Intro to “Our Constitution” *YOU DON’T need to write this down* Main Purpose of Constitution: Creates a framework for our Government Establishes itself as the highest authority in the land Serves as the basic law of the U.S. * Like the American Flag, it is a symbol of our nation!*
Three Main Parts to our Constitution: 1. Preamble: States goals and purposes of Constitution 2. 7 Articles: Structure of Gov’t Amendments: Changes or additions
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.
IDEAS IN THE CONSTITUTION -separation of powers – 3 branches, each w/ a different job -checks and balances – one branch can “check” the power of another -federalism – different levels of gov’t – federal, state, local -limited government – gov’t cannot take away ppl’s rights -popular sovereignty – the people vote and decide what they want
PARTS OF THE CONSTITUTION -Preamble -Articles 1-3 : Three Branches of our Gov’t -Article 4 : Traffic across state Lines -Article 5 : How you Amend the Constitution -Article 6 : States the Constitution is #1 -Article 7 :OLD: How to vote in the Constitution as the new Gov’t
Powers enumerated - Federal delegated expressed Exclusive -concurrent – both (shared) -reserved – states -implied powers – powers of the gov’t that are not directly stated, but assumed to exist -necessary and proper clause – “elastic” clause -“you gotta do what you gotta do” “The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
CHANGING THE CONSTITUTION -Amendment Process 27 total changes very difficult -Interpretation (Final Say) Supreme Court Judicial Review
OR First TEN CHANGES to the Constitution First 10 Amendments=Bill of Rights
1 st Amendment -Freedoms…… Speech Press Religion Assembly Petition
2 nd Amendment -Bear arms *Food for thought: What kind of “arms” did our Founding Fathers mean?
3 rd Amendment -No forced housing of soldiers *Remember the Quartering Act? What did it say?
4 th Amendment -no illegal searches or seizures – must have a warrant -right to privacy
5 th Amendment -due process -eminent domain -grand jury -no double jeopardy -right to remain silent – “Miranda” rights
6 th Amendment -speedy public trial -right to a lawyer -jury trial -informed of charges -question all witnesses
7 th Amendment -Jury trial in all civil cases
8 th Amendment -no excessive bails and fines -no cruel and unusual punishments
9 th Amendment -all rights not listed are still protected
10 th Amendment -all powers not given to the National Gov’t are reserved for the states Reserved Powers