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The Constitution contains 3 parts: the Preamble, the Articles, and the Amendments The Constitution contains 3 parts: the Preamble, the Articles, and.

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Presentation on theme: "The Constitution contains 3 parts: the Preamble, the Articles, and the Amendments The Constitution contains 3 parts: the Preamble, the Articles, and."— Presentation transcript:

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3 The Constitution contains 3 parts: the Preamble, the Articles, and the Amendments The Constitution contains 3 parts: the Preamble, the Articles, and the Amendments The Preamble is a single, long sentence defining the broad purpose of a republican government The Preamble is a single, long sentence defining the broad purpose of a republican government Republican Government: a representative political system in which authority comes from the people and is exercised by elected officials Republican Government: a representative political system in which authority comes from the people and is exercised by elected officials The 7 articles describe the 3 branches along with state relations, supremacy, and the amendment process The 7 articles describe the 3 branches along with state relations, supremacy, and the amendment process The amendments are the 27 changes made to the Constitution The amendments are the 27 changes made to the Constitution

4 Due Process: the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards

5 Enumerated Powers: those powers of the national government that are specifically listed in the U.S. Constitution Implied Powers: those powers of the national government, and particularly of Congress, that are not specifically listed in the Constitution, but which the government can reasonably claim as part of its governing responsibility Necessary and Proper Clause: Congress can “make all laws which shall be necessary and proper” for carrying out its duties; also known as the “Elastic Clause” Habeas Corpus: the right of accused persons to be brought before a judge to hear the charges against them

6 Article III: Judicial Branch Jurisdiction: the subject matter over which a court may exercise authority; also, a court’s power to hear a case Article VI Supremacy Clause: states that it is the Constitution is the “supreme Law of the Land”; this means that federal law supersedes all state and local laws 5 th Amendment Eminent Domain: which prevents the government from taking over private property without just or fair compensation 7 th Amendment Civil Case: such as a lawsuit, is one that does not involve criminal conduct

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8 1.First Amendment 1.First Amendment: Basic freedoms. Guarantees five basic freedoms: religion, speech, press, assembly, and petition. 2. Second Amendment 2. Second Amendment: Right to bear arms. Protects the right to bear arms and form state militias. The national and state governments, however, claim the right to regulate firearms. 3. Third Amendment: 3. Third Amendment: Quartering of soldiers. Bans quartering of troops in private homes during peacetime. This was a key concern in the 1700s but has little relevance today. 4. Fourth Amendment 4. Fourth Amendment: Search and seizure. Prevents unreasonable search and seizure. Police and other authorities have no right to search or seize property or people without just cause. 5. Fifth Amendment 5. Fifth Amendment: Rights of the accused. Outlines the right to due process of law and other legal protections. This amendment covers various rights of people accused of crimes. 6. Sixth Amendment 6. Sixth Amendment: Right to a fair trial. Guarantees the right to public and speedy trial by a jury in criminal cases. The accused also has other rights such as to call witnesses and to be represented by an attorney. 7. Seventh Amendment 7. Seventh Amendment: Civil trials. Guarantees the right to jury trial in civil cases. 8. Eighth Amendment 8. Eighth Amendment: Bail and punishment. Bans excessive bail and punishment. The courts may not impose unreasonable bail, fines, or cruel and unusual punishment. 9. Ninth Amendment 9. Ninth Amendment: Rights retained by the people. Guarantees other rights not listed in the Constitution or Bill of Rights. 10. Tenth Amendment 10. Tenth Amendment: States’ rights. Reserves powers for the states and the people that are not specifically given to the national government.

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10 The limited government envisioned in the Constitution is based on: 1.Popular Sovereignty 2.Rule of Law 3.Separation of Powers and Checks and Balances 4.Federalism 5.Independent Judiciary 6.Individual Rights

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12 Checks and Balances: a system in which each branch of government can limit the power of the other branches Veto Power: the power of the president to reject a bill and send it back to Congress Impeachment: a formal charge of wrongdoing against the president or other public official; the first step in removal from office

13 Federalism: a political system in which power is divided between a central government and smaller regional governments Delegated (Expressed) Powers: powers granted to the national government rather than to the states under the U.S. Constitution Reserved Powers: powers kept by the states under the U.S. Constitution Concurrent Powers: powers shared by the federal and state governments under the U.S. Constitution Commerce Clause: Congress to regulate trade with other nations and among the states

14 Independent Judiciary: a system of judges and courts that is separate from other branches of government The Process of Judicial Interpretation: 1.The text, or exact wording, of the Constitution itself 2. The original intent, what the framers of the U.S. Constitution meant or were trying to achieve when they wrote the original document 3. Court precedent, a decision by a court that serves as an example or guide for future decisions 4. The practical consequences for society of a particular interpretation 5. Basic moral and ethical values

15 Strict Construction: a literal approach to interpreting the U.S. Constitution, using the exact words of the document also known as “Originalism” Loose Construction: a flexible approach to interpreting the U.S. Constitution, taking into account current conditions in society also known as “Interpretivism” Judicial Review: the power of the courts to declare laws and executive acts unconstitutional


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