1. 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 and our Posterity, do ordain and establish this Constitution for the United States of America”

2. The Constitution “It’s a plan, but not a straightjacket, flexible and short.” – Harry S. Truman ~4540 words

3. The Structure of the Constitution All legitimate authority (power) is derived from the U.S. Constitution. Federal Government: The Branches State Government => defines local power Those governments cannot deviate outside of their powers defined in the U.S. Constitution

4. PARTS (Structure) 1. PREAMBLE: Introduction to the Constitution; it lists the six basic principles for our government 2. ARTICLES: The 7 articles laying out the framework for our government. Powers distributed to the branches. 3. AMENDMENTS: Changes made to the Constitution after the initial ratification

5. Basic Principles Basic Principles These six principles are the ideas and standards that our government is based on and functions according to. 1. Popular Sovereignty 2. Limited Government 3. Separation of Powers 4. Checks and Balances 5. Judicial Review 6. Federalism With these in mind, why did the framers include the Preamble in the Constitution?

6. Popular Sovereignty Popular Sovereignty People are the ONLY source of government’s power People are the ONLY source of government’s power “We the People…do ordain and establish” “We the People…do ordain and establish” Government’s power comes from the people, and the people have given government permission to govern by the Constitution Government’s power comes from the people, and the people have given government permission to govern by the Constitution

7. Checks and Balances Checks and balances is a way for the government to give each branch power over the other two Checks and balances is a way for the government to give each branch power over the other two The idea is to keep one branch from becoming more powerful than the others and controlling government The idea is to keep one branch from becoming more powerful than the others and controlling government –Why would the framers want to ensure one branch did not become too powerful?

8. Limited Government Limited Government The idea that government is not all powerful and can be limited The idea that government is not all powerful and can be limited Government can do only those things the PEOPLE have given it the power to do Government can do only those things the PEOPLE have given it the power to do States that government must obey the law States that government must obey the law The entire Constitution is a statement of Limited Government The entire Constitution is a statement of Limited Government When did the idea of Limited Government begin?

9. Judicial Review Judicial Review Has the power of the courts to determine whether what government does is in compliance with what the Constitution says Has the power of the courts to determine whether what government does is in compliance with what the Constitution says Basically, if a case is brought to the courts questioning a law or some other government action, the court must look at the law and determine if it violates the Constitution Basically, if a case is brought to the courts questioning a law or some other government action, the court must look at the law and determine if it violates the Constitution If it does, the courts declare it unconstitutional, and the law or action is thrown out and no longer in effect (Null and Void) If it does, the courts declare it unconstitutional, and the law or action is thrown out and no longer in effect (Null and Void)

10. The Articles There are 7 articles in the second section of the Constitution, each accomplishing different things Article 1: Legislative Branch The power to create legislation (statutes/laws) Traditionally, the most powerful branch Article 2: Executive Branch The power to enforce (carryout) the laws created by Congress Article 3: Judicial Branch The power to interpret and apply law

11. The Articles The Articles Article 4: Relationship of the state governments to one another and to the Federal government. Full Faith and Credit How to make new states States must follow the Republic form of government Article 5: Amendment Process 2/3rds of both Houses (only successful process) National Convention (called on by 2/3rds of the states) Ratification of the Amendment is required by 3/4 th of the states. Article 6: Supremacy Clause- Government is bound to the Constitution, but in conflicts of Federal government and state law, the Federal government is Supreme. Article 7: Ratification

12. Changing the Constitution “The Constitution,” said Jefferson, “belongs to the living and not to the dead.” The U.S. Constitution is frequently—and rightly—referred to as a living document. It is constantly being tested and altered Constitutional changes are made either by formal amendments or by a number of informal processes

13. The Formal Amending Process Madison felt that the American Constitution was rigid enough to provide stability in government, yet also flexible enough to allow adaptation over time. The Founders designed a process for adopting amendments to the U.S. Constitution Total of 27 Amendments (changes) to the Constitution. First 10 Amendments are also known as the Bill of Rights.

