1. The Constitution of the United States of America

2. What is the US Constitution?
The supreme law of the United States.
It is the foundation and source of the legal authority underlying the existence of the United States of America and the Federal Government of the United States.
It provides the framework for the organization of the United States Government.

3. Who Wrote It?
James Madison is considered “The Father of the Constitution.”
His important contributions:
The Virginia Plan
Separation of Powers
Bill of Rights

4. Why was it written?
After the Revolutionary War, the Articles of Confederation set up the structure of the US Government.
The federal government was extremely weak and this created many problems such as:
No separation of powers – only unicameral legislature.
Weak central government – states had most power.
Congress did not have the power to tax – this means they could not get their finances in order.

5. What were the important outcomes of the Constitutional Convention
Virginia Plan:
Separation of powers
Bicameral legislature based on population
Federal government had increased powers
New Jersey Plan:
Unicameral legislature where every state received equal representation.
Great Compromise:
Hybrid of VA and NJ Plans:
Bicameral legislature:
House of Reps based on population
Senate based upon equal representation
Three-Fifth’s Clause:
Slaves count as 3/5’s of a person for representation purposes & taxes.

6. Federalists v. Anti-Federalists Debate
Supported the Constitution and a strong central government
Alexander Hamilton, James Madison, John Jay
Federalist Papers – series of articles written in defense of the Constitution
Anti-Federalists:
Supported a weaker central government – felt too much power was taken away from the states
Opposed the Constitution
Wanted a Bill of Rights included
Samuel Adams, Patrick Henry

7. Ratification Needed 9 out of 13 states to Ratify
Officially adopted after ratified by New Hampshire.
Once the new government convened, they added a Bill of Rights to the Constitution.

8. Why Does the Constitution Matter?
Constitution – body of fundamental laws which say how a government is to operate
It is the supreme law of the land
It explains how the government works
It protects your civil rights

9. Structure of the Constitution
Preamble:
Statement of purpose
Articles:
I: Legislative Branch
II: Executive Branch
III: Judicial Branch
IV: Relations Among the States
V: Amendment Process
VI: Federal Power
VII: Ratification
Amendments:
27 Total
1st ten are the Bill of Rights
Uncle Sam wants YOU to study!

10. The Seven Articles I. The Legislative Branch II. The Executive Branch
III. The Judicial Branch
IV. Relations Among States
V. The Amendment Process
VI. National Debts, National Supremacy, Oaths of Office
VII. Requirements for Ratification

11. The Six Basic Principles of the Constitution
1. Popular Sovereignty – supreme power rests with and only with the people
Some parts of the Constitution mitigate popular sovereignty
Electoral College chooses the president, not popular vote
State Legislatures chose the Senate, not popular vote
Later changed to direct popular election by 17th Amendment

12. The Six Basic Principles of the Constitution
2. Limited Government
Also called constitutionalism, and rule of law
Government is not all-powerful
Powers government has and doesn’t have are listed

13. The Six Basic Principles of the Constitution
3. Separation of Powers
U.S. uses a presidential government, where the executive and legislative branches are chosen separately
Each branch has its own powers and responsibilities

14. The Six Basic Principles of the Constitution
4. Checks and Balances
Each branch is not totally independent of the others.
They have powers to override each other when necessary

15. The Six Basic Principles of the Constitution
5. Judicial Review
Courts may determine whether or not what the President or Congress does is Constitutional
If court declares an act unconstitutional, the act is not a law, and the decision cannot be overridden

16. The Six Basic Principles of the Constitution
6. Federalism
The national government is given certain powers by the Constitution
Whatever is left is a power for the states to use

17. THE PREAMBLE
Preamble=introduction (states why the Constitution was written).
Purpose of government is to provide stability and order, protect citizen’s liberties, and serve the people.
Preamble is followed by 7 articles (divisions) that lay out the foundations of our government.

18. ARTICLE I Section 1- Established the legislative branch.
Section 2 and 3- Detailed the two houses of Congress (HOR and Senate)
Remaining sections set procedures for passing laws, list types of laws Congress may pass, and specify powers Congress does not have.
ARTICLE I

19. Creates the Executive branch, to carry out laws passed by legislate.
Each section details the powers and duties of the presidency, describes qualifications and procedures for electing the President, and provides for a Vice President.
ARTICLE II

20. ARTICLE III Establishes the Supreme Court to head the Judicial branch.
Gives national government the power to create lower federal courts.
Outlines jurisdiction (authority) of the Supreme Court.
ARTICLE III

21. Explains the relationship between states to one another and to the national government.
Requires states give citizens of other states same rights as those within their state.
Addresses admitting new states.
Guarantees that the national government will protect the states against invasion or domestic violence.
ARTICLE IV

22. Key Parts of Article IV Section 1 – Full Faith and Credit Clause
States must grant each other “full faith and credit” on “public acts, records, and judicial proceedings”
Means legal decisions of states must be respected and held to by other states
Section 2 – Privileges and Immunities Clause
States must grant residents of other states all “privileges and immunities” they give to their own residents

23. Article V This is a reflection of federalism.
Explains ways the Constitution can be amended.

24. ARTICLE VI Establishes the Supremacy Clause.
Laws passed by Congress and treaties of the United States “Shall be the Supreme Law of the Land.”
ARTICLE VI

25. Explains ratification and says the Constitution takes effect after ratification by nine states.
ARTICLE VII

26. Important Amendments: Bill of Rights
Freedom of religion, of speech, of the press, to assemble, and to petition
Right to bear arms
No quartering of soldiers
No unreasonable search and seizure
Indictments; Due process; Self- incrimination; Double jeopardy, and rules for Eminent Domain.
Right to a fair and speedy public trial, Notice of accusations, Confronting one's accuser, Subpoenas, Right to counsel
Right to trial by jury in civil cases
No excessive bail & fines or cruel & unusual punishment
There are other rights not written in the Constitution
All rights not given to Federal Government belong to states and people.