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ConstitutionSeptember 17,1787
7 Principles of the Constitution
1. Popular Sovereignty2. Republicanism3. Federalism4. Separation of Powers5. Checks and Balances6. Limited Government7. Individual Rights
Checks and Balances
• Each branch of government can be a control over the other branch– Example: Congress passes a law – the President
can veto the law – Congress can override the President’s veto by a 2/3 majority – the Supreme Court can declare that the law passed by Congress violates the Constitution
Congress(Legislative)
Congress• Powers of Congress (some)…
1. Collect Taxes/Borrow money2. Regulate commerce3. Coin money4. Establish a postal service5. Patents/Copyrights6. Declare war7. To Raise Army/Navy8. Elastic Clause: all laws necessary and proper to
carry out powers9. Impeach President
White House (Executive)
• Powers of the President…1. Commander in Chief of the Armed Forces2. Chief Executive3. Grant pardons4. Make treaties5. Appointments – Ex. Supreme Court6. Can suggest laws7. Veto
Supreme Court (Judicial)• How many judges are on the Supreme Court?– 9…appointed for life
• Has the power to rule in cases involving the Constitution, national laws, treaties, & state conflicts
• Judicial Review: deciding whether a law or government activity violates the Constitution
Individual Rights• How are personal rights and
freedoms protected?–The Bill of Rights (added 1789)
– the first Ten Amendments to the Constitution
1st Amendment• Protects five basic freedoms• The Freedom of…
1. Speech2. Press3. Assembly4. Religion5. Petition
2nd Amendment
• Right to keep and bear arms• Maintain a well-regulated militia
3rd Amendment
• No quartering of soldiers–Quartering: giving someone a place
to stay
• What act passed by Great Britain do you think this refers to?–Quartering Act
4th Amendment• No Unreasonable Search and Seizure–Seizure: take something away
• Warrant must have Probable Cause describing the place to be searched and the persons or things to be seized
5th Amendment• Rights of Accused Persons• Five Rights…
1. Indictment by a Grand Jury (indictment = formal accusation)
2. Double Jeopardy: can’t be tried twice for the same crime if found innocent in the first case
3. Self –incrimination: don’t have to testify against yourself
4. Can’t be denied basic rights without due process (fair treatment)
5. Private Property can’t be taken without payment
6th Amendment• Rights when accused of a crime – right to trial
1.Right to a speedy, public trial with an impartial jury
2.Must be informed of crimes you are accused of
3.Question witnesses testifying against you4.Can have witnesses in your favor5.Right to a lawyer (legal counsel) for your
defense
7th Amendment
• Trial by Jury in Civil Cases (cases involving law suits for damages – money)• As long as the law suit is $20 or more
8th Amendment• Limits of fines and punishments
1. Protects against Excessive Bail• Bail: money paid by arrested persons
to guarantee they will return for trial
2. Protects against Cruel and Unusual Punishment
• What about the Death Penalty?
9th Amendment
• Rights of the people don’t end with just what is written in the Constitution
10th Amendment
• Powers not directly given to the United States (national government) by the Constitution are given to the States or the People
Basic Freedoms
• Also called Civil Rights
1.Speech2.Press3.Assembly4.Religion5.Petition
Equal Protection Under the Law
• Right to be treated equally– Government cannot treat one individual or group
differently (14th Amendment)
Equal Protection Under the Law
• No Slavery • Right to vote to women (women’s
suffrage)• Right to vote to 18 year olds• Civil Rights Acts of 1964 protects voting
rights and prevents discrimination• Americans with Disabilities Act protects
the rights of disabled citizens (handicap parking)
Limits to Rights
• Government can place limits on certain rights to protect national security or to provide equal opportunities for all citizens• You cannot falsely shout, “Fire”
in a crowded theatre.
19th Amendment
• Woman Suffrage–Suffrage: vote–In other words, women get to
vote–19th Amendment passed in
1919…–19 – 19 - 19
26th Amendment
• Citizens 18 years of age or older receive the right to vote• Vietnam War
A group of citizens organizes a peaceful march through the streets of their nation’s capital. They carry signs calling for the nation’s leader to resign.
• Describe how likely this type of protest could be held in a presidential democracy and in a dictatorship. Explain the reason for these differences.