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“The Supreme Law of the Land”

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1 “The Supreme Law of the Land”
The Constitution “The Supreme Law of the Land”

2 An Outline of the Document
Preamble Seven Articles 27 Amendments Bill of Rights are first ten Amendments Next 17 are printed in the order they were adopted 7,000 words total in the document Deals with matters of principle, not details

3 Preamble 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.

4 Articles Article I – Legislative Branch Article II – Executive Branch
Article III – Judicial Branch Article IV – Relations Among States Article V – Amending the Constitution Article VI – Supremacy of National Law Article VII – Ratifying the Constitution

5 Six Basic Principles Popular Sovereignty Limited Government
Separation of Powers Checks and Balances Judicial Review Federalism

6 Popular Sovereignty All political power resides with the people
People are the only source of power People give government their power

7 Limited Government The government can only do what the people say it can do. Constitutionalism – the government must be conducted according to the Constitution Rule of Law- The government is never above the law This principle actually prohibits certain governmental powers.

8 Separation of Powers Legislative – Law makers
Executive – Law enforcers Judicial - Law interpreters Power is distributed among 3 branches

9 “The accumulation of all power, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many…may justly be promoted the very definition of tyranny” James Madison

10 Checks and Balances Each branch of government has the power to check the operation of the other two.

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12 Judicial Review It is the power of a court to determine the constitutionality of a governmental action 150 Congressional Acts have been declared unconstitutional Also struck down 1100 state laws and several executive orders

13 Federalism The division of power among a central government and several regional governments A need for a stronger central government while preserving local self-government. This was a compromise between the loosely tied states under the Articles and the fear of too strong of a central gov’t.

14 First Ten Amendments The Bill of Rights
Freedom of speech, religion, press & assembly Right to Bear Arms No Quartering of Troops Searches Seizures Due process, double jeopardy, eminent domain

15 Bill of Rights – Continued
Rights of the Accused: speedy, public trial, ex post facto, right to an attorney Trial by Jury No cruel or unusual punishment or excessive bail/fines Rights of People States’ Powers

16 Amendments 11-15 State cannot be sued by a citizen of another state, its own state or a foreign country Electoral College Abolishes Slavery Rights of Citizens Right to vote cannot be denied based on race, color, or previous servitude

17 Amendments 16-22 Income Tax Popular Election of Senators
Prohibition of Liquor Women’s Suffrage Terms of President Repeals 18th Amendment Two Term Limit of President ( 10 years )

18 Amendments 23-27 23. Presidential Electors for District of Columbia
Right to vote in federal elections without a tax payment Presidential Succession Right to Vote – 18 Congressional Pay – reps cannot vote on their own pay increase

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20 If you don’t like the chart…
Propose by 2/3 vote in both Houses of Congress – Ratify by ¾ of state legislatures Propose by 2/3 vote in both Houses of Congress – Ratify by convention held in ¾ of states Propose at a national convention called by Congress when requested by 2/3 of state legislatures – Ratify by ¾ of state legislatures Propose at a national convention called by Congress when requested by 2/3 of state legislatures – ratify by convention held in ¾ of states

21 Proposed But Not Ratified
15,000 proposed but only 33 ever sent to states for ratification Only 27 of 33 were ratified. Unratified: ERA, seats in Congress to DC, forever prohibit any amendment pertaining to slavery, regulation of child labor by Congress, voiding citizenship to anyone accepting a foreign title, distribution of seats in House of Representatives

22 Facts All 27 amendments have been proposed by 2/3 of Congress – never by a National Convention 26 Amendments were ratified by ¾ State Legislatures Only 21st Amendment was ratified by ¾ of States conventions The President has no formal role to play in the amendment process. The Constitution cannot be amended to deprive a state of its territory or to deprive any state of its equal representation in the Senate.


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