1. 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 defence, 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.

2. What it means

3. Bill of Rights
1791- Ratified

4. Why added?
Added at the request of the anti-federalist who feared a strong central government would limit the rights and freedoms of the people.
Anti-Federalist led by
Patrick Henry
Samuel Adams
Thomas Jefferson- but he was in France

5. Important to Note-
Our rights stop when they infringe on other’s rights.

6. First- Freedom of Speech
Tinker v. Des Moines School District
Can speak out against gov and those of different beliefs

7. Freedom of Press

8. Freedom of Petition against gov.

9. Religion
Can’t discriminate or prohibit a religion

10. Assembly
Gather in protest

11. 2nd- Right to form a militia and bear arms
Another Example

12. 3rd-No quartering troops
Don’t have to house in time of war or peace w/o owner consent

13. 4- No unreasonable search or seizure of property or person
New Jersey v. T.L.O. (1984)
Safford Unified School District v. Redding 09
Need Probable cause or reasonable suspicion
Warrant

15. 5- Due Process No double jeopardy Protected against self incrimination
If acquitted can’t be tried for the same crime twice.
How could O.J. be charged twice for death of his wife?
Protected against self incrimination
I plead the 5th
Eminent domain- Gov can only take land if it benefits society
Ex. Interstate highway/shopping malls

17. 6 Right to a speedy trial with an unbiased jury
Must be informed of charges against them
Right to CX
Right to an attorney

18. 7 Right to a civil trial if damages are more than $20. (Now more)
NOT criminal
May wave trial for a bench trial- (just a judge)

19. 8-Punishment for Crimes
No excessive bail
No cruel and unusual punishment

20. 9- Unenumerated Rights
Unenumerated Rights- if they are not listed doesn’t mean we don’t have them.
Right to Privacy
Griswold v Connecticut and now-

21. 10- Power reserved to the states
Any power that is not given specifically to the federal government is given to the states, unless it is specifically denied to the states.

22. The Constitution can be informally Amended By:
Basic legislation
Presidential Action
Supreme Court Decisions
Activities of Political Parties
Custom

23. Basic Legislation Created lower courts through legislation
Government agencies created
Succession after VP
Regulation of trade
What do we “regulate”

24. Executive Action Made war without a declaration
Vietnam
Somalia
100’s of others
Executive Agreement- a pact made directly between president and head of foreign country
Treaty- Formal agreement between two or more sovereign nations
Ratified by the Senate

25. Court Decisions
Interprets what the Constitution means and sets precedence with their decision
John Marshal- Supreme Court Justice set precedents in establishing Judicial Review in case of Marbury vs. Madison

26. Party Policy Developed parties- have shaped America
Nothing in Constitution about them
Altered the electoral college
Political Primaries & Rubber Stamp
Electoral College- the group that makes the formal selection of the president
Government conduct much business based on parties

27. Custom Having a Cabinet Prayer before Congress starts
15 member
An advisory body to president
Prayer before Congress starts
Until 25th VP just got the duties and responsibilities and not the office if president died
2 terms then out until Roosevelt
Senatorial Courtesy- senate will approve only presidential appointees that the Senators from that state approves or is from the Presidents party.
Ex. In SD a Federal Judge would be a Democrat b/c Obama is in and we are split.