Celebrating the Constitution

What is Constitution Day? Congress, in December 2004, passed this law to commemorate the September 17, 1787 signing of the U.S. Constitution by the delegates to the Constitutional Convention held in Philadelphia. The law requires that all educational institutions receiving federal funding provide an educational program on the U.S. Constitution on September 17 of each year. September 17, 2010

Celebrating the Constitution  The purpose of Constitution Day and Citizenship Day is to ensure that students in our country have an increased knowledge and appreciation of this valuable and important document of freedom.  The Constitution is a handwritten document which is over 200 years old.  It is a living document that protects our rights and freedoms.  Why September 17? This is the day that the original document was adopted in 1787.

Independence Declared Thomas Jefferson Author of the Declaration of Independence After declaring independence from Great Britain, the colonies knew that if they wanted to grow and prosper, they would need a plan for unity. Effective March 1, 1781, the colonies were governed by the Articles of Confederation.

Articles of Confederation Our First Constitution  The Articles of Confederation posed many challenges. The powers of the central government were weak and the articles were impossible to amend.  The government had no power to collect taxes, no power over trade or commerce and no control over money -- each state could print its own. John Adams Founding Father 2 nd President of the United States

Father of the Constitution James Madison In May 25,1787, delegates from each state except Rhode Island met in Philadelphia to write a new Constitution. Philadelphia, the largest and most modern city at the time, was picked to host the convention because it was in the geographic middle of the states.

September 17, 1787 was a glorious day! The U.S. Constitution was finally signed by the delegates of the Constitutional Convention. The Constitution included a strong central government based on compromise; it outlined national powers and provided provisions for amending the Constitution. But their work was not done. The Constitution had to be ratified. George Washington President of the Constitutional Convention 1 st President of the United States

Ratification Had to be accepted by nine states December 3, 1787, Delaware was the first state to vote in favor of (ratify) it. New Hampshire became the ninth state to accept the Constitution on June 21, 1788

Signed and Ratified George Washington was the first of the delegates to sign. Delegates signed in order from the northern states to the southern states. Only 39 of the delegates actually signed, not all approved of the document.

The Constitution is made up of 3 parts: PreambleArticlesAmendments

Preamble What does it mean? The preamble is the introduction to the Constitution. It outlines the general goals of the framers: to create a just government, insure peace, provide an adequate national defense, and promote a healthy, free nation. With its first three words, “We the People,” the preamble emphasizes that the nation is to be ruled by the people - not a king or dictator, not the president, Supreme Court Justices, members of Congress or state legislators. The Supreme Court held in 1905 (in Jacobson v. Massachusetts) that the preamble is not a source of federal power or individuals’ rights. All rights and powers are set out in the articles and amendments that follow.

Preamble to 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 defence, 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.”

The Articles  Article I covers the Congress or legislative branch.  Article II covers the President or executive branch.  Article III covers judges and national courts or judicial branch.  Article IV covers how the states relate to each other and the national government.  Article V covers how the Constitution can be changed.  Article VI covers how the Constitution is the supreme law of the land.  Article VII covers the ratification of the document.

Amendments True or False The Bill of Rights was part of the original Constitution.

False The Bill of Rights was not included in the 1787 Constitution.

Benjamin Franklin Signer of the Constitution Founding Father Because there was so much interest and debate regarding individual rights, on December 15, 1791, ten amendments known as the Bill of Rights were added to the U.S. Constitution. Since then, seventeen more amendments have been added.

First Amendment Freedom of Religion, Speech and the Press; Right of Assembly and Petition  The First Amendment allows citizens to express and to be exposed to a wide range of opinions and views.  It was intended to ensure a free exchange of ideas even if the ideas are unpopular.

Second Amendment Right to Bear Arms  The principal debate surrounding the Second Amendment concerns whether the right to use and buy guns belongs to individuals or only to a militia.  Although the courts generally have held that the right applies to individuals, they have permitted the government to limit some rights of gun manufacturers, owners and sellers.

Third Amendment Housing of Soldiers  Intended to protect citizens’ rights to the ownership and use of their property without intrusion by the government.  The drafters of the Constitution, like many other colonists, were resentful of laws, in place before the Revolutionary War, that allowed British soldiers to take over private homes for their own use.  The amendment bars the government from forcing individuals to provide lodging to soldiers in their homes, except during war when the interest of national security may override an individual’s right of private property.

Fourth Amendment Search and Arrest Warrants  Protects people against unreasonable searches and seizures by government officials.  A search can mean everything from a frisking by a police officer to a blood test to a search of an individual’s home or car.  A seizure occurs when the government takes control of an individual or something in his or her possession.  Items that are seized often are used as evidence when the individual is charged with a crime.

Fifth Amendment Rights in Criminal Cases  Requirement that serious federal criminal charges be started by a grand jury (a group of citizens who hear evidence from a prosecutor about potential crimes).  This amendment is rooted in English common law.  Its basic purpose is to provide a fair method for beginning criminal proceedings against those accused of committing crimes.  Grand jury charges can be issued against anyone except members of the military, who are instead subject to courts-martial in the military justice system.

Sixth Amendment Right to a Fair Trial  In a criminal case, the government prosecutes or charges a defendant with a violation of the criminal law and begins proceedings (bail hearings, arraignments and trials) to prove that charge beyond a reasonable doubt.

Seventh Amendment Rights in Civil Cases  Extends the right to a jury trial to federal civil cases such as car accidents, disputes between corporations for breach of contract, or most discrimination or employment disputes.  In civil cases, the person bringing the lawsuit (the plaintiff) seeks money damages or a court order preventing the person being sued (the defendant) from engaging in certain conduct.  To win, the plaintiff must prove his or her case by “a reponderance of the evidence,” that is by over fifty percent of the proof.

Eighth Amendment Bails, Fines and Punishments  No Excessive Bail: The first portion of the Eighth Amendment concerns bail—the money paid by a defendant in a criminal case in exchange for his or her release from jail before trial.  Bail is returned to the defendant when he or she appears at trial but is forfeited to the government if he or she does not appear.  In this way, bail provides an incentive for a defendant to remain in the area and participate in the trial.

Ninth Amendment Rights Retained by the People  The Ninth Amendment is a constitutional safety net intended to make clear that individuals have other fundamental rights, in addition to those listed in the First through Eighth Amendments.  Some of the framers had raised concerns that because it was impossible to list every fundamental right, it would be dangerous to list just some of them (for example, the right to free speech, the right to bear arms, and so forth), for fear of suggesting that the list was complete.

Tenth Amendment Powers Retained by the States and the People  The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states.  The amendment says that the federal government has only those powers specifically granted by the Constitution.  These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles.

27 th Amendment The Twenty-seventh Amendment and Congress— Do you know what the last amendment to the Constitution says?

The Twenty-seventh Amendment provides that any change in salaries for members of Congress may only take effect after the beginning of the next term of office for Representatives. Sometimes called the "Congressional Compensation Amendment of 1789", the "Congressional Pay Amendment", and the "Madison Amendment", it was intended to serve as a restraint on the power of Congress to set its own salary—an obvious potential for conflict of interest.

Celebrate the Constitution Today, the “law of the land” is still the U.S. Constitution. It has sustained controversial issues, a civil war, and the changes that 200 years of American society brings. But it is strong and enduring. For that, We The People celebrate today the strength and flexibility of the U.S. Constitution.

The Constitution: A Living Document The Constitution of the United States was made not merely for the generation that then exist, but for the posterity - unlimited undefined, endless, perpetual posterity. -Henry Clay Henry Clay ( ) American statesman U.S. Congressman and Senator