Understanding the US Constitution: Key Terminology, Articles, and Amendments

1. Chapter 3 • THE CONSTITUTION

2. Terminology • Judicial Review – the power of a court to decide if a law is constitutional or not

3. Terminology • Popular Sovereignty – the idea that the people are the source of any and all power

4. Terminology • Limited Government – in both size and scope, the idea that government is only as large as the people decide it should be to do its job. Constitutionality – holding the definition of government to just what the constitution says it should be.

5. Terminology • Separation of Powers – the dividing of government power in order to avoid a harmful concentration of power

6. Terminology • Checks and Balances – the idea that no one of the three branches of government can become and remain more powerful than the other branches

7. 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.

8. 7 Articles of the Constitution • Article 1 – establishes the Legislative branch – bicameral legislature and sets forth details of Congress, how bills are passed into law, and powers of Congress

9. 7 Articles of the Constitution • Article 2 – establishes the Executive branch describes powers of the President, Vice President and removal (impeachment)

10. 7 Articles of the Constitution • Article 3 – establishes the Judicial branch describes Supreme Court, details thereof, and defines treason (only crime defined in the Constitution – it takes a confession or two witnesses) Charging people with treason is the, “favorite weapon of tyrants.”

11. 7 Articles of the Constitution • Article 4 – describes the creation and powers of states, “full faith and credit,”“pass through,” extradition, protection of states by national govt.

12. 7 Articles of the Constitution • Article 5 – describes the formal amendment process

13. 7 Articles of the Constitution • Article 6 – describes the supremacy of the US over the states, payment of leftover debts, and swearing in by oath of federal officers

14. 7 Articles of the Constitution • Article 7 – describes the ratification process of this constitution – nine of 13 states had to ratify in order for it to be legal, they all eventually did

15. - Articulates freedoms of religion, speech, press, assembly and petition. 1st Amendment - Called the five basic liberties although none are guaranteed in absolute terms. (see Supreme Court cases)

16. - Right to bear arms - Applied to states maintaining militias for their own protection, but this is balanced by state and federal laws regulating the possession of guns by private citizens. 2nd Amendment

17. - Quartering of soldiers - Of virtually no importance today, refers to the British practice forced upon colonists under the Quartering Act of the Intolerable Acts. 3rd Amendment

18. - Search and Seizure -The police must, in most cases, have a search warrant obtained by demonstrating probable cause to a judge. - If seized illegally, the evidence cannot be used against you in court. (exclusionary rule) 4th Amendment

19. - Criminal Proceedings and Due Process - A person cannot stand trial for a serious federal crime unless first having been indicted (charged with that crime) by a grand jury. - One cannot be tried twice for the same crime (double jeopardy) -Protection against self incrimination in court (“I plead the 5th!”) - Government may take private property for a legitimate public purpose (eminent domain) but must pay a fair price. 5th Amendment

20. - Right to trial by jury - Outlines your rights in criminal trials - Greater discussion in subsequent chapters 6th Amendment

21. - Civil Trial Definitions and Procedures - Only applies to civil trials (ones involving disputes between private parties or government - not criminal matters) in federal court 7th Amendment

22. - Freedom from Cruel and Unusual Punishment • - The punishment must fit the crime (reasonable) • No excessive bail or fines • Creates great debate over fairness of jails, prisons, and capital punishment 8th Amendment

23. - Other Rights Reserved to the People - Unenumerated rights - just because the right does not expressly appear in the Constitution, does not mean you don’t have it. 9th Amendment

24. - Powers Reserved to the States - All the powers that the Constitution does not grant to the national government, and at the same time does not forbid to the states, belong to the states. - The “Federalism Amendment” 10th Amendment

25. - Suits Against the States - a state may not be sued in federal court by a resident of another state, foreign country or even one of its own residents. (sovereign immunity) 11th Amendment

26. - Election of President and Vice President - describes the workings of the Electoral College, and how those electors vote 12th Amendment

27. - Abolition of Slavery - ratified in 1865, prohibits slavery and other forms of forced labor, except punitive forms and compulsory armed forces membership (the Draft) 13th Amendment

28. - Citizenship Rights - defines citizenship - no state shall deprive any person of life, liberty or property, without due process of law. ( laws to do so must be fair and apply to everyone the same way) - contains the “Equal Protection Clause” used to extend federal protection down to citizens at the state level. 14th Amendment

29. - Right to Vote by Race - the right to vote cannot be denied based on race 15th Amendment

30. - Creation of Income Tax -Gives Congress the power to levy an income tax on citizens 16th Amendment

31. - Popular Election of U.S. Senators - Senators are now elected by the voters in each state and not chosen by state legislatures (original Constitutional method) 17th Amendment

32. - National Prohibition - ratified in 1919, (progressive era) repealed entirely by the 21st Amendment in 1933, outlawed the making, selling, transporting, importing or exporting of alcoholic beverages in the U.S. Many families promptly got rich “running demon rum” ie the Kennedys - Led to the development of huge organized criminal elements ie Al Capone in Chicago. 18th Amendment

33. - Voting Rights for Women - ratified in 1920, No person can be denied the right to vote based upon gender. - Suffrage - the right to vote - Suffragettes - radical ladies of their time 19th Amendment

34. - Lame Duck Amendment - shortened the period of time a member of Congress who was defeated for reelection remained in office. (from December following an election to Jan. 3) - Moved the swearing in of Pres. And V.P. back to Jan. 20 instead of March 4. 20th Amendment

35. - Repeal of prohibition - ratified 1933, gave states the power to control what they were denied under the 18th Amendment 21st Amendment

36. - Two Term Limit for President (1951) • - No President may serve more than two elected terms • Ten years possible. 2 for Pres. Dying (but counts as a term if before halfway point) and two more elected 4-yr. Terms. • *note – this was ratified after FDR was elected to four terms 22nd Amendment

37. - Voting Rights for D.C. - It will have the same number of electors as the least populous state. (Wyoming - 3) 23rd Amendment

38. - Abolition of Poll Tax - 1964, abolished the requirement of paying a tax to vote in any federal election. - Extended to the state level by the 14th Amendment (equal protection clause) 24th Amendment

39. - Presidential Disability and Succession - defined when the President was disabled and steps in succession - 1. Vice President 2. Speaker of the House 3. President Pro Tempore of the Senate 4. Sec. Of State 5. Sec. Of Treasury 15. Homeland Sec. 25th Amendment

40. - 18-Year Old Voting Rights - the minimum age for voting for any election cannot be higher than 18, meaning states can set a lower age than 18. 26th Amendment

41. - Bars Congress from granting itself a pay raise in the middle of a term. - They can pass a law raising their pay, but it can’t take effect until after an election is held. 27th Amendment