14. Amending the Constitution Amending the Constitution Article V provided four methods to amend the Constitution Article V provided four methods to amend the Constitution An amendment is a change to the Constitution or clarification of something in the Constitution An amendment is a change to the Constitution or clarification of something in the Constitution

15. The Four Methods The Four Methods Method 1: Proposed by a 2/3 vote in each house of Congress Proposed by a 2/3 vote in each house of Congress Ratified by ¾ of the state legislatures Ratified by ¾ of the state legislatures Method 2: Proposed by a 2/3 vote in each house of Congress Proposed by a 2/3 vote in each house of Congress Ratified by conventions in ¾ of the states Ratified by conventions in ¾ of the states Method 3: Proposed by a national convention called by Congress at the request of 2/3 of the states Proposed by a national convention called by Congress at the request of 2/3 of the states Ratified by ¾ of the state legislatures Ratified by ¾ of the state legislatures Method 4: Proposed by national convention called by Congress at the request of 2/3 of the states Proposed by national convention called by Congress at the request of 2/3 of the states Ratified by conventions in ¾ of the states Ratified by conventions in ¾ of the states

17. Amendments, cont’d Amendments, cont’d There is no time limit for ratification of an amendment once it is proposed There is no time limit for ratification of an amendment once it is proposed Congress may set a time limit if they so choose Congress may set a time limit if they so choose Example: The 27 th amendment was proposed in 1789 as part of the Bill of Rights, however it was not ratified until 1992, 203 years later!!! Example: The 27 th amendment was proposed in 1789 as part of the Bill of Rights, however it was not ratified until 1992, 203 years later!!! 26 of the 27 amendments have been added through method 1 26 of the 27 amendments have been added through method 1 The 21 st amendment was added through method 2 in 1933 The 21 st amendment was added through method 2 in 1933 This 21 st amendment is the only amendment that cancels out another This 21 st amendment is the only amendment that cancels out another –It repealed the 18 th amendment, which outlawed the sale and consumption of alcohol

18. Amendments, cont’d Amendments, cont’d The amendments are divided into three groups (click the group below to see the amendments in each group) The amendments are divided into three groups (click the group below to see the amendments in each group) BILL OF RIGHTS BILL OF RIGHTS – Amendments 1 through 10 BILL OF RIGHTS CIVIL WAR AMENDMENTS CIVIL WAR AMENDMENTS – Amendments 13 through 15 CIVIL WAR AMENDMENTS LATER AMENDMENTS LATER AMENDMENTS – Amendments 16 through 27 LATER AMENDMENTS (Amendments 11 and 12 are generally considered to be an extension of the Bill of Rights, and therefore not included in any of the three groups)

19. Equal Rights Amendment Some amendments have been proposed but not ratified. The best known of these is the Equal Rights Amendment (ERA) “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” First introduced in Congress in 1923 by the nephew of suffragist Susan B. Anthony, the ERA had to wait 49 years—until 1972—before Congress passed it and sent it to the states for ratification It failed, in part, because of the system of checks and balances. It failed to acquire ¾ of the state legislatiures support

20. Informal Amendments Informal Amendments The Constitution can be informally changed through 5 methods 1. Basic Legislation of Congress 2. Actions of the President 3. Supreme Court Decisions 4. Activities of the Political Parties 5. Custom

21. Basic Legislation Basic Legislation Congress may pass laws that spell out or add detail to one of the Constitution’s brief provisions Ex. 25th Amendment provides for Presidential succession beyond what the original Constitution stated Congress can add to the Constitution through the way it uses its powers Ex. Constitution says Congress has the power to regulate “foreign and interstate commerce,” but does not define what that is. Congress has passed thousands of laws dealing with all different aspects of trade.

22. Executive Action The manner in which various Presidents have used their power has also contributed to the growth of the Constitution The manner in which various Presidents have used their power has also contributed to the growth of the Constitution Ex. Congress can declare war, but President is Commander in Chief and can send military where he chooses.

23. Judicial Interpretation Part of the job of the courts is to interpret the Constitution. These interpretations have changed the Constitution over the years. Part of the job of the courts is to interpret the Constitution. These interpretations have changed the Constitution over the years. Ex. In Plessy v. Ferguson, the courts ruled that separate facilities for different races were Constitutional. Later in Brown v. Board of Education, the court struck down this ruling and stated that separate facilities are Unconstitutional.

24. Party Practices Party Practices The Constitution makes no mention of political parties, yet they have changed the way politics are handled in this country for as long as the country has been around. The Constitution makes no mention of political parties, yet they have changed the way politics are handled in this country for as long as the country has been around. Ex. The Constitution makes no mention of how candidates would be chosen to run for President, yet parties have been nominating candidates since the 1796 election.

