Download - The Constitution
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The Constitution
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The Constitution is the supreme law of the land—no local law, state law, school rule or any other law imposed by the government can go against it.
State LawLocal Law
School RuleCONSTITUTIO
N
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The Preamble tells us the purpose of the Constitution:
“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.”
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There are nine parts to the Constitution:
The Preamble—explains why it was madeArticle 1—explains the Legislative BranchArticle 2—explains the Executive BranchArticle 3—explains the Judicial BranchArticle 4—explains how states interactArticle 5—Tells how to change the ConstitutionArticle 6—Tells the supremacy of the National GovernmentArticle 7—RatificationBill of Rights—lists rights retained by the people
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This is where the Legislative Branch meets:
The Capitol Building
Congre
ss
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Article OneThe legislative branch makes the lawsThis goes to the heart of republicanism=
choosing representatives to make laws rather than relying on kings and queens
There are two parts: the House of Representatives and the Senate
The House is based on population whereas each state gets two members in the Senate (remember the Great Compromise)
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Article One continued…
Members of the House of Representatives must be at least 25 years old and they serve two-year
terms:
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You must…
• Have been a citizen for at least 7 years
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And you must…Live in the area that you are representing
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Senators must be 30 years-old, have been a citizen for nine years and they serve six-
year terms.
All the rest of the requirements are the same
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In both the House and the Senate…
• There are no term limits– The longest-serving Senator in history was Robert
Byrd, who served for over 51 years– Longest serving Representative is John Dingell who
has been representing Michigan’s 15th district for 58 years
• You don’t have to be born in the United States– Eleven current members of Congress were born
somewhere else, including Cuba, Pakistan and Japan
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The Representative for Los Alamitos looks like this:
• Alan Lowenthal• Democrat• In office since
January 2013
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The 47th District that we’re currently in looks like this:
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The districts for the state of California look like this:
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California’s two Senators are…
Barbara BoxerDemocrat
20 years in office
Dianne FeinsteinDemocrat
21 years in office
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Keep in mind:The Legislative Branch cannot make laws that go
against the Constitution. The Constitution sets the boundaries in which laws passed must stay. If Congress passes a law that goes out of those boundaries, it’s the job of the Supreme Court to rule it unconstitutional.
When laws and the Constitution come into
conflict, the Constitution reigns supreme.
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I. NOTES—LEGISLATIVE BRANCH1. Also called Congress, their job is to make laws2. Made up of the House of Representatives and
the Senate3. Every state gets two Senators but
Representatives varies by population4. You must be 25-years-old to be a
Representative and 30 to be a Senator5. Senators serve six year terms and
Representatives serve two-year terms
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How Laws are Made
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• The Legislative Branch makes laws• The Legislative Branch is also known as
Congress.• When they meet it looks like this:
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• There are two parts to Congress: The House of Representatives and the Senate
• They vote upon and debate about bills. Bills look like this:
• OK, not exactly, but you get the idea• A bill is a proposed law.
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In order for a bill to become a law, three things have to happen:
1.A majority (more than half) of the House of Representatives must vote YES on it.
2.A majority of the Senate must vote YES on it.
3.The President must agree with it and sign it into law.
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Senate gets a
majority
House gets a
majority
The President
signs it
IT’S A LAW!!!
LEGISLATIVE BRANCH
EXECUTIVE BRANCH
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WHAT IF THE PRESIDENT DOESN’T SIGN IT?
• If the President doesn’t like a bill, he VETOES it.
A VETO is a check the Executive Branch has over the Legislative Branch.
BUT WAIT, THERE’S MORE….
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• If a President could stop any law they wanted with his or her veto, it would make the President too powerful, like one of these…
So, Congress can override a veto, but it won’t be easy…
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HERE’S HOW CONGRESS CAN OVERRIDE A VETO:
Instead of needing a simple majority (more than half), if the President vetoes a bill Congress needs 2/3 of the House and 2/3 of the Senate to turn the bill into a law.
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A VETO RAISES THE BAR TO PASS A LAW
If the President agrees with both parts of Congress, a majority in Congress passes the law. If the President disagrees, it gets harder.
SIMPLE MAJORITY (MORE THAN HALF)
2/3 majority
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A veto is a check the President has over Congress. It doesn’t automatically stop a bill from becoming a law, but rather
makes it harder for Congress to pass the bill. Overriding a veto is
a check Congress has on the President. It assures that even
though the President is powerful, if the will in Congress is strong enough, they can go
against his wishes.
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NOTES ON HOW A LAW IS PASSED1. Congress=lawmakers2. Once both parts of Congress pass a
bill it goes to the President3. The President has two choices: Sign it
or Veto it4. If vetoed two-thirds of each part of
Congress is needed for it to become law5. Laws still have to be Constitutional
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Moving on…
Article Two: The
Executive Branch
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The Executive Branch
The executive Branch is headed by the President of the United States. Can you name them?
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To be President, you must…
Be at least 35-years-old
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Have been born in the United States
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Have been a resident for 14 years
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The term for a President is four years, and unlike
Congressman, Presidents have term limits, as they can only serve two terms.
Originally, this was just a tradition or precedent set by Washington, but eventually it was added to the Constitution with the 22nd Amendment.
