Transcript Welcome to the Exciting World of Education

The United States Constitution
Preamble
Articles 1-7
The Bill of Rights
The Constitutional Convention
• 1787 – delegates from 12 states met to fix the AOC
• The “Framers” decided to write a new constitution
Virginia Plan
• 3 branches of Gov’t
• Executive, Bicameral Legislature & Courts
• # of Representatives a State could send to the
legislature was linked to it’s POPULATION
• SMALL STATES OPPOSED THIS PLAN!
New Jersey Plan
• Called for a gov’t without Strong & Separate Branches
• Proposed a UNICAMERAL Legislature
• Called for EQUAL Representatives from each State
• STATES WITH LARGE POPULATION OPPOSED THIS
PLAN
CONNECTICUT COMPROMISE
• Combined the basic features of the Virginia &
the New Jersey Plans
• 2 Houses in Congress
• SENATE- smaller- Each State would have equal
representation
• HOUES OF REPRESENTATIVES- larger- each State
would be represented based on POPULATION!
Other Compromises…
• 3/5ths Compromise
• States could count 3/5th of their slaves as part of
their populations
• This increased the representation in the HOUSE
• Commerce & Slave Trade Compromise
• Forbid Congress from taxing exports from any State
• Forbid Congress from acting against the Slave trade
for 20 years
Ratification
• At least 9 of the 13 States had to ratify it
• 2 groups formed during Ratification Process
• Federalists- FAVORED ratification
• Anti-Federalists- OPPOSED ratification
Federalist vs. Anti-Federalist
• Federalist stressed the
weaknesses of the AOC
• Thought Constitution
was strong enough to
solve country’s problems
• Led by Hamilton &
Madison
• Anti-Federalists attacked
almost all parts of the
Constitution
• Increased powers of the
Central Gov’t
• Lack of a Bill of Rights
• Thought Constitution
was TOO Strong
• Led by Patrick Henry &
John Hancock
Federalists won 
• 11 States had ratified the Constitution in 1788
• States then held election for a President
• 1st Congress met in March 1789
Six Fundamental Principles of the Constitution
• Popular Sovereignty
• Idea that PEOPLE are the source of all the power
held by the Gov’t
• Limited Gov’t
• The gov’t possesses only the power the people give
it- it must obey the Constitution
• Also known as CONSTITUTIONALISM
• Gov’t Officials are subject to “Rule of Law” – must
always obey the law & are never above it
Six Fundamental Principles of the Constitution
• Separation of Powers
• Establishes 3 SEPARATE Branches that SHARE the
government power
• Legislative, Executive & Judicial
• Checks & Balances
• Ensures that none of the 3 Branches can be too
powerful
• Each Branch has ways to limit the power of the
other two
• Example: Presidential can VETO any act of Congress
but then Congress can override the veto with a
2/3rds vote
Six Fundamental Principles of the Constitution
• Judicial Review
• Power of the courts to decide what the
Constitution means
• Court has power to declare a government action to
be against the Constitution –
UNCONSTITUTIONAL
• Federalism
• Divides the power between the central gov’t &
States
The Preamble
We the People of the United States, in Order
to form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the
common defense, promote the general
Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and
establish this Constitution for the United States
of America.
Purpose of the Preamble
• States the reasons why the Constitution was
written – basically the GOALS
• Stability & Order
• Security
• Protection of Rights
• Provide Services
The Articles
• Each article covers a general topic & is broken
down into sections
Article 1 - Establishes the Legislative Branch
• Bi-Cameral Legislature – Lawmaking Body
• House of Representatives
• The voice of the people
• Senate
• Broad interest of the States
• Congress has EXPRESSED Powers
• Directly stated by the Constitution
• Founders did NOT want Congress to abuse its power
Article 1 - Establishes the Legislative Branch
• “Enumerated Powers”
• Article 1 Section 8
• Itemized list of Congressional Powers
• “Elastic Clause”
• 18th “Enumerated Power”
• Gives Congress the power to make all laws “Necessary &
Proper” to carry out the Powers of Congress
• McCulloch vs. Maryland
• Established the right of the National Gov’t to apply the
“Necessary & Proper” clause over State’s Rights
Article 2 - Created the Executive Branch
• Founders recognized the need for a strong
National Government & gave the President
broad but vaguely described powers
• Article 2 Section 2 & 3 list out some of the
specific Presidential Powers
Why did the make Legislative Article 1?
• The Framers wanted to emphasize that the
branch of the people- Legislative – was more
important than the Executive Branch
Article 3 - Set up the Judicial Branch
• Shortest of the first 3 Articles
• Supreme Court established by Constitution
• Congress has power to establish all inferior
courts
• Federal & State Courts
• Federal Courts have power over FEDERAL laws
• Subject matter & people involved determines
who has JURISDICTION
Article 4
• Explains the Relationship between the Nations
& State levels of Government
Article 5
• Outlines the Amendment Process
Article 6
• Supremacy Clause
Article 7
• Ratification of the Constitution
The Amendments
• 27 Amendments follow the 7 articles
• The Bill of Rights limits the powers of the
government
• Its purpose is to protect the rights of individual
liberty, such as freedom of speech, and rights of
persons accused of crimes, such as the right to
trial by jury
Amendment I: Freedom of Expression
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the
people peaceably to assemble, and to petition
the government for a redress of grievances.
Amendment II: The Right to Bear Arms
A well regulated militia, being necessary to the
security of a free state, the right of the people
to keep and bear arms, shall not be infringed.
Amendment III: The Quartering of Troops
No soldier shall, in time of peace be quartered
in any house, without the consent of the
owner, nor in time of war, but in a manner to
be prescribed by law.
Amendment IV: Unreasonable Searches and Seizures
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon
probable cause, supported by oath or
affirmation, and particularly describing the
place to be searched, and the persons or things
to be seized.
Amendment V: Due Process of the Law
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a grand jury, except in cases arising in
the land or naval forces, or in the militia, when in
actual service in time of war or public danger; nor shall
any person be subject for the same offense to be twice
put in jeopardy of life or limb; nor shall be compelled
in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken
for public use, without just compensation.
Amendment VI: Right to a Fair Trial
In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by
an impartial jury of the state and district
wherein the crime shall have been committed,
which district shall have been previously
ascertained by law, and to be informed of the
nature and cause of the accusation; to be
confronted with the witnesses against him; to
have compulsory process for obtaining
witnesses in his favor, and to have the assistance
of counsel for his defense.
Amendment VII: Trial by Jury in Civil Cases
In suits at common law, where the value in
controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved, and no
fact tried by a jury, shall be otherwise
reexamined in any court of the United States,
than according to the rules of the common
law.
Amendment VIII: Cruel and Unusual Punishment
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX: Unenumerated Rights
The enumeration in the Constitution, of
certain rights, shall not be construed to deny or
disparage others retained by the people.
Amendment X: State’s Rights
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
states, are reserved to the states respectively, or
to the people.