25. Custom Various customs and traditions have contributed to the Constitution over the years, many thanks to George Washington himself. Ex. The Constitution makes no mention of the President’s cabinet, but Washington had one, so every President since him has had one. Ex. Washington stated that Presidents should serve no more than 2 terms, so none did until FDR in the 1930’s and 1940’s.

26. Review What are the three parts of the Constitution. What are the three parts of the Constitution. The ________ lists the six basic principles. The ________ lists the six basic principles. According to popular sovereignty, who is the source of government’s power? According to popular sovereignty, who is the source of government’s power? Judicial Review gives the courts power to? Judicial Review gives the courts power to? Why do we have checks and balances? Why do we have checks and balances? How can we amend the Constitution? Which one has been used most often? How can we amend the Constitution? Which one has been used most often? Which amendments are included in the Bill of Rights? The Civil War Amendments? The Later Amendments? Which amendments are included in the Bill of Rights? The Civil War Amendments? The Later Amendments? Give an example of the President informally changing the Constitution through executive action Give an example of the President informally changing the Constitution through executive action Give an example of an informal change through custom Give an example of an informal change through custom

27. Later amendments Later amendments The later amendments include all those passed since the 3 civil war amendments 16th Amendment – Income Tax 16th Amendment – Income Tax 17th Amendment – Popular Election of Senators 17th Amendment – Popular Election of Senators 18th Amendment – Prohibition of Alcohol 18th Amendment – Prohibition of Alcohol 19th amendment – Voting rights for women 19th amendment – Voting rights for women 20th Amendment – Set dates/times for end of terms, sets conditions in case of the death of a President-elect 20th Amendment – Set dates/times for end of terms, sets conditions in case of the death of a President-elect 21st Amendment – Repeal of the 18th amendment (prohibition) 21st Amendment – Repeal of the 18th amendment (prohibition) 22nd amendment – Set limit at two terms maximum for a president 22nd amendment – Set limit at two terms maximum for a president Click to go Back to last slide

28. Civil War Amendments Civil War Amendments The Civil War Amendments were passed as a direct response to the outcome of The Civil war. They all deal with slavery in one way or another. 13th Amendment – Outlawed slavery and Involuntary servitude in the United States of America 13th Amendment – Outlawed slavery and Involuntary servitude in the United States of America 14th Amendment – Helped make former slaves citizens of the U.S. and gave them all the rights that being a citizen entails 14th Amendment – Helped make former slaves citizens of the U.S. and gave them all the rights that being a citizen entails 15th Amendment – Written to give former slaves the right to vote, however was not entirely successful in doing so for nearly 100 years 15th Amendment – Written to give former slaves the right to vote, however was not entirely successful in doing so for nearly 100 years Click to go Back to last slide

29. Bill of Rights Bill of Rights The purpose of the Bill of Rights was to list out the basic rights of all Americans so these rights could not be violated as they were in the years of British rule under King George III Amendment 1: Freedom of Speech, Press, Religion, Assembly, and Petition Amendment 1: Freedom of Speech, Press, Religion, Assembly, and Petition Amendment 2: The right to bear arms Amendment 2: The right to bear arms Amendment 3: Protects against the Quartering of Troops Amendment 3: Protects against the Quartering of Troops Amendment 4: Protects against illegal search and seizure of personal property Amendment 4: Protects against illegal search and seizure of personal property Amendment 5: Insures due process, protects against eminent domain, provides rules for criminal hearings, and protects against self-incrimination Amendment 5: Insures due process, protects against eminent domain, provides rules for criminal hearings, and protects against self-incrimination Amendment 6: Right to a speedy and public trial and right to trial by jury Amendment 6: Right to a speedy and public trial and right to trial by jury Amendment 7: Provides stipulations for civil trials Amendment 7: Provides stipulations for civil trials Amendment 8: Protects against excessive bail and cruel and unusual punishment Amendment 8: Protects against excessive bail and cruel and unusual punishment Amendment 9: States that the rights listed in the Constitution are not all the rights given to the American people Amendment 9: States that the rights listed in the Constitution are not all the rights given to the American people Amendment 10: States that all powers not granted to the National government or forbidden to the states, belong to the states Amendment 10: States that all powers not granted to the National government or forbidden to the states, belong to the states Click to go Back to last slide

30. Checks and Balances Each branch is given the power to restrain or cancel the actions of other branches => less corruption/less abuse Checks and Balances is the result of separation of powers (they are not the same thing). Explain?