The Constitution and The Bill of Rights

1. The Constitution and The Bill of Rights

2. Structure of the Constitution • An Outline of the Constitution • The Constitution sets out the basic principles upon which government in the United States was built. • The Constitution is a fairly brief document, 4 pages • The Constitution is organized into 8 sections: the Preamble and 7 articles. The original document is followed by 10 amendments.

3. Structure of the Constitution • Preamble : introduction that states why the Constitution was written • make a better government • establish justice • bring peace to the US • provide protection • provide for the well being of the people • provide liberty for now and future generations

4. Structure of the Constitution • Seven Articles: Body of the Constitution • Each article covers a general topic • Articles I, II, and III creates the three branches of the national government (I-legislative, II-executive, III-judicial

5. Structure of the Constitution • Article IV explains the relationship of the states to one another and to the national government • Article V explains the ways the Constitution can be amended or changed • Article VI contains the Supremacy Clause: laws passed by Congress and treaties of the US “shall be the Supreme law of the land • Article VII states that the Constitution would take effect after 9 states ratified it

6. Structure of the Constitution • Articles are in turn divided into sectionsthat cover specifics about their topic • Clauses cover even more specifics about the sections

7. The Amendments: The Amendments are changes • The Constitution has been amended 18 times (there are 27 amendments) • The amendment process provides a way the document can remain responsive to the needs of a changing nation.

8. The Six Basic Principles • The principle of popular sovereigntyasserts that the people are the source of any and all government power, and government can exist only with the consent of the governed. • The principle of limited governmentstates that government is restricted in what it may do, and each individual has rights that government cannot take away. • Separation of powers is the principle in which the executive, legislative, and judicial branches of government are three independent and coequal branches of government.

9. The Six Basic Principles • Checks and balances is the system that allows the legislative, executive, and judicial branches to check, or restrain, the actions of one another. • The principle of Judicial Review consists of the power of a court to determine the constitutionality of a governmental action. • Federalismis a system of government in which the powers of government are divided between a central government and several local governments

10. Formal Amendments Amending the Constitution • The Constitution provides for its own amendment—that is, for changes in its written words. • The Constitution sets out two methods for the proposal and two methods for the ratification of constitutional amendments, creating four possible methods of amendment.

11. Amending the Constitution • Thefour different ways by which amendments may be added to the Constitution are shown here: • Amendments to the Constitution • Collectively, the first ten amendments are known as the Bill of Rights.They set out many of our basic freedoms. • Informal amendmentis the process by which over time many changes have been made in the Constitution which have not involved any changes in its structure. • Presidential actionshave produced a number of important informal amendments, such as the use of the military under the power of commander in chief. An executive agreementis a pact made by the President directly with the head of another state. • Judicial Review- The nation’s courts, most importantly the United States Supreme Court, interpret and apply the Constitution in many cases they hear.

12. 1st Amendment

13. Five (5) Basic Freedoms • Freedom of Religion

14. Five (5) Basic Freedoms • Freedom of Speech Does not cover Slander- the false spoken word which damages someone’s character

15. Five (5) Basic Freedoms • Freedom of Press Does not cover Libel-the false written word that may damage someone’s character

16. Five (5) Basic Freedoms • Freedom of Petition

17. Five (5) Basic Freedoms • Peaceful Assembly

18. The 2nd Amendment

19. The right to bear arms and keep guns • Must be 21 to have a handgun with registration • Must be 18 to have rifle with registration • Can not have concealed weapon

20. The 3rd Amendment

21. Can not be made to quarter soldiers • You can not be made to house a soldier in your home during peace time without your consent

22. The 4th Amendment

23. Protects against unreasonable searches and seizures • Anyone searching your home must have a search warrant • In order to obtain a search warrant, the police must have probable cause • A search warrant must have • Where is being searched • The items they are looking for • The persons being searched • A judges’ signature

24. The 5th Amendment

25. Criminal Proceeding and property • A grand jury must say there is enough evidence before a trial is held • You cannot be tried twice for the same offense-double jeopardy • You CANNOT BE A WITNESS AGAINST YOURSELF • Eminent Domain- the gov’t can not take private land for public use unless they give you fair compensation

26. The 6th Amendment

27. Court proceeding with criminals • You are entitled to a “speedy” and public trial • You must have a trial by an impartial jury • You must know why you are being charged • You must be able to question witness against you • You have the right to an attorney

28. The 7th Amendment

29. Trial by jury • In a civil suit, you may have a jury trial if it involves more than $20.00

30. The 8th Amendment

31. No excessive punishments • No excessive bail • Bail- money paid as a condition of release No excessive fines Judicial systems cannot inflict cruel and unusual punishments

32. The 9th Amendment

33. “other rights not denied to people” • We have many other rights that the government cannot take away **the founding fathers could not think of everything

34. The 10th Amendment

35. Powers reserved to the states or people • If the Constitution does not delegate a specific right to any branch or gov’t, then the power is given to the states or the people

36. The Other Amendments of the Constitution • 11-Citizens of one state cannot sue another state • 12-Separate ballots for president and vice president • 13-Outlaw slavery • 14-Everyone born in the US is a citizen (blacks) • 15-Can not deny a person the right to vote on the basis of race (blacks) • 16-Congress can tax income • 17-Residents of states vote for their senators • 18-Prohibition (no alcohol)

37. Gmbplus4 • 19-Women can vote • 20-President takes office on Jan. 20 (Lame Duck amendment) • 21-Repeal of prohibition (ok to drink alcohol) • 22-President can serve 2 terms up to 10 years • 23-Residents of D.C. gets 3 electoral votes for president • 24-Outlaw poll tax • 25-Presidential succession (pres-v.p-speaker of the house etc.) • 26-18 y/o can vote • 27-Congressional pay raises take affect the following session of Congress