chapter 3: the constitution of the united states of america

Chapter 3:The Constitution of the

United States of America

Why Does the Constitution Matter?Why Does the Constitution Matter?

The Constitution matters for these The Constitution matters for these reasons:reasons: It is the law of the landIt is the law of the land It has lasted as a stable and It has lasted as a stable and

secure government for 220 secure government for 220 years with only minor changes years with only minor changes requiredrequired

Other countries now model their Other countries now model their Constitutions off of oursConstitutions off of ours

A Brief OutlineA Brief OutlineThe Preamble – lays out the The Preamble – lays out the purpose and introduces the purpose and introduces the ConstitutionConstitution

The Articles – the substance of The Articles – the substance of governmental lawgovernmental law

The AmendmentsThe Amendments

Uncle Sam needs you to study harder!

The Seven ArticlesThe Seven ArticlesI. The Legislative BranchI. The Legislative Branch

II. The Executive BranchII. The Executive Branch

III. The Judicial BranchIII. The Judicial Branch

IV. Relations Among StatesIV. Relations Among States

V. The Amendment ProcessV. The Amendment Process

VI. National Debts, National VI. National Debts, National Supremacy, Oaths of OfficeSupremacy, Oaths of Office

VII. Requirements for RatificationVII. Requirements for Ratification

1. Popular Sovereignty – supreme 1. Popular Sovereignty – supreme power rests with and only with the power rests with and only with the peoplepeople Note – Founding Fathers did not Note – Founding Fathers did not

believe in believe in purepure popular popular sovereignty… they feared direct sovereignty… they feared direct democracy of the massesdemocracy of the masses

The Six Basic Principles of the The Six Basic Principles of the ConstitutionConstitution


2. Limited Government2. Limited Government Also called constitutionalism, and rule Also called constitutionalism, and rule

of lawof law Government is not all-powerfulGovernment is not all-powerful

Nixon PelosiReid


3. Separation of Powers3. Separation of Powers U.S. uses a presidential U.S. uses a presidential

government, where the government, where the executive and legislative executive and legislative branches are chosen separatelybranches are chosen separately

Each branch has its own Each branch has its own powers and responsibilitiespowers and responsibilities


4. Checks and 4. Checks and BalancesBalances Each branch Each branch

is not totally is not totally independent independent of the othersof the others


4. Checks and 4. Checks and BalancesBalances They have They have

powers to powers to override each override each other when other when necessarynecessary

If I had gotten a few more checks…

I’d be the President.

With that statement, a With that statement, a lonely tear will slide down lonely tear will slide down John Kerry’s face every John Kerry’s face every

night, for the rest of his life.night, for the rest of his life.


5. Judicial Review5. Judicial Review Courts may Courts may

determine whether determine whether or not what the or not what the President or President or Congress does is Congress does is ConstitutionalConstitutional


5. Judicial Review5. Judicial Review If court declares an If court declares an

act unconstitutional, act unconstitutional, the act is not a law, the act is not a law, and the decision and the decision cannot be cannot be overriddenoverridden


6. Federalism6. Federalism The national government is The national government is

given certain powers by the given certain powers by the ConstitutionConstitution

Whatever is left is a power for Whatever is left is a power for the states to usethe states to use

The Amendment The Amendment ProcessProcess

Two Kinds of AmendmentsTwo Kinds of Amendments

Formal Amendment Process – an Formal Amendment Process – an actual written, numbered actual written, numbered amendment to the Constitutionamendment to the Constitution

Informal Amendment Process – Informal Amendment Process – changes made over time without changes made over time without passing a Constitutional passing a Constitutional AmendmentAmendment

Formal AmendmentFormal Amendment

Step 1 – Must Be ProposedStep 1 – Must Be Proposed

Step 2 – Must Be RatifiedStep 2 – Must Be Ratified

2 Ways to Propose an Amendment2 Ways to Propose an Amendment

1. 2/3 vote in both houses of 1. 2/3 vote in both houses of CongressCongress All 27 Amendments were proposed All 27 Amendments were proposed

this waythis way

2. Constitutional Convention 2. Constitutional Convention requested by 2/3 of the statesrequested by 2/3 of the states Has not ever been usedHas not ever been used

2 Ways to Ratify an Amendment2 Ways to Ratify an Amendment

1. 3/4 of state legislatures 1. 3/4 of state legislatures approve itapprove it 26 of the 27 Amendments were 26 of the 27 Amendments were

ratified this wayratified this way

2. 3/4 of conventions called by the 2. 3/4 of conventions called by the states approve itstates approve it Only the 21Only the 21stst Amendment was Amendment was

ratified this wayratified this way

The First Ten The First Ten Amendments…Amendments…

““What’s wrong with giving us What’s wrong with giving us a Bill of Rights? Will it take up a Bill of Rights? Will it take up too much paper? “ Patrick too much paper? “ Patrick

HenryHenry

The Bill of RightsThe Bill of Rights

These are awesome!These are awesome!

