Constitution

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Transcript Constitution

A New United States
U.S. Constitution
1787
Framers
Influenced
of the Constitution
by John Locke’s
were theories of natural rights
English democratic tradition
intelligent/schooled men
Drew on thousands of years of
sources & models
Political developments from Greek
philosophers & the Roman republic
Magna Carta (1215): limit the monarch’s
powers & gave more power to the legislature
English Bill of Rights (1689)
…and Baron de Montesquieu's ideas of separating &
balancing the powers of the gov’t
Set-up of the Constitution
Preamble

(Intro)
Articles

7 total
Amendments

Bill of Rights
First 10 as of 1791
 Pleased Antifederalists


27 overall
Preamble of the Constitution
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 & our posterity, do ordain &
establish this Constitution for the United
States of America.
Goals of the Preamble
To form a more perfect union (of states)
To establish justice (protect & set the laws)
To ensure domestic tranquility (peace at home)
To provide for the common defense (defend
country)
To promote the general welfare (well-being of
general population)
To secure the blessings of liberty
The Articles
1) Legislative branch
2) Executive branch
3) Judicial branch
4) Relation between states
5) Amendment process
6) National supremacy

Constitution is “supreme law of
the land”
7) Ratification
Popular Sovereignty
A monarch is
unconstitutional
 People have
authority
 Right to alter or
abolish government

Examples in the Constitution:

“We the people…establish this
Constitution for the United
States of America”

House of Representatives
(chosen by people) given power
to raise money-bills

States given right to decide on
slavery (10th Amendment)
7 Basic Principles
Limited Government

Avoid tyranny

Gov’t has powers only
expressed in Constitution

Everyone must obey laws
Examples in the Constitution:

Article 1, Section 9 – Powers denied
to Congress

Article 1, Section 10 – Powers
denied the States

10th Amendment – Reserved
clause…powers reserved to the
states
7 Basic Principles
Separation of Power

3 branches of
government
(Articles 1-3)
Executive: President
 Legislative: Congress
 Judicial: Courts

Checks & Balances


No abuse of power
Each branch can limit
the other two
7 Basic Principles
Federalism


Division of gov’t power
Federal government divided from the state
National
BOTH
State
Enumerated Powers
Concurrent Powers
Reserved Powers
• Regulate trade
• Coin money
• Provide an army &
navy
• Conduct foreign affairs
• Set up federal courts
•
•
•
•
•
• Regulate trade within
the state
• Establish local gov’t
systems
• Conduct elections
• Establish public
schools system
Enforce the laws
Establish courts
Collect taxes
Borrow money
Provide for the general
welfare
7 Basic Principles
Republicanism



Republic form of government
Citizens elect representatives
Example – Article 4, Section 4 – “guaranteed a republican
form of government”
Individual Rights

Protects rights of individual citizens
Bill of Rights
12 amendments proposed by James Madison in 1789…10
amendments ratified by Congress on 12/15/1791 & known as Bill of
Rights
5) Rights of the accused
1) Freedom of religion,
assembly, press,
petition, & speech
(RAAPS)
2) Right to bear arms
3) No lodging troops in
private homes
4) Search & Seizure
6) Right to speedy trial &
7)
8)
9)
10)
public by jury
Jury trial in civil cases
Bail & punishment (Crazy
8)
Powers to the people (mine)
Powers to the states