1. CONSTITUTION, FEDERALISM & THE BILL OF RIGHTS #1

2. The Constitution Has lasted over 200 years because it is not overly detailed and has built in provisions to accommodate change. It is the “Supreme Law of the Land” Provides the structure, procedures and limitations of our Government system. Structure – Preamble – 7 Articles – 27 Amendments

3. The Constitution Preamble Articles I.The Legislative Branch II.The Executive Branch III.The Judicial Branch IV.Relations between the States V.Amending the Constitution VI.National debts, Supremacy, Oaths VII.Ratification procedure

4. The Amendments- An overview Amendments are changes or additions to the Constitution #1 – 10 were passed all together in 1791. Called the BILL OF RIGHTS. Deal with rights and protections. #11 – 17 were passed over time, 1795- 1992. Deal with things like abolition of slavery, income tax, prohibition, voting rights, etc.

5. PRINCIPLES of the Constitution- overview There are 6 basic principles seen in our Constitution: 1.Popular Sovereignty 2.Limited Government 3.Separation of Powers 4.Checks and Balances 5.Judicial Review 6.Federalism

6. #1: Popular Sovereignty The PEOPLE are sovereign in the US (people are the source of governmental power). Seen in the Preamble: “We the People…” Government governs with the consent of the governed. Video video Videovideo

7. #2: Limited Government Government is NOT all- powerful. It can only do things WE have given it the power to do (in the Constitution). Constitutionalism: Government must obey and operate within certain limits of the law. Rule of Law: Government and officials must obey the law. There are some things the Government CANNOT do (ex: tell you what religion to be, etc.)

8. #3: Separation of Powers The Legislative, Executive and Judicial Powers of our government are separated into 3 separate and equal branches. Each branch is described in a separate article of the Constitution. 3 Branches: – Legislative= Congress (House of Representatives + Senate) – Executive= President & Executive Departments – Judicial= Supreme Court and other Federal Courts – VIDEO VIDEO

9. #4: Checks and Balances The three branches each have certain powers to keep the other two in “check” (restrain). Examples: – The Executive Branch (President) can keep the Legislative Branch (Congress) in check with VETO power. – The Legislative Branch can keep the Judicial Branch in check by removing a judge through impeachment.

10. #5: Judicial Review The power of the courts to determine whether what the government does is in accord with the Constitution. Power of the Court to determine the Constitutionality of a law or action. If it doesn’t- that law or action becomes null/invalid- Unconstitutional. Explained in Federalist #78 and established by the court case Marbury v. Madison.

11. #6: Federalism Powers of government are distributed on a territorial basis. There is a National Government for whole country to handle things of national concern. There is also State, County, City, etc. governments as well to handle things of more local concern.

12. THE BILL OF RIGHTS Passed in 1791, came about because of the ratification controversy. Purpose was to protect people from a strong National Government. I.Freedom of Speech, Press, Religion, Petition, Assembly II.Right to Bear Arms III.No Quartering Troops IV.No unreasonable searches or seizures. Need probable cause and warrant V.Indict for serious crime with Grand Jury, No self-incrimination, No double jeopardy, due process VI.Speedy trial, public trial, jury trial, informed of charges, cross examine witnesses against you, have your own witnesses, right to lawyer VII.In civil case- if exceeds $20- trial by jury VIII.No excessive bail or fines; no cruel or unusual punishment IX.Not all of your rights are listed here X.If the power is not described in Constitution for the Federal government, then it is a power for the States.

13. Amendments 11 - 27 11.Immunity of states 12.Election of President 13.Abolish slavery 14.Citizenship, due process, equal protection 15.No deny vote race, color, etc. 16.Income tax 17.People elect Senators 18.Prohibit alcohol 19.Women’s right to vote 20.Change date for terms to Jan 21.Repeal prohibition (18 th ) 22.Limit Presidents to 2 terms 23.D.C. can vote for President 24.Can’t make pay poll tax to vote 25.Presidential succession 26.Voting age to 18 27.Congressional pay raises until next term

14. Other ways to change how our government works/functions US does things that aren’t necessarily in the Constitution. – Basic Legislation- Things Congress does- fills in vague parts of Constitution. Ex: courts – Executive Action- President does stuff like make war, make treaties, etc. – Court Decisions- Supreme Court’s interpretation of Constitution and laws – Party Practices- Things our political parties do. Ex: Our election process (nominating candidates, conventions, appointments, speaker of the house, etc.) – Custom- We have always done things that way. Ex: Cabinet, senatorial courtesy, no 3 rd term, etc.