The Constitution

Influences on the U.S. Constitution

JOHN LOCKE (1632-1704)

• Believed that rights like life, liberty, and property could not be taken away

• To keep peace, people needed to create a contract with their gov’t

• Common people unfit to rule

MONTESQUIEU (1689-1755)

• Believed that the best kind of gov’t had legislative, executive, and judicial powers that were all separate, equal, and kept each other in line

JEAN-JACQUES ROUSSEAU (1712-1788)

• Believed the people’s contract with gov’t was a trick by rich people

• Common people needed to be sovereign to make laws for the public good

• The people were all the power in gov’t you needed (pro-direct democracy)

Outline of the U.S. Constitution

• The Constitution is the instruction manual / rulebook for U.S. government = THE HIGHEST LAW OF THE LAND

• Preamble - introduction to the Constitution; describes what the goals of our gov’t are

• The Constitution has 7 articles, or sections

• Article I - the Legislative branch

• Article II - the Executive branch

• Article III - the Judicial branch

• Article IV - Relationships between states

• Article V - Amending the Constitution

• Article VI - National Law

• Article VII - Ratifying the Constitution

Six Basic Principles

• 1.) Popular sovereignty - gov’t only exists because the people give it power to exist (people rule gov’t)

• 2.) Limited government - gov’t is not all-powerful

– Constitutionalism - the gov’t must be run according to the Constitution

– Rule of Law - gov’t has to obey the law just like everyone else

• 3.) Separation of Powers - powers of gov’t are divided between 3 branches: legislative, executive, and judicial– Power spread out across gov’t instead of

all in one place (dangerous)

Legislative Branch

• L is for LAW-MAKING

• This branch makes the laws for our country and can remove gov’t officials

• Made up by Congress

Executive Branch

• E is for ENFORCE

• This branch enforces the laws

• Led by the president, who can sign bills into law, or veto (reject) them

Judicial Branch

• J is for JUDGING

• This branch judges (and interprets) what the law means

• Makes sure gov’t actions follow the Constitution

• Led by the Supreme Court; includes court systems

• 4.) Federalism - our gov’t is divided between one national gov’t and 50 state gov’ts– Ex: a house (U.S. gov’t) with 50 rooms

(each states gets their own room)

• 5.) Judicial Review - the power of the courts to declare a law unconstitutional– Ex: Marbury v. Madison

• 6.) checks and balances - the branches of gov’t each check up on each other– Makes sure no one branch is more

powerful than the other– All the branches of gov’t ARE EQUAL.

Amending the Constitution

• The Constitution is a “living” document because we can change it

• Amendment - a change/edit to the Constitution– 27 amendments to the Constitution– First 10 amendments = the Bill of Rights

(1791)

How to Amend the Constitution

MAIN WAY:

• Amendment suggested and passed by 2/3 of Congress then passed by 3/4 of the state legislatures (38 states)

The Bill of Rights

• Your protections against the gov’t• 1.) Freedom of: speech, religion,

assembly, press, petition• 2.) right to bear arms• 3.) no quartering (housing) troops• 4.) right to privacy• 5.) due process, double jeopardy, self-

incrimination (remain silent)

• 6.) right to fair and speedy trial, counsel (lawyer), trial by jury

• 7.) civil (non-criminal cases)• 8.) no cruel and unusual punishment• 9.) people have rights not in

Constitution• 10.) powers not given to federal gov’t

are reserved to the states

Other Amendments

• 13th - abolished slavery

• 14th - applied due process (fairness) to state laws

• 19th - women got the right to vote

• 22nd - president has 2 term limits

• 26th - 18 years + to vote

Explore the Constitution

• GO THROUGH ARTICLES 1-3 AND MAKE NOTES:– What makes up each branch– The qualifications to be in each branch– The powers of each branch– Principles of the Constitution

– PUT DOWN REFERENCES FOR EACH– EX: Congress declares war (Art. I Sec. 8 Cl. 11)

Ch. 3 Quiz

• Legislative branch• Executive branch• Judicial branch• Popular sovereignty• Federalism• Judicial review

• Limited government• Separation of

powers• Checks and

balances• Rule of law