1. The Constitution

2. Origins & Intentions Features - codified - federal - popular sovereignty - separation of powers - limited government - judicial review

3. Origins & Intentions Explain: a)What are the origins of the US Constitution? b)What were the intentions of the Founding Fathers?

4. 6 Features of the US Constitution Checks and balances Federalism Popular sovereignty Separation of powers Limited Government Judicial Review Constitutional Features Prove Sovereignty, Liberty and Justice

5. Checks and balances Each branch of government is subject to a number of constitutional checks by other branches

6. Federalism “Federalism is a system of government in which the powers of government are divided between a central government and several local governments.” After the disaster of the Articles of Confederation, there had to be a compromise between a strong central government and states’ rights – this was to be federalism. Out of the Articles of Confederation came the United States of America – e pluribus unum – ‘out of many, one’. But nowhere in the constitution is the word ‘federal’ or ‘federalism’ mentioned; it is written in the enumerated powers of the 3 branches of government and the implied powers. The Supreme Court was to be the umpire of all disagreements between federal and state governments.

7. Popular Sovereignty “Popular sovereignty asserts that the people are the source of any and all government power, and government can exist only with the consent of the governed.” The framers of the constitution included the principle of Popular Sovereignty in their design of the new government. Simply explained, this means that the people rule this country. The people elect public officials to represent them in free and frequent elections. The Constitution even begins with the words, “We the People…”.

8. Separation of Powers “Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.” A theory of government whereby political power is distributed among these branches of government – the legislature, the executive and the judiciary – acting both independently and interdependently. As applied to the US government, the theory is better understood as one of ‘shared powers’. It is the institutions of government that are separate, while the powers are shared through an elaborate series of checks and balances.

9. Limited Government “The principle of limited government states that government is restricted in what it may do, and each individual has rights that government cannot take away.” The Founding Fathers wanted ‘limited government’, whereby government would only do what was essential, leaving the citizens’ fundamental rights and freedoms as untouched as is possible in an organized and orderly society. The Founders wanted to move away from the tyranny of an absolute monarch, and ensure that no government would ignore the rights of individuals. The Bill of Rights is an example of how the Constitution limits the powers of the government, by protecting certain inalienable rights of citizens.

10. James Madison “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” - The Federalist Papers

11. Judicial Review “The principle of judicial review consists of the power of a court to determine the constitutionality of a governmental action.” Judicial review is the power of the Supreme Court to declare acts of Congress, or actions of the executive, or acts or actions of state governments unconstitutional, and thereby null and void. The power is not mentioned in the Constitution; it “just happened” in the case of Marbury v Madison (1803) when, for the first time, the Supreme Court declared an Act of Congress unconstitutional. Judicial review means that the Supreme Court are the interpreters and guardians of the constitution (e.g. the 1 st amendment protects free speech, but the Supreme Court can interpret what is meant by “free speech”).

12. The Constitution

13. United States v. Schenk during WW1 Civil Liberties: Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Freedom from unreasonable search and Seizure. Civil Rights: Right to due process Right to Trial by Jury Right to legal counsel Right to vote Right to petition the government for a redress of grievances.

14. Homework Find at last one example of each constitutional feature to use in answering exam questions. e.g. “A feature of the US constitution is judicial review which allows the Supreme Court to declare Acts of Congress unconstitutional (e.g. The Mushroom Promotion, Research, and Consumer Information Act in 1990 was found to violate the First Amendment by imposing mandatory assessments on mushroom handlers for the purpose of funding generic advertising to promote mushroom sales.)”

15. Civil Liberties: Basic freedoms that are considered to be the birthright of all individuals. Thomas Jefferson and fellow framers called them Natural rights or unalienable rights. Think Life, liberty, and the pursuit of happiness. Civil Rights: Are rights that come with being a member of that particular society. They are not protections from the government- they are more guarantees by the government of equal rights and fair treatment under the law. Think trial by jury, and the right to vote.

16. Early Challenges and Precedents set: Marbury vs. Madison: Laid the foundation for judicial review by the Supreme Court. Then the court had to decide whether the bill of Rights applied to actions by state Government. They ruled no. Which is apparent in the case of Barron v. Baltimore that the bill of rights applied only to the actions of the federal government. This however showed that the Court could do little to prevent states from infringing on basic rights and liberties. More obstacles laid ahead as shown in the case of Plessy v. Ferguson. Which was ruled protected by “Equal protection Clause.” The Supreme Courts reluctance to make the Bill of Rights binding to states meant that very few cases involving civil rights went through the process before the 1900’s.

17. 2 Form of speech not protected under the Constitution : Slander: Orally spreading false information about someone with intent to cause harm. Libel:Publishing false information about someone with intent to cause harm. The Supreme Court later ruled that Symbolic speech would be protected, and would later pass the Communications Decency Act. When the Supreme Court made it clear that they would protect all speech they would have to allow some offensive speech – which is the cornerstone of a free society.

