by the when their property is taken by the government (eminent domain)government (eminent domain)

66thth

Trial RightsTrial Rights People accused of a crime People accused of a crime 

must be told what crimes they have must be told what crimes they have been charged with been charged with

have the right to a speedy and public have the right to a speedy and public trial trial

have the right to a lawyer have the right to a lawyer have the right to question witnesseshave the right to question witnesses

77thth

Civil cases (over money Civil cases (over money and property) disputing and property) disputing more than $20 have the more than $20 have the right to a jury trialright to a jury trial

88thth

No cruel and unusual No cruel and unusual punishment, no punishment, no excessive bailexcessive bail

99thth Rights of the IndividualRights of the Individual

Guarantees additional rights Guarantees additional rights not specifically listed not specifically listed anywhere else in the anywhere else in the ConstitutionConstitution

Right to privacy is often Right to privacy is often argued under the 9argued under the 9thth

1010thth

Powers of the statePowers of the stateAny power not granted to Any power not granted to the national government or the national government or denied to the states may be denied to the states may be taken on by the statestaken on by the states

1111thth

States can’t be sued by States can’t be sued by citizens from another citizens from another statestate

1212thth

Election of the Election of the President & V.P.President & V.P.

Separate ballots Separate ballots for Pres & VP in for Pres & VP in electoral collegeelectoral college

1313thth

Freedom to former Freedom to former slavesslaves

1414thth

Citizenship Rights for all Citizenship Rights for all (including former slaves)(including former slaves)Due process ClauseDue process ClauseEqual protection ClauseEqual protection Clause

1515thth

Voting RightsVoting RightsNo discrimination No discrimination

on the basis of on the basis of

racerace

1616thth

Legalized income taxLegalized income tax

1717thth

Direct Election of Direct Election of SenatorsSenatorsBefore this, Senators Before this, Senators were chosen by the were chosen by the state legislaturestate legislature

1818thth

ProhibitionProhibitionMade it illegal to Made it illegal to manufacture, sell manufacture, sell and/or consume and/or consume liquorliquor

1919thth

Women can voteWomen can vote

2020thth

““Lame Duck”Lame Duck”Moved presidential Moved presidential inauguration to noon on inauguration to noon on January 20January 20thth

Moved start date of Congress Moved start date of Congress to noon on January 3to noon on January 3rdrd

2121stst Overturned ProhibitionOverturned Prohibition

Repealed the 18Repealed the 18thth amendment and made amendment and made liquor legal againliquor legal again

2222ndnd

Presidential Term LimitPresidential Term LimitPresident can only be President can only be elected to 2 terms of 4 elected to 2 terms of 4 years each years each

2323rdrd

Gave 3 Gave 3 electoral votes electoral votes Washington DC Washington DC in the race for in the race for president and president and vice presidentvice president

2424thth

No poll taxesNo poll taxesYou don’t have to pay You don’t have to pay to voteto vote

2525thth

Presidential DisabilityPresidential Disability

If Pres dies, VP becomes PresIf Pres dies, VP becomes Pres

If VP dies, Pres picks a new one If VP dies, Pres picks a new one & Congress has to approve & Congress has to approve choicechoice

2626thth

18 year olds can vote18 year olds can vote

2727thth

Congressional payCongressional pay

No pay raise until after No pay raise until after they get re-electedthey get re-elected