Transcript The Constitution

The Constitution,
Bill of Rights
& Other Amendments:
A Summary
Cliffs Quick Review, American Government
Sofer, Hoffman and Voss
Wiley Publishing, Inc. 2001
Summary of the Constitution
The Constitution was a sparse
document, providing few
details about how the U.S.
government would run itself.
It explained the rough
organization of the three
branches, how they would
interact with the states, and
how the document could be
amended. Filling in the
details was left to future
leaders.
(if they are unconstitutional.)
Preamble: The opening statement which lists
the six goals for writing the Constitution.
the
for the
Article I
The longest article in the Constitution vests legislative power in
the Senate and the House of Representatives. It describes the
organization of Congress and lists its specific powers, known as
enumerated or delegated powers. Through the necessary and
proper clause (also called the elastic clause), Congress can
make laws needed to carry out its enumerated powers. Article
I also lists the powers denied to Congress and the states.
Article II
This article deals with the executive branch and describes the
election of the president and vice president, the qualifications for
holding the office, and the procedures if a president can no longer
serve. The powers of the president include serving as commander
in chief of the army and navy, making treaties, and with the
“advice and consent of the Senate,” appointing ambassadors,
officials, and Supreme Court justices. The president is required to
periodically report to Congress on the state of the union, can
propose legislation, and can call Congress into special session.
Article III
This article establishes the Supreme Court and authorizes
Congress to establish lower federal courts. The types of
cases the courts have jurisdiction over are given, and a
provision is made for the right to trial by jury. While not
specifically stated, the power of the courts to declare a
law unconstitutional is implied.
Article IV
The full faith and credit clause requires that the legislative and
judicial actions of one state be honored by the other states.
Additionally, a citizen of any state has the same privileges as
citizens of all the other states. Article IV also provides for
adding new states to the union, guarantees each state a
republican form of government, and ensures protection against
invasion or domestic violence.
Article V
The process for amending the
Constitution is described. The
states are responsible for
ratifying amendments.
Article VI
The Constitution, the laws of the United States, and treaties
entered into by the United States are the supreme law of the
land. This is known as the supremacy clause.
Article VII
Approval by conventions of nine states
was required to ratify the Constitution.
Congress proposed 12 amendments in September 1789;
three-fourths of the states approved ten of them in
December 1791, creating the Bill of Rights.
The Declaration of rights is like all other human blessings alloyed
with some inconveniences...But the good in this instance vastly
outweighs the evil."
"If we cannot secure all our rights, let us secure what we can."
Letter from Jefferson to James Madison, dated March 15, 1789

Amendment I prohibits the establishment of a state
religion and protects freedom of the press and speech
and the rights to assemble and petition the government
Amendment II guarantees the right to keep and bear
arms in the context of a state militia.
Now Called The National Guard
New York State Militia 1861
Amendment III prohibits the stationing of troops in
homes without consent.
Two-hundred-thirteen years later, when Sgts. Matthew Friedline,
left, and Greg Gittner prepared to deploy to Fort Dix, N.J., in
response to the terrorist crisis, nobody thought for a moment
about posting them with an area family. The Army reservists
bivouacked at the Crowne Plaza Hotel at Pittsburgh International
Airport
Amendment IV Protects against unreasonable searches and
seizures and requires probable cause for search warrants.
Amendment V establishes a grand jury to bring indictments in
capital or serious cases, protects against double jeopardy ( a
person cannot be tried twice for the same crime) and selfincrimination (individuals cannot be forced to testify against
themselves), and guarantees due process and eminent domain
(compinsation must be paid for the private property taken for
public use).
Amendment VI guarantees the right to a speedy trial by
an impartial jury in criminal cases, and to be informed
about charges, and to have representation by counsel.

Amendment VII provides for trial by jury in most 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 prohibits excessive bail or
fines and cruel and unusual punishments.
Amendment IX does not deny people the rights not
specifically mentioned in the Constitution.
Amendment X gives to the states of the people powers
not granted to Congress or denied to the states.
Subsequent Amendments to the
Constitution
Since the enactment of the Bill of Rights, the amendment
process has been used sparingly. While numerous
amendments have been proposed in Congress, only a handful
have gone to the states for action. An additional 17
amendments to the Constitution have been ratified over the
last 200+ years.

Xl 1798 A state can not
be sued by individual’s in
another state

XII 1804 Electors cast
separate votes for
president and vice
president
president
VS
vice president

XIII 1865 Slavery abolished

XIV 1868 Due process and
equal protection of the law
given to all persons born or
naturalized in the U.S.

XV 1870 Right to vote
cannot be denied because of
race, color, or previous
condition of slavery

XVI 1913 Federal income
tax established

XVII 1913 Direct election
of Senators

XVIII 1919 Prohibition

XIX 1920 Women given
the right to vote

XX 1933 Dates of
presidential inauguration
and opening of Congress

XXI 1933 Prohibition
repealed

XXII 1951 President
Limited to two terms

XXIII 1961 Citizens of
District of Columbia given
right to vote for president

XXIV 1964 Prohibits poll
tax for voting
D.C. hold 1st
presidential
vote.

XXV 1967 Succession of
president or vice
president

XXVI 1971 Minimum
voting age set at 18

XXVII 1992 Limits on
when pay raises for
members of Congress can
be enacted (originally
proposed Sept. 25, 1789)

What amendments to the Constitution
have people tried to have passed in recent
years, but failed to do so?

WASHINGTON, June 27, 2006 — A proposed
Constitutional amendment to allow Congress to prohibit
desecration of the flag fell a single vote short of approval
by the Senate on Tuesday, an excruciatingly close vote
that left unresolved a long-running debate over whether
the flag is a unique national symbol deserving of special
legal standing.
Resolution seeking to outlaw flag burning


Thursday, July 15, 2004
WASHINGTON (CNN) -Efforts to pass a
constitutional amendment
that would effectively ban
same-sex marriage failed
in the Senate Wednesday
afternoon, but supporters
vowed to keep fighting for
the measure.

The Equal Rights Amendment (ERA)
The ERA's first section states "Equality of rights under the law
shall not be denied or abridged by the United States or by any
State on account of sex." It was intended to place into law the
equality of men and women. It was sent to the states in March,
1972. The original seven year deadline was extended to ten
years. It expired unratified in 1982.
Section 1. Equality of rights under the law shall not be denied or abridged by
the United States or by any state on account of sex.

The Washington DC Voting Rights Amendment
Granted the citizens of Washington DC the same full
representation in Congress as any state, and repealed
the 23rd Amendment granting the District votes in the
Electoral College (since it would have been moot).
Proposed in 1978, it expired unratified in 1985.
Assignment
Now, Go onto Edmodo and propose a new amendment for the
Constitution that establishes a critical “right” not currently
protected by the document and explain why this “right” ought
to be protected. Place your post under the Topic “New
Amendment.” Edmodo Group Code m0llqx
The End