A New United States U.S. Constitution
Framers of the Constitution were intelligent/schooled men English democratic tradition limited powers Magna Carta (1215): limited the monarch’s powers & gave more to the legislature Bill of Rights English Bill of Rights (1689) natural rights Influenced by John Locke’s theories of natural rights separating & balancing the powers …and Baron de Montequieu’s ideas of separating & balancing the powers of the government Drew on thousands of years of sources & models Political developments from Greek philosophers & the Roman republic
Set-up Set-up of the Constitution Preamble Intro IntroArticles 7 total 7 totalAmendments Bill of Rights Bill of Rights Ten as of overall
Preamble of 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 defense, promote the general welfare, and secure the blessings of liberty to ourselves & our posterity, do ordain & establish this Constitution for the United States of America.
Goals of the Preamble union (of states) To form a more perfect union (of states) justice To establish justice (protect & set the law) tranquility home) To ensure domestic tranquility home) defense To provide for the common defense (defend country) welfare To promote the general welfare (voting, well- being of general population) liberty To secure the blessings of liberty
Popular Sovereignty A monarch is unconstitutional People should have authority People should have authority Right to alter or abolish government Limited government Avoid tyranny Govt has powers only expressed in Constitution Govt has powers only expressed in Constitution
More principles Separation of power 3 branches of government 3 branches of government : Executive: President Legislative: Congress Judicial: Courts Checks & balances No abuse of power No abuse of power Each branch can limit the other two Each branch can limit the other two
Principles continued… Federalism Division of power Division of power Federaldivided from thestate Federal government divided from the state
National Govt. State Govt. BOTH National & State Enumerated Powers R egulate trade C oin money P rovide an army & navy C onduct foreign affairs S et up federal courts Concurrent Powers Enforce the laws Establish courts Collect taxes Borrow money Provide for the general welfare Reserved Powers R egulate trade within the state E stablish local govt. systems C onduct elections E stablish public schools systems
Final principles… Republicanism Republic form of government Citizens elect representatives Citizens elect representatives Individual Rights Protects rights of individual citizens Protects rights of individual citizens
The Articles #1 – Legislative branch #2 – Executive branch #3 – Judicial branch #4 – Relation between states #5 – Amendment process #6 – National supremacy Constitution is “supreme law of the land” #7 – Ratification
Bill of Rights Freedoms of religion, speech, press, assembly, & petition Right to bear arms No lodging troops in private homes Search & Seizure Rights of the accused Right to speedy trial by jury Jury trial in civil cases Bail & punishment Powers reserved to the people Powers reserved to the states 12 amendments proposed in 1789…10 amendments ratified by Congress on 12/15/1791 & known as Bill of Rights