The Constitution

Basic Principles and Amendment Process

Life Mask of

George Washington

• "A primary object should be the education of our youth in the science of government. In a republic, what species of knowledge can be equally important? And what duty more pressing than communicating it to those who are to be the future guardians of the liberties of the country?"

-George Washington

Six Fundamental Principles of the U.S. Constitution

1. Popular Sovereignty

2. Limited Government

3. Separation of Powers

4. Checks and Balances

5. Rule of Law

6. Federalism

Six Fundamental Principles of theU.S. Constitution

1. Popular Sovereignty

– All power comes from the people

2.Limited Government

– Government may do ONLY the things that people give it power to do

Six Fundamental Principles of theU.S. Constitution

3. Separation of Powers

– Government is divided into three branches-legislative, executive, and judicial

4. Checks & Balances

– Each branch of gov’t can be checked (restrained) by the other branches

Six Fundamental Principles of the U.S. Constitution

5. Rule of Law

– The U.S. Constitution is supreme and all individuals are accountable under the law

6. Federalism

– Division of power between a central (national) and local (state) governments

Elements of the Constitution

• Preamble: Sets the purpose of the Constitution

• Articles: Establishes our national government

• Amendments: Allows for formal changes to the Constitution

The Preamble

What is the significance of the Preamble of the United States Constitution?

– To form a more perfect union– To establish justice– To ensure domestic tranquility– To provide for the common defense– To promote the general welfare– To secure the blessings of liberty

Organization of the National Government

• Article I: Establishes the legislative branch of the national government setting forth the two houses of Congress to make laws

• Article II: Establishes the executive branch to carry out the laws passed by Congress

• Article III: Establishes the judicial branch by creating the U.S. Supreme Court and empowering Congress to establish lower Federal Courts to interpret the laws

Amendment Process

• Amendment: A formal revision to the Constitution, responding to the needs of a changing nation

• As spelled out in Article V, the Constitution can be amended by a vote of:

• two-thirds of the House of Representatives • and two-thirds of the Senate • followed by a ratification of three-fourths of the various

state legislatures

• To date, there have been 27 amendments to the original Constitution

Ratification Debates• Nine of thirteen states needed to ratify

Constitution

• Anti-Federalist Position– Suspicious of a strong central government– Wanted Bill of Rights to protect personal liberties

• Federalist Position– A strong central government was the best way to

protect freedom

• The Federalist was a series of essays supporting adoption of the U.S. Constitution

The Bill of Rights

• The first ten amendments to the Constitution

• Guarantees civil liberties: the rights of individuals and limitations on federal and state governments– Freedoms: Religion, speech, press, assembly,

petition– Government Limitations: Unreasonable

search and seizure, double jeopardy, self-incrimination, cruel and unusual punishment

Selective Incorporation

Beginning in the 20th Century, the Supreme

Court used the 14th Amendment (due

process of law clause) to limit state actions,

just as the Bill of Rights limits the national

government

"Do you ever have one of those days when everything seems unconstitutional?"