1. The Constitution

2. Structure Preamble – Why the Constitution was written
Articles – Seven sections each dealing with an aspect of the government
Amendments – Changes to the Constitution, 27 to this day (none since 1971)

3. Major Principles
Popular Sovereignty – People are the source of government power and authority
Federalism – Power is divided between national and state governments
Separation of Powers – Each of the 3 branches of government has it’s own responsibilities
Checks and Balances – Each branch of government has some control over the others
Judicial Review – The courts have the power to declare laws and actions of the government unconstitutional
Limited Government – Limits the government by detailing the limits of authority, and preserving certain rights of the people

4. Theories of the Constitution
Democratic Theory
Building a great and lasting democracy
Centralize power
Protect individual rights
A legal document
Elite Class Theory
Founders were greedy, self-interested
Wanted to protect their property rights
An economic document
Hyperpluralist Theory
Designed to stop or frustrate democracy
Founders fearful of democratic “passions”
Wanted to protect against revolutionary changes
Focus on creating a separation of powers
A conservative political document

5. Compromises
The Great Compromise – Resolved the conflict between states rights (senate) and popular representation (house) by including both in a bicameral legislature
The Three-Fifths Compromise – Resolved the conflict between free and slave states by allowing slaves to be counted as three-fifths of a person to determine population, and therefore the number of seats in the House of Representatives
Indirect Vote for President – many feared direct democracy, yet could not directly call for a more aristocratic method of choosing the president, so an alternative was created to indirectly choose a president based on an Electoral College

6. The Constitution Preamble – Statement of Intent
Article 1 – Legislative (Congress)
Article 2 – Executive (President)
Article 3 – Judiciary (Supreme Court)
Article 4 – States
Article 5 – Amending the Constitution
Article 6 – Supremacy Clause
Article 7 - Ratification

7. Branches of Government
Legislative – Law Making – House of Representatives and Senate. Money, war, taxation, regulations…
Executive – Law Enforcing – Conducts domestic and foreign policy, treaties, commander in chief…
Judicial – Law Interpreting – Supreme court and lesser courts, interprets the Constitution and determines Constitutionality of laws and actions

8. Amending the Constitution
Proposal – An amendment can either be proposed by a two thirds majority of congress, or by a constitutional convention
Ratifying – To take effect, an amendment must be ratified by legislatures of three quarters of the states, or by three-fourths of a special constitutional convention of all 50 states

9. Amendments
1st Congress shall make no law… Freedom of religion, speech, press, assembly, petition for redress.
2nd States right to a militia and to bear arms
3rd Restricts quartering of troops in private residence.
4th Protects against “unreasonable” search and seizure
5th No Person shall be deprived of life, liberty, or property without due process of law. Also, protections against self incrimination, double jeopardy, and compensation for seizures of property (eminent domain)

10. 6th Speedy and public trial by an impartial jury
7th Jury trials in cases of common law (law by precedent)
8th No excessive bail, cruel or unusual punishments
9th Rights of the people not restricted to those listed in 1-8
10th Federalism – powers not granted to the national government, nor prohibited to the states, are reserved for the states and the people

11. 1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peacefully to assemble, and to petition the government for redress of grievances.

13. 2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

14. 3rd Amendment
No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

15. 4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

16. 5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

17. 6th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

18. 7th Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law