And you get to memorize them!And you get to memorize them!

The 1The 1stst Amendment Amendment

Freedom of ReligionFreedom of Religion

Freedom of SpeechFreedom of Speech

Freedom of the PressFreedom of the Press

Right to AssemblyRight to Assembly

Right to PetitionRight to Petition

2 Parts to Freedom of Religion2 Parts to Freedom of Religion

Constitution never uses the Constitution never uses the words, “separation of church and words, “separation of church and state”state”Free Exercise Clause – allows Free Exercise Clause – allows people to freely practice religionpeople to freely practice religionEstablishment Clause – prevents Establishment Clause – prevents government from establishing or government from establishing or endorsing any particular religionendorsing any particular religion

The 2The 2ndnd Amendment Amendment

The Right to Bear ArmsThe Right to Bear Arms

Not the Right to Bare ArmsNot the Right to Bare Arms

Typical High School Boy Typical High School Boy Questions?Questions?So does this

mean I can do whatever I want

with guns?

The 3The 3rdrd Amendment Amendment

No Quartering of Soldiers in No Quartering of Soldiers in Times of PeaceTimes of Peace

The 4The 4thth Amendment Amendment

Protection Protection Against Against Unreasonable Unreasonable Search and Search and SeizureSeizure


No Double Jeopardy (Can’t be No Double Jeopardy (Can’t be charged with the same crime charged with the same crime twice)twice)

Protection against self-Protection against self-incriminationincrimination

Guarantee of Due Process of LawGuarantee of Due Process of Law

The 6The 6thth Amendment AmendmentRight to a Criminal Trial by JuryRight to a Criminal Trial by Jury Trial must be speedy, publicTrial must be speedy, public Must be in the state where the crime was committedMust be in the state where the crime was committed Right to legal counselRight to legal counsel


Right to a Civil Trial by JuryRight to a Civil Trial by Jury Any case over $20Any case over $20


Protection Protection Against Cruel Against Cruel and Unusual and Unusual PunishmentPunishment


Rights Retained by the PeopleRights Retained by the People In other words, just because a In other words, just because a

right isn’t listed here in the right isn’t listed here in the Constitution doesn’t mean that Constitution doesn’t mean that

peoplepeople don’t have that right don’t have that right


Powers Granted to the StatesPowers Granted to the States All powers that are not given to All powers that are not given to

the national government are the national government are

reserved for the statesreserved for the states

Informal AmendmentsInformal Amendments

The vast majority of changes to The vast majority of changes to the Constitution have not changed the Constitution have not changed the words in the Constitutionthe words in the Constitution

There are five ways these There are five ways these changes have been madechanges have been made

Basic LegislationBasic Legislation

Congress’ laws provide specific Congress’ laws provide specific details about the vague purposes details about the vague purposes and ideas in the Constitutionand ideas in the Constitution

Basic LegislationBasic Legislation

Congress also Congress also changes its own changes its own powers over time, powers over time, based on the words based on the words of the Constitutionof the Constitution

Executive ActionExecutive ActionPresidents are Presidents are always looking for always looking for ways to stretch ways to stretch and grow their and grow their powerspowersThus, presidents Thus, presidents today are much today are much more powerful more powerful than in the pastthan in the past

Court DecisionsCourt Decisions

Since Since Marbury v. Marbury v. MadisonMadison, the , the court has had the court has had the power to declare power to declare acts of the acts of the president and president and Congress Congress unconstitutionalunconstitutional

Court DecisionsCourt Decisions

This power is This power is called judicial called judicial review, and the review, and the court uses it to court uses it to tell us what they tell us what they interpret the interpret the Constitution to Constitution to meanmean

Party PracticesParty Practices

Political parties did Political parties did not exist at the not exist at the nation’s start, but nation’s start, but they have become they have become an almost an almost necessary elementnecessary element

Party PracticesParty Practices

The electoral The electoral college used to college used to decide together who decide together who would be the would be the president. Now, president. Now, they just “rubber they just “rubber stamp” the choice of stamp” the choice of votersvoters

CustomCustomMany customs have developed that Many customs have developed that we follow just as strongly as lawswe follow just as strongly as laws Senatorial Courtesy – when Senatorial Courtesy – when

nominating a judge, the president nominating a judge, the president always asks the permission of the always asks the permission of the two Senators from the judge’s statetwo Senators from the judge’s state

Cabinet – 15 advisors for the Cabinet – 15 advisors for the president are not in the Constitutionpresident are not in the Constitution

chapter 3: the constitution of the united states of america

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