The United States Constitution Preamble Articles 1-7 The Bill of Rights

1. The United States Constitution Preamble Articles 1-7 The Bill of Rights

2. The Constitutional Convention • 1787 – delegates from 12 states met to fix the AOC • The “Framers” decided to write a new constitution

3. Virginia Plan • 3 branches of Gov’t • Executive, Bicameral Legislature & Courts • # of Representatives a State could send to the legislature was linked to it’s POPULATION • SMALL STATES OPPOSED THIS PLAN!

4. New Jersey Plan • Called for a gov’t without Strong & Separate Branches • Proposed a UNICAMERAL Legislature • Called for EQUAL Representatives from each State • STATES WITH LARGE POPULATION OPPOSED THIS PLAN

5. CONNECTICUT COMPROMISE • Combined the basic features of the Virginia & the New Jersey Plans • 2 Houses in Congress • SENATE- smaller- Each State would have equal representation • HOUES OF REPRESENTATIVES- larger- each State would be represented based on POPULATION!

6. Other Compromises… • 3/5ths Compromise • States could count 3/5th of their slaves as part of their populations • This increased the representation in the HOUSE • Commerce & Slave Trade Compromise • Forbid Congress from taxing exports from any State • Forbid Congress from acting against the Slave trade for 20 years

7. Ratification • At least 9 of the 13 States had to ratify it • 2 groups formed during Ratification Process • Federalists- FAVORED ratification • Anti-Federalists- OPPOSED ratification

8. Federalist stressed the weaknesses of the AOC Thought Constitution was strong enough to solve country’s problems Led by Hamilton & Madison Anti-Federalists attacked almost all parts of the Constitution Increased powers of the Central Gov’t Lack of a Bill of Rights Thought Constitution was TOO Strong Led by Patrick Henry & John Hancock Federalist vs. Anti-Federalist

9. Federalists won  • 11 States had ratified the Constitution in 1788 • States then held election for a President • 1st Congress met in March 1789

10. Six Fundamental Principles of the Constitution • Popular Sovereignty • Idea that PEOPLE are the source of all the power held by the Gov’t • Limited Gov’t • The gov’t possesses only the power the people give it- it must obey the Constitution • Also known as CONSTITUTIONALISM • Gov’t Officials are subject to “Rule of Law” – must always obey the law & are never above it

11. Six Fundamental Principles of the Constitution • Separation of Powers • Establishes 3 SEPARATE Branches that SHARE the government power • Legislative, Executive & Judicial • Checks & Balances • Ensures that none of the 3 Branches can be too powerful • Each Branch has ways to limit the power of the other two • Example: Presidential can VETO any act of Congress but then Congress can override the veto with a 2/3rds vote

12. Six Fundamental Principles of the Constitution • Judicial Review • Power of the courts to decide what the Constitution means • Court has power to declare a government action to be against the Constitution – UNCONSTITUTIONAL • Federalism • Divides the power between the central gov’t & States

13. The 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 defense, 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.

14. Purpose of the Preamble • States the reasons why the Constitution was written – basically the GOALS • Stability & Order • Security • Protection of Rights • Provide Services

15. The Articles • Each article covers a general topic & is broken down into sections

16. Article 1 - Establishes the Legislative Branch • Bi-Cameral Legislature – Lawmaking Body • House of Representatives • The voice of the people • Senate • Broad interest of the States • Congress has EXPRESSED Powers • Directly stated by the Constitution • Founders did NOT want Congress to abuse its power

17. Article 1 - Establishes the Legislative Branch • “Enumerated Powers” • Article 1 Section 8 • Itemized list of Congressional Powers • “Elastic Clause” • 18th “Enumerated Power” • Gives Congress the power to make all laws “Necessary & Proper” to carry out the Powers of Congress • McCulloch vs. Maryland • Established the right of the National Gov’t to apply the “Necessary & Proper” clause over State’s Rights

18. Article 2 - Created the Executive Branch • Founders recognized the need for a strong National Government & gave the President broad but vaguely described powers • Article 2 Section 2 & 3 list out some of the specific Presidential Powers

19. Why did the make Legislative Article 1? • The Framers wanted to emphasize that the branch of the people- Legislative – was more important than the Executive Branch

20. Article 3 - Set up the Judicial Branch • Shortest of the first 3 Articles • Supreme Court established by Constitution • Congress has power to establish all inferior courts • Federal & State Courts • Federal Courts have power over FEDERAL laws • Subject matter & people involved determines who has JURISDICTION

21. Article 4 • Explains the Relationship between the Nations & State levels of Government

22. Article 5 • Outlines the Amendment Process

23. Article 6 • Supremacy Clause

24. Article 7 • Ratification of the Constitution

25. The Amendments • 27 Amendments follow the 7 articles • The Bill of Rights limits the powers of the government • Its purpose is to protect the rights of individual liberty, such as freedom of speech, and rights of persons accused of crimes, such as the right to trial by jury

26. Amendment I: Freedom of Expression 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 assemble, and to petition the government for a redress of grievances.

27. Amendment II: The Right to Bear Arms • 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.

28. Amendment III: The Quartering of Troops • 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.

29. Amendment IV: Unreasonable 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.

30. Amendment V: Due Process of the Law 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 offense 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.

31. Amendment VI: Right to a Fair Trial • 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 defense.

32. Amendment VII: 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 a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

33. Amendment VIII: Cruel and Unusual Punishment • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

34. Amendment IX: Unenumerated Rights • The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

35. Amendment X: State’s Rights • 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.