The United States
Constitution
What is a constitution?
Questions that constitutions answer: What are the purposes of government? What is the organization of government? What parts does it have? What do they
each do? How does the government make laws? How are people selected to serve in
government? Who is a citizen? What rights do citizens have?
Constitution: legal framework for a government
In other words: How it is organized.
Historical Precedents
• Magna Carta (1215)–jury trial –private property–limits on taxation –religious freedoms
• The Petition of Right (1628)–taxes can be levied only by Parliament–habeus corpus–Freedom from martial law during times of peace
• English Bill of Rights (1688)– Freedom of speech
– Right to elect parliament
– Right for Protestants to bear arms
– Freedom from standing armies during times of peace.
• Mayflower Compact (1620)– Pilgrim’s social contract
What is a constitutional government?
• Limits on the powers of government
• Even governmental leaders must follow the higher law.
Before the Constitution • Confederation: loose union (states have the power, not a central
government)• Articles of Confederation (1781)• Fear of too much central power because of Britain
Weaknesses: – Congress could not pass taxes– Congress could not force states to obey its laws– Congress could not regulate or manage trade– Laws needed to the approval of 9 of the 13 states– All 13 states had to agree to changes in the Articles– There was no executive branch– There was no judicial branch– Debt: major, crippling, war debt
Constitutional Convention• Held in Philadelphia 1787• 55 men appointed to represent 12 states (Rhode Island
did not send delegates)• George Washington was selected to be President of the
Convention• Realized strengthening the articles of confederation was
not enough• Each state had one vote• 7 out of 12 had to approve • Public would not be told
The Articles had to be replaced by a new plan of government
Major Compromises
• Virginia Plan
• New Jersey Plan
• The Great Compromise
• Three-fifths compromise
• Slave Trade
• Export taxes
• Electoral College
Ratifying the Constitution
• 9 out of 13 needed to ratify
• Anti-Federalists: opposed the Constitution, wanted a Bill of Rights
• Federalists: supported ratification, won opposition with Federalist Papers
Preamble:Purposes
Article 1:Legislative
Article 2:Executive
Article 3:Judicial
Article 4:Federalism
Article 5:Amending
Article 6:Supremacy Clause
Article 7:
Ratification
Basic Principles:
• Popular Sovereignty
• Federalism
• Separation of Powers
• Checks and Balances
• Judicial Review
• Bill of Rights
Amendments
Bill of Rights
1. Freedom of: Religion, Press, Speech, Petition, and Assembly
2. State militias and right to bear arms3. Bans quartering soldiers4. Unreasonable search & seizure5. self-incrimination; double-jeopardy; compensation for
takings6. Speedy and public trial; right to a lawyer;7. Trial by Jury8. Cruel and Unusual Punishment9. Peoples rights are not limited to the previous rights10. Powers of the states
Other Amendment Highlights:
• 13: abolishes slavery (1865)• 14: Citizenship rights; equal-protection (1868)• 15: Race no bar to vote (1870)• 16: income tax (1913)• 17: direct election of senators (1913)• 18: prohibition (1919)• 19: women’s right to vote (1920)• 21: repeals prohibition (1933)• 22: term limits (1951)• 25: presidential succession (1967)• 26: voting age to 18 (1971)