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The Constitution Basic Principles and Amendment Process
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Life Mask of George Washington "A primary object should be the education of our youth in the science of government. In a republic, what species of knowledge can be equally important? And what duty more pressing than communicating it to those who are to be the future guardians of the liberties of the country?" -George Washington
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Six Fundamental Principles of the U.S. Constitution 1.Popular Sovereignty 2.Limited Government 3.Separation of Powers 4.Checks and Balances 5.Rule of Law 6.Federalism
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Six Fundamental Principles of the U.S. Constitution 1. Popular Sovereignty –All power comes from the people 2.Limited Government –Government may do ONLY the things that people give it power to do
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Six Fundamental Principles of the U.S. Constitution 3. Separation of Powers –Government is divided into three branches-legislative, executive, and judicial 4. Checks & Balances –Each branch of gov’t can be checked (restrained) by the other branches
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Six Fundamental Principles of the U.S. Constitution 5. Rule of Law –The U.S. Constitution is supreme and all individuals are accountable under the law 6. Federalism –Division of power between a central (national) and local (state) governments
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Elements of the Constitution Preamble: Sets the purpose of the Constitution Articles: Establishes our national government Amendments: Allows for formal changes to the Constitution
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The Preamble What is the significance of the Preamble of the United States Constitution? –To form a more perfect union –To establish justice –To ensure domestic tranquility –To provide for the common defense –To promote the general welfare –To secure the blessings of liberty
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Organization of the National Government Article I: Establishes the legislative branch of the national government setting forth the two houses of Congress to make laws Article II: Establishes the executive branch to carry out the laws passed by Congress Article III: Establishes the judicial branch by creating the U.S. Supreme Court and empowering Congress to establish lower Federal Courts to interpret the laws
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Amendment Process Amendment: A formal revision to the Constitution, responding to the needs of a changing nation As spelled out in Article V, the Constitution can be amended by a vote of: two-thirds of the House of Representatives and two-thirds of the Senate followed by a ratification of three-fourths of the various state legislatures To date, there have been 27 amendments to the original Constitution
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Ratification Debates Nine of thirteen states needed to ratify Constitution Anti-Federalist Position –Suspicious of a strong central government –Wanted Bill of Rights to protect personal liberties Federalist Position –A strong central government was the best way to protect freedom The Federalist was a series of essays supporting adoption of the U.S. Constitution
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The Bill of Rights The first ten amendments to the Constitution Guarantees civil liberties: the rights of individuals and limitations on federal and state governments –Freedoms: Religion, speech, press, assembly, petition –Government Limitations: Unreasonable search and seizure, double jeopardy, self- incrimination, cruel and unusual punishment
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Selective Incorporation Beginning in the 20 th Century, the Supreme Court used the 14 th Amendment (due process of law clause) to limit state actions, just as the Bill of Rights limits the national government
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"Do you ever have one of those days when everything seems unconstitutional?"
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