The Constitution of the United States of America

Why Does the Constitution Matter? Constitution – body of fundamental laws which say how a government is to operate It is the supreme law of the land It explains how the government works It protects your civil rights

A Brief Outline The Preamble – lays out the purpose and introduces the Constitution The Articles – the substance of governmental law The Amendments

The Seven Articles I. The Legislative Branch II. The Executive Branch III. The Judicial Branch IV. Relations Among States V. The Amendment Process VI. National Debts, National Supremacy, Oaths of Office VII. Requirements for Ratification

Basic Principles of the Constitution Popular Sovereignty – supreme power rests with and only with the people Some parts of the Constitution stop popular sovereignty Electoral College chooses the president, not popular vote State Legislatures chose the Senate, not popular vote Later changed to direct popular election by 17th Amendment

Basic Principles of the Constitution Separation of Powers U.S. uses a presidential government, where the executive and legislative branches are chosen separately Each branch has its own powers and responsibilities

Basic Principles of the Constitution Checks and Balances: Each branch is not totally independent of the others The branches have powers to override each other when necessary

Basic Principles of the Constitution Federalism The national government is given certain powers by the Constitution Whatever is left is a power for the states to use

Article V - Formal Amendment Process Step 1 – Must Be Proposed (happens at the national level) Step 2 – Must Be Ratified (approved at the state level) This is a reflection of federalism

2 Ways to Propose an Amendment 1. 2/3 vote in both houses of Congress All 27 Amendments were proposed this way 2. Constitutional Convention requested by 2/3 of the states Has not ever been used

2 Ways to Ratify an Amendment 1. 3/4 of state legislatures approve it 26 of the 27 Amendments were ratified this way 2. 3/4 of conventions called by the states approve it Only the 21st Amendment was ratified this way

The First Ten Amendments…

The Bill of Rights These are awesome!

The 1st Amendment Freedom of Religion Freedom of Speech Establishment Clause – government cannot establish a religion Free Exercise Clause – government cannot prohibit you from practicing religion Freedom of Speech Freedom of the Press Right to Assembly Right to Petition

The 2nd Amendment The Right to Bear Arms Not the Right to Bare Arms

The 3rd Amendment No Quartering of Soldiers in Times of Peace

The 4th Amendment Protection Against Unreasonable Search and Seizure

The 5th Amendment No Double Jeopardy (Can’t be charged with the same crime twice) Protection against self-incrimination Guarantee of Due Process of Law

The 6th Amendment: rights in a criminal trial Right to a Criminal Trial by Jury Trial must be speedy, public Must be in the state where the crime was committed Right to legal counsel Right to call witnesses favorable to the defendant

The 7th Amendment: rights in a civil trial Right to a Civil Trial by Jury Civil – not criminal, typically a lawsuit for money or to repeal a government action

The 8th Amendment Protection Against Cruel and Unusual Punishment

The 9th Amendment Rights Retained by the People In other words, just because a right isn’t listed here in the Constitution doesn’t mean that people don’t have that right

The 10th Amendment Powers Reserved for the States All powers that are not given to the national government are reserved for the states

Informal Amendments The vast majority of changes to the Constitution have not changed the words in the Constitution