Standard 1.4, 5, 6, 7 continued Structure of the U.S. Constitution Just the facts…

7 Articles…these articles set up our government The Constitution has 7 Articles…these articles set up our government Article I – Legislative Branch Makes laws Senate (upper house) equal representation –every state has 2 House of Representatives (lower house) – representation based on state’s population Both houses together are called Congress Section 8 contains delegated powers

Article II Executive Branch Enforces laws by signing them into law President & his Cabinet Article III Judicial Branch Interprets law Supreme Court & lower federal courts

Article IV Relations among states Respect one another’s laws Can’t discriminate against citizens of other states Admitting new states Protection afforded to states by the national government

Article V Amending the Constitution Made difficult on purpose so that only most important laws for the nation are added

Article VI National debt before the Constitution Supremacy Clause Oaths of office are necessary (first allegiance is to the Constitution) No religious qualification imposed for holding any public office

Article VII Ratification of the Constitution 9 out of original 13 states had to ratify before document could take effect

Details Federalists – those who supported the Constitution as written – 7 Articles …G.Washington/J.Madison/A.Hamilton Federalist Papers – 85 essays written to win support for ratification Anti-Federalists – feared a strong national government. Wanted individual rights protected with a Bill of Rights

The Amendments to the Constitution

Amendments There are currently 27 Amendments in the Constitution The first ten amendments are called the Bill of Rights The Bill of Rights was ratified in 1791

1st Amendment Freedom of religion, speech, press, and the rights of assembly and petition.

2nd Amendment Right to bear arms – the national government cannot limit the right to carry weapons. This amendment was adopted so that Congress could not disarm a state militia

3rd Amendment Housing/Quartering of Soldiers – this amendment grew directly out of an old complaint against the British, who had forced people to take soldiers into their homes.

4th Amendment Protection from unreasonable Searches and seizures Direct action against Writs of assistance!

5th Amendment Rights in Criminal Cases Need a grand jury indictment for federal crimes Can’t be tried twice for the same crime (double jeopardy) Don’t have to testify against yourself Can’t be deprived of life, liberty, or property without due process of law Private property can’t be taken for public use without fair payment.

6th Amendment Rights to a fair trial - Person must have a prompt, public trial by an open-minded jury - Accused individuals must be informed of the charges against them - Must be allowed to meet witnesses against them, face to face - Must have a lawyer to defend them if they want one

7th Amendment Rights in Civil Cases Jury trials are used for civil cases that exceed $20 in federal court

8th Amendment Bails, Fines, and Punishments Must be fair and humane

9th Amendment Rights retained by the people These rights were put in place to be sure no one misinterpreted the Bill of Rights to mean that rights not listed were not protected– they are!!

10th Amendment – RESERVED POWERS Powers retained by the States and the People The states keep all powers not given to the national gov’t

Proposed on September 25, 1789 Declared in force December 15, 1791 The Bill of Rights Proposed on September 25, 1789 Declared in force December 15, 1791

11th Amendment Lawsuits against states – 1795 Makes it impossible for a citizen of one state to sue another state in Federal court

12th Amendment Election of the President and Vice President 1804 Provides for the electoral college and procedures for selection of President and Vice President

Emancipation Proclamation of 1863 13th Amendment Abolition of Slavery 1865 Completed Lincoln’s Emancipation Proclamation of 1863 (Civil War)

14th Amendment Civil Rights – 1868 Makes former slaves citizens of the U.S. and in the state in which they live Forbids the states to deny equal rights to any person Forbids any state from depriving a person of life, liberty, or property w/o due process of law Forbids any state from denying any person equal protection of laws

15th Amendment African American Suffrage 1870 Right to vote cannot be denied on account of race, color, or previous condition of servitude

Income Tax 1913 Gives Congress the power to tax income 16th Amendment Income Tax 1913 Gives Congress the power to tax income

17th Amendment Direct Election of Senators 1913 Takes the power of electing senators of a state from the state legislature and gives it to the people of the state

18th Amendment Prohibition of Liquor – 1919 Forbids people to make, sell, or transport liquor * repealed in 1933

Women’s Suffrage – 1920 Gives women the right to vote 19th Amendment Women’s Suffrage – 1920 Gives women the right to vote

Senators & Representatives: January 3 20th Amendment Terms of President and Congress – 1933 Moves the date that newly elected presidents and members of Congress take office closer To election time... Senators & Representatives: January 3 President: January 20th LAME DUCK AMENDMENT

Takes away the 18th Amendment 21st Amendment Repeal of Prohibition – 1933 Takes away the 18th Amendment

22nd Amendment Limitation of President to two terms – 1951 No person can be elected President more than twice (Two terms = 8 years)

23rd Amendment Suffrage in the District of Columbia – 1961 Allows citizens of the District of Columbia to vote in Presidential elections…but cannot vote for members of Congress

24th Amendment Poll taxes – 1962 Forbids making voters pay a poll tax before they can vote In a national election

Presidential Disability 25th Amendment Presidential Disability and Succession 1967 Vice President takes over in case President is removed by death or resignation For Vice President, the President nominates the VP with the approval of both houses of Congress Vice Pres takes over if Pres is disabled

Suffrage for 18 year olds – 1971 26th Amendment Suffrage for 18 year olds – 1971

6. Who makes up the Executive Branch. 7 6. Who makes up the Executive Branch? 7. What is the job of the Executive Branch? 8. Who makes up the Judicial Branch? 9. What is the job of the Judicial Branch? 10. Which Article of the Constitution belongs to which branch? 11. What did Federalists support? 12. What did Anti-Federalists support? 13. What made Anti-Federalist states finally support ratification of the Constitution?

27th Amendment Congressional Pay Raises – 1992 Pay increases don’t go into effect until After the next regular election of the House of Representatives

How much do you know?? Who makes up the legislative branch of our government? How many houses are in our legislative branch of government? What is the job of the legislative branch? How do we know one of our legislative houses has equal representation? Where in the Constitution would this branch look to find a list of what they can do?

Basic Principles of the U.S. Constitution Standard 1.5

Popular Sovereignty The people have supreme power or authority Govern with the people’s consent

Limited Government Gov’t has only as much authority as the people give it

Separation of Powers Gov’t is divided Certain powers are assigned to each branch to prevent misuse of power

Checks & Balances Each branch has the ability to restrain the other two Executive: veto; appointment Legislative: override veto; approve appointment Judicial: judicial review

Federalism Power is divided between A central gov’t and state gov’ts

Judicial Review Courts have the power to review acts of the federal gov’t and to cancel any that are unconstitutional John Marshall: justice who used Marbury v. Madison case to establish judicial review