18. IN SUMMARY: The first 10 amendments were added to the Constitution to safeguard civil liberties and civil rights: However, it took several years for the Supreme Court to apply the Bill of Rights to the actions of state and local governments. The first amendment protects the freedoms of religion, speech, the press, and assembly. The 2 nd, 3 rd, and 4 th amendments are designed to protect the rights of citizens from government abuses of power. The 5 th, 6 th, 7 th, and 8 th amendments define and protect rights under the judicial system. The 9 th amendment protects other unnamed rights not specified in the Bill of Rights. The 10 th Amendment reserves powers not granted to the federal government to the states or the people.

19. The Second Amendment - the right to bear arms was created out of fear of a standing military. The first gun restrictions came from a Supreme Court case in 1939 The United States v. Miller. The 3 rd and 4 th Amendment protects both your home and person. From abuses by law enforcement and military. Although the 3 rd amendment doesn’t have much modern day application the 4 th is used daily. To execute a warrant a judge must grant one based on probable cause or reasonable suspicion of criminal behavior. 2 nd, 3 rd, and 4 th Amendment

20. The next 4 amendments the: 5 th, 6 th, 7 th, and 8 th concern protection of rights in the judicial process. The 5 th Amendment protects all individuals from Self-incrimination as well as double jeopardy. The 6 th and 7 th Amendment helps ensure a fair trial. The 6th Amendment says that criminal trials must be carried out quickly, publicly, and in front of an impartial jury. Also if you are unable to afford legal counsel it will be provided for you. This was made precedent in the case of Gideon v. Wainright. The 7 th Amendment guarantees trial by Jury in most civil cases. The 8 th Amendment protects you from excessive bail and Punishment

21. The 9 th Amendment refers to your rights beyond those listed in the Constitution.- that your unenumerated rights be protected. The 10 th Amendment refers to the powers reserved for the States and the People. This Amendment is concerned more with federalism or the balance of federal and state powers than with individual rights.

22. The Founding Fathers Trivia

23. “Seven Who Shaped Our Destiny” - Richard B Morris, 1973 QUESTION 1: Historian Richard B Morris described the 7 key Founding Fathers as “Seven Who Shaped Our Destiny”…but who are the 7 key Founding Fathers?

24. “Seven Who Shaped Our Destiny” - Richard B Morris, 1973 ANSWER: John Adams Benjamin Franklin Alexander Hamilton John Jay Thomas Jefferson James Madison George Washington

25. How many Founding Fathers are there? QUESTION 2: Some historians define the "Founding Fathers" to mean a larger group, including not only the Signers and the Framers but also all those who, whether as politicians, jurists, statesmen, soldiers, diplomats, or ordinary citizens, took part in winning American independence and creating the United States of America. How many Founding Fathers are there?

26. ANSWER: 145

27. How are the Founding Fathers referred to? QUESTION 3: The Founding Fathers is a collective term for a large group of people. Historians divide them into two sub-categories. How are the Founding Fathers in these two categories referred to?

28. How are the Founding Fathers referred to? ANSWER: Signers of the Declaration of Independence Framers of the Constitution

29. Declaration of Independence QUESTION 4: The Declaration of Independence was signed in 1776. How many signatures are on the Declaration?

30. Declaration of Independence ANSWER: 57

31. Who signed first? QUESTION 5: Who was the first man to sign the Declaration of Independence?

32. Who signed first? ANSWER: John Hancock Legend has it on signing he said "There, I guess King George will be able to read that!“ John Hancock is now American slang for signature.

34. Only one man can be both… QUESTION 6: Who is the only Founding Father to have signed both the Declaration of Independence and the Constitution?

35. Only one man can be both… ANSWER: Benjamin Franklin

36. That man is a drunk! QUESTION 7: What founding father and US president had ran up a wine bill of more than $10,000 by the time he left his presidency?

37. That man is a drunk! ANSWER: Thomas Jefferson

38. President is a party-pooper! QUESTION 8: Which Founding Father (and subsequent President) was personally opposed to the creation of political parties, making long-term foreign alliances and fighting in foreign wars?

39. President is a party-pooper! ANSWER: George Washington

40. True or False QUESTION 9: Thomas Jefferson was an ordained minister and theologian.

41. True or False ANSWER: FALSE. Thomas Jefferson was, however, an architect, inventor, horticulturalist, palaeontologist, author and founder of the University of Pennsylvania.

42. The Man Can’t Take Criticism QUESTION 10: John Adams passed the Sedition Act in 1798, that made it illegal to criticise anyone in government except which Founding Father?

43. The Man Can’t Take Criticism ANSWER: The law, passed by John Adams' administration, made it illegal to criticize anyone in government EXCEPT Thomas Jefferson. Jefferson was Vice-President and therefore exempt.