The Constitution and The Bill of Rights

Structure of the Constitution

• An Outline of the Constitution

• The Constitution sets out the basic principles upon which government in the United States was built.

• The Constitution is a fairly brief document, 4 pages

• The Constitution is organized into 8 sections: the Preamble and 7 articles. The original document is followed by 10 amendments.

Structure of the Constitution• Preamble : introduction that states why the

Constitution was written−make a better government−establish justice−bring peace to the US−provide protection−provide for the well being of the people−provide liberty for now and future

generations

Structure of the Constitution

• Seven Articles: Body of the Constitution−Each article covers a general

topic−Articles I, II, and III creates the three branches of the national government (I-legislative, II-executive, III-judicial

Structure of the Constitution• Article IV explains the relationship of the

states to one another and to the national government

• Article V explains the ways the Constitution can be amended or changed

• Article VI contains the Supremacy Clause: laws passed by Congress and treaties of the US “shall be the Supreme law of the land

• Article VII states that the Constitution would take effect after 9 states ratified it

Structure of the Constitution

−Articles are in turn divided into sections that cover specifics about their topic

−Clauses cover even more specifics about the sections

The Amendments:The Amendments are changes

−The Constitution has been amended 18 times (there are 27 amendments)

−The amendment process provides a way the document can remain responsive to the needs of a changing nation.

The Six Basic Principles

• The principle of popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed.

• The principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away.

• Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.

The Six Basic Principles• Checks and balances is the system that

allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another.

• The principle of Judicial Review consists of the power of a court to determine the constitutionality of a governmental action.

• Federalism is a system of government in which the powers of government are divided between a central government and several local governments

Formal Amendments

Amending the Constitution

• The Constitution provides for its own amendment—that is, for changes in its written words.

• The Constitution sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of amendment.

Amending the Constitution• The four different ways by which amendments may be added to the

Constitution are shown here:

• Amendments to the Constitution

• Collectively, the first ten amendments are known as the Bill of Rights. They set out many of our basic freedoms.

• Informal amendment is the process by which over time many changes have been made in the Constitution which have not involved any changes in its structure.

• Presidential actions have produced a number of important informal amendments, such as the use of the military under the power of commander in chief. An executive agreement is a pact made by the President directly with the head of another state.

• Judicial Review- The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.

1st Amendment

Five (5) Basic Freedoms

•Freedom of Religion

Five (5) Basic Freedoms

•Freedom of Speech

Does not cover Slander- the false spoken word which damages someone’s character

Five (5) Basic Freedoms

•Freedom of Press

Does not cover Libel-the false written word that may damage someone’s character

Five (5) Basic Freedoms

•Freedom of Petition

Five (5) Basic Freedoms

•Peaceful Assembly

The 2nd Amendment

The right to bear arms and keep guns• Must be 21 to have a handgun with registration

• Must be 18 to have rifle with registration

• Can not have concealed weapon

The 3rd Amendment

Can not be made to quarter soldiers• You can not be made to house a soldier in your

home during peace time without your consent

The 4th Amendment

Protects against unreasonable searches and seizures• Anyone searching your home must have a

search warrant

• In order to obtain a search warrant, the police must have probable cause

• A search warrant must have − Where is being searched− The items they are looking for− The persons being searched− A judges’ signature

The 5th Amendment

Criminal Proceeding and property• A grand jury must say there is enough evidence

before a trial is held

• You cannot be tried twice for the same offense-double jeopardy

• You CANNOT BE A WITNESS AGAINST YOURSELF

• Eminent Domain- the gov’t can not take private land for public use unless they give you fair compensation

The 6th Amendment

Court proceeding with criminals• You are entitled to a “speedy” and public trial

• You must have a trial by an impartial jury

• You must know why you are being charged

• You must be able to question witness against you

• You have the right to an attorney

The 7th Amendment

Trial by jury• In a civil suit, you may have a jury trial if it

involves more than $20.00

The 8th Amendment

No excessive punishments• No excessive bail

− Bail- money paid as a condition of releaseNo excessive finesJudicial systems cannot inflict cruel and unusual

punishments

The 9th Amendment

“other rights not denied to people”• We have many other rights that the government

cannot take away

**the founding fathers could not think of everything

The 10th Amendment

Powers reserved to the states or people• If the Constitution does not delegate a specific

right to any branch or gov’t, then the power is given to the states or the people

• The Other Amendments of the Constitution

• 11-Citizens of one state cannot sue another state

• 12-Separate ballots for president and vice president

• 13-Outlaw slavery

• 14-Everyone born in the US is a citizen (blacks)

• 15-Can not deny a person the right to vote on the basis of race (blacks)

• 16-Congress can tax income

• 17-Residents of states vote for their senators

• 18-Prohibition (no alcohol)

• 19-Women can vote

• 20-President takes office on Jan. 20 (Lame Duck amendment)

• 21-Repeal of prohibition (ok to drink alcohol)

• 22-President can serve 2 terms up to 10 years

• 23-Residents of D.C. gets 3 electoral votes for president

• 24-Outlaw poll tax

• 25-Presidential succession (pres-v.p-speaker of the house etc.)

• 26-18 y/o can vote

• 27-Congressional pay raises take affect the following session of Congress