The Constitution

The Constitution September 17, 1787 “The supreme Law of the Land” Organization Preamble Articles Amendments All 13 original colonies approved the Constitution Took effect in 1789

The Basic Principles 1. Popular Sovereignty 2. Limited Government 3. Separation of Powers 4. Checks and Balances 5. Judicial Review 6. Federalism “These principles form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation.” - Thomas Jefferson (1801)

Popular Sovereignty The people are sovereign They are the ONLY source for any and all governmental power Government can govern only with the consent of the governed

Limited Government NO government is all-powerful A government may do ONLY those things that the people have given it power to do Constitutionalism: the government must be conducted according to constitutional principles Rule of Law- NO ONE is above the law (Constitution)

Separation of Powers Idea that the Framers of the Constitution intended to create a strong government for the United States but also limit the powers that the government has 3 Branches Executive: Veto Legislative: Override Veto Judicial: Determine Constitutionality

Checks and Balances Each branch is subject to a number of constitutional checks (restraints) by the other branches which creates a balancing of power between them Ex: President may veto an act of Congress, Congress can override a Presidential veto, Judicial branch can declare a law unconstitutional

Judicial Review The power of the courts to determine whether the government’s actions are in accord with the Constitution Unconstitutional: to declare an action or law illegal or null and void Marbury v. Madison, 1803

Federalism The division of power among a central government and several regional government Ex. Federal (National Government), Arizona State Government, Chandler City Government

Outline of the Constitution Preamble Article I: Legislative Power Article II: Executive Power Article III: Judicial Power Article IV: State’s Powers & Limits Article V: Amendment Process Article VI: Supreme Law of the Land Article VII: Ratification Amendments

Formal Amendment Changes or additions that become apart of the constitution 1 st Method: Amendment proposed and passed by 2/3 of House and Senate, then approved by 3/4 of the states (used 26 times) 2 nd Method: Proposed by Congress and ratified by state conventions (used once-the 27 th ) 3 rd Method: Proposed by National Convention (2/3), ratified by State Convention (3/4) (never used) 4 th Method: Proposed by National Convention(2/3), ratified by state legislatures(3/4) (never used)

Change By Other Means Passage of legislation by Congress Actions taken by the President Executive Agreement Treaty Decisions by the Supreme Court Activities of Political Parties Electoral College Customs Cabinet Senatorial Courtesy

A state can change its mind after it votes NO on an Amendment 15,000 since went to the states for approval 27 were ratified –First 10 were proposed in 1789 and ratified in –The First 10 are known as the …… Proposed Amendments

Ratification of the Constitution Almost all agreed that the Articles of Confederation were not working. But not everyone supported the new Constitution. Federalists supported the ratification of the Constitution. Anti-Federalists did not fully support ratification of the Constitution, and would not without a bill of rights included.

Federalists and the Anti-Federalists Federalists: Alexander Hamilton, James Madison, John Jay Focused on a strong national government Wanted National government to be stronger than states Financially sound government Ex. Pay off national debt, have a national bank, establish tariffs Anti-Federalists: Patrick Henry, Sam Adams, John Hancock Wanted a Bill of Rights to be included Wanted stronger state power Worried that the President would become too powerful, like a monarch

Bill Of Rights First 10 Amendments in the Constitution They set out the constitutional guarantees of freedom of expression and securities of all U.S. citizens

1: Freedom of Religion, Press, Assembly, and Speech 2: Right to bear arms 3: Protection from quartering soldiers 4: Protection from unreasonable search and seizure 5: Freedom from self- incrimination, double-jeopardy 6: Right to trial by jury and speedy trial and in front of your peers 7: Civil trial by jury 8: Protection from Cruel and unusual punishment 9: Protection of other rights 10: Powers of the state are reserved to the people

11 th Immunity to States for certain law suits 12 th Changes in Electoral College Procedures 13 th Abolition of Slavery 14 th Citizenship, due process and equal protection 15 th No denial of vote because of race. Color or previous enslavement Amendments 11-15

16 th Power to Congress to tax incomes 17 th Popular election of Senators 18 th Prohibition 19 th Women’s Suffrage 20 th Dates set for Presidential and Congressional Terms 21 st Repeal of Prohibition 22 nd Limit on Presidential Terms Amendments 16-22

23 rd Washington D.C. allowed to vote in Presidential Elections 24 th Ban of tax payment as voter qualification 25 th Presidential succession, vice presidential vacancy, and presidential disability 26 th Voting age th Congressional Pay Amendments 23-27

The Unalienable Rights Civil Rights Basic rights which guarantee equality for all despite such things as race, gender, disability, etc… Civil Liberties Basic rights and freedoms guaranteed by the constitution (Ex. Speech, Religion, trial by jury, vote, etc…)

Rights are Relative Rights are NOT absolute No one has the right to do anything he or she wants Due Process Clause: - No state shall deprive any person of life, liberty, or property without due process of law