1. John Marshall John Marshall is considered one of the most influential Supreme Court Justices in American History

2. The Constitution, an overview

3. The Preamble ► The Preamble is the Introductory Statement to the Constitution. ► It states the overall purpose of our Government.

4. The Articles ► There are Seven Articles in the Constitution ► First Three – Explain the Three Branches of Government ► Article Four – Explains Relations Among the States ► Article Five – The process of Amending the Constitution. ► Article Six – The Constitution, Laws, and Treaties are ‘The Supreme Law of the Land’ ► Article Seven – Simply states that the Constitution was to go into effect after it was ratified by nine States.

5. Limited Government ► The Framers of the Constitution were worried that a Monarchy may one day again erupt so they included a concept called Limited Government into the Constitution. ► While the Articles state what the Constitution can do, the Amendments go into detail about the rights that Government cannot take away. ► It also explains that nobody (not even the President) can break the law and get away with it.

6. Popular Sovereignity ► Popular Sovereignty ultimately means that the People of the United States are in charge of the power that the Government holds. ► Very similar to the concept of Limited Government.

7. Separation of Powers ► The framers wanted a Government that would stand against the rise of one single holder of power. ► They separated the different powers that the Government had into three branches – Legislative, Executive, and Judicial. ► The powers and limits of each of these branches are explained in the first three Articles. ► Legislative – Senate/House ► Executive – President ► Judicial – Supreme Court

8. Checks and Balances ► To prevent any of the three other branches of Government from taking control, a system of Checks and Balances was installed. ► To make decisions and law, and to prevent any one branch from becoming stronger than the other two, there are limits and privileges that each branch has that the others don’t. ► The President has Veto Power over Congress, which lets him refuse to sign a bill if he doesn’t agree with it. ► On the other hand, the President can appoint Supreme Court Justices, but Congress has to approve them. ► Checks and Balances allows each branch to do their work individually, but also makes them cooperate to get certain things done.

9. Judicial Review ► Judicial Review is the power that the Supreme Court holds to declare a law or action by the government ‘Unconstitutional’. ► This can be done if an action or law passed violates the Constitution. ► Judicial Review was first introduced in 1803 by John Marshall in the case of Marbury Vs Madison. ► During this case, the Supreme Court decided that a law passed by Congress was considered conflicting with the Constitution. ► After this case, the Supreme Court was put into the system of Checks and Balances with the ability to moderate the actions of the other two branches should they conflict with the Constitution.

10. Federalism ► Our Government is based upon the Concept of Federalism. ► What this means is that the central Government holds some power while other powers are given to the states. ► It was decided to be this way because there were two groups at the Philadelphia Convention, those who wanted the Government to hold the power, and those who wanted the states to be in control. This was a compromise between the two groups.

11. Natural Rights ► Natural Rights basically state that we are born with (or given upon entry) basic rights that the Government has no authority to take from us. ► The Bill of Rights, or the first ten amendments to the Constitution, list these rights. ► Some of these include Freedom of Speech, Religion, Press, etc. The Right to Bear Arms, etc.

12. Marbury v. Madison ► When John Adams lost his re-election to Thomas Jefferson, he quickly tried to appoint Federalists to multiple government positions. ► Those appointed had to receive documents called Commisions to certify their position. ► These commissions were to be delivered by John Marshall who was the Secretary of State. ► He managed to deliver most of them but was unable to deliver a few because Jefferson had taken office. ► William Marbury and three other Federalists who had not received their commissions had decided to sue. ► The case was brought to the Supreme Court where John Marshall had become the Chief Justice. ► Unsure what to do, John Marshall stated that the court didn’t have the authority to hear the case and that the Courts didn’t have the power to write Writs of Mandamus’, which made the case unconstitutional. ► This decision secured the Courts’ power within the Government and showed that they now had the power of Judicial Review.

13. Writ of Mandamus ► A Writ of Mandamus is essentially the Courts forcing a Government official to take action. ► This power held by the Courts was given to them in the Judiciary Act of 1789. ► The Writ of Mandamus was declared Unconstitutional by John Marshall in the case of Marbury Vs Madison, stating that it is not mentioned anywhere in the Constitution and that Congress is also unable to give the Supreme Court powers.

14. Ought versus Shall ► In modern language, Ought Vs Shall literally means Should Vs Must. ► Ought was a common word when the Constitution was written, and when the Constitution was being discussed, ought wasn’t exactly the word that was needed. ► Therefore, Madison went through and changed all the oughts to shalls, to make it more of a command rather than a statement.

15. Introducing an Amendment ► There are two methods of introducing an Amendment. ► The first way is to introduce it through a two-thirds vote in the Senate and House of Representatives. ► Every single one of our current amendments has been introduced through this method. ► The second method requires two-thirds of the State Legislature to request that Congress call a National Convention where amendments may be proposed for ratification.

16. Ratifying Amendments ► Much like introducing an amendment, there are two ways to Ratify one. ► One method is three-fourths of the State Legislature voting for it to be ratified. This is the ‘traditional’ method and has been used for 26 of our amendments. ► The second method of ratifying an amendment was used one time, in 1933, in ratifying the 21 st amendment. ► This repealed, or made void, the 18 th amendment which prohibited manufacturing, selling, or transporting ‘intoxicating liquors’.

17. Commerce Clause ► The Commerce Clause states that Congress has the power to regulate foreign and interstate commerce. (business dealings that cross national and state boundaries) ► The laws that have been passed through this can be considered informal amendments to the Constitution.

18. Informal amending of the Constitution ► It has been said that the Constitution can be seen as a living, breathing document because it’s interpretation can be very flexible. The reason being, is that although we only have 27 formal amendments to the Constitution, there are many informal ways to interpret and change it. ► Some of the ways it can be informally amended are: Congressional Legislation, Presidential Actions, Judicial Review and Interpretation, Political Parties, and Custom and Usage. ► It is not stated in the Constitution that the President has the power to propose bills yet he does. ► The Supreme Court can also interpret the Constitution differently, depending on the situation.

19. Bill of Rights ► 1 st Amendment – Freedom of Speech, Religion, Assembly, and Politics. 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 peaceably to assembly, and to petition the Government for a redress of grievances. ► 2 nd Amendment – Militia and the Right to Bear Arms. A well regulated Militia, being necessary to the security of a free Sate, the right of the people to keep and bear Arms, shall not be infringed. ► 3 rd Amendment – The Quartering of Soldiers 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. ► 4 th Amendment – Searches and Seizures 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.

20. Bill of Rights ► 5 th Amendment – Grand Juries, Self-incrimination, Double Jeopardy, Due Process, and Eminent Domain No personal 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. ► 6 th Amendment – Criminal Court Procedures 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 o 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.

21. Bill of Rights ► 7 th Amendment – Trial by Jury in Civil Cases 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 jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. ► 8 th Amendment – Bail, Cruel and Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ► 9 th Amendment – The rights Retained by the People The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ► 10 th Amendment – Reserved Power of the States The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.