Terms and years
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Some notable Presidents…
Youngest: Teddy Roosevelt, 42-years-old
Oldest: Ronald Reagan, 77-years-old
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Longest serving: Franklin Roosevelt,12 years
Shortest serving: William Henry Harrison,32 days
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Largest President: WilliamHoward Taft, 320 lbs
Smallest President: James Madison, about 100 lbs
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Only President to resign from office…
Nixon, 1974
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Presidents that have been assassinated
Lincoln McKinley
KennedyGarfield
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If something happens to the President, here is the order of succession:
The Vice PresidentSpeaker of the HousePresident pro tempore
of the Senate1
Secretary of StateSecretary of the
TreasurySecretary of Defense
Attorney GeneralSecretary of the InteriorSecretary of Agriculture
Secretary of CommerceSecretary of Labor
Secretary of Health and Human Services
Secretary of Housing and Urban Development
Secretary of TransportationSecretary of Energy
Secretary of EducationSecretary of Veterans
AffairsSecretary of Homeland
Security
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The job of the President is to enforce the laws. In other words, they are to make sure that the laws passed by Congress and the rulings of the courts are carried through.
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National Guard sent
by President Kennedy to enforce the Supreme
Court’s ruling.
Alabama Governor George Wallace who had
been defying it.
Example: 1963Alabama Governor George Wallace was defying the Supreme Court’s order to integrate the University of
Alabama and let African-American students enroll, so…
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The President also has a military title:
Commander-in-ChiefThe President gets the final say on decisions in times of war: who to attack, when to attack them, where to deploy troops, when to bring troops home and so forth. He relies upon his Secretary of Defense and Chiefs of Staff for advice. Congress, however, declares war and determines funding.
Chiefs of Staff
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Presidents also sign treaties and agreements with other countries. Here, President Reagan is shown in 1987
with Soviet Premier Gorbachev.
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II. NOTES ON THE EXECUTIVE BRANCH
1. The Executive Branch consists of the President and Vice-President
2. Their job is to enforce the Constitution3. President and VP get elected as a package
called a “ticket”4. Serve four-year-term and have a two-term limit.5. POTUS’ jobs include foreign policy, encouraging
a domestic agenda and being the final stage in the law-making process
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Presidents are elected to four year terms and can only be elected twice.
They are elected by a system called the…
Electoral College
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col·lege (noun)1. A higher educational establishment
2. An organized group of professional people with aims, goals, duties and privileges.
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Each state is in charge of how they award their own electoral votes. In every state besides Nebraska and Maine, the candidate that wins the state wins ALL of the electoral votes for the state. This is called “winner-take-all”
The number of electoral votes per state is determined by their number of Representatives plus the number of Senators.
Representatives+ Senators Electoral Votes
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There are actual people, called electors, that each state chooses by whatever method they want. Those electors are entrusted to fulfill or represent the will of the voters in their state. Though the presidential election happens in late November, the electors meet several weeks later to cast their ballots and submit them. They are expected to fulfill the will of the voters in their state according to their state law.
WAIT ‘TIL YOU HEAR THIS…
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For instance…• California: 53 Representatives + 2
Senators= 55 Electoral Votes• Texas: 32 Reps + 2 Senators= 34
Electoral Votes• Alaska: 1 Representative + 2 Senators=
3 Electoral Votes
So, if a presidential candidate was to win all three states, they would get all 92 electoral votes.
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Currently, there are 538 electoral votes available and 270 needed to win the Presidency. That’s just over half.
Because the President is determined by electoral votes and NOT TOTAL POPULAR VOTES, it is possible to get more total votes and still lose a Presidential election.
This has happened four times: 1824 (JQ Adams over Jackson), 1876 (Hayes over Tilden), 1888 (Harrison over Cleveland) and 2000 (Bush over Gore)
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So, let’s think like a presidential candidate—where would you campaign?
CALIFORNIA WORTH 55 ELECTORAL VOTES
POLLS SAY YOU’RE UP BY TWELVE PERCENT ON YOUR OPPONENT
OHIO WORTH 18 ELECTORAL VOTES
POLLS SAY YOU’RE UP BY ONE PERCENT ON YOUR OPPONENT
NEW YORK 29 ELECTORAL VOTES
POLLS SAY YOU’RE BEHIND BY NINE PERCENT TO YOUR OPPONENT
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Hey! Let’s watch a video on it!
Electoral College explained!
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Here is the electoral map from the 2012 Election
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Here is the electoral map from the 1952 Election
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Have you been watching closely?
LISTENING???
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NOTES ON THE ELECTORAL COLLEGE1. The Presidency is determined by the winner of
the electoral vote2. Each state has a different number of electoral
votes available, based upon their population3. All states but Nebraska and Maine are winner-
take-all states, meaning that winning by even 1% means you get all of that state’s electoral votes
4. The candidate that gets the majority (over 270) of electoral votes wins.
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The Legislative Branch and the Executive Branch
AKA Congress and
the PresidentWork together to pass laws.
Here’s how…
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Once a bill becomes a law, the only
branch that can overturn it is the…
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Article Three
Judicial
Branch
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The Judicial BranchThe job of the Judicial Branch is to interpret the
law and make sure laws and the Constitution are being properly applied.
This process is called “judicial review”
Where the Supreme Court
meets
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The Supreme Court
The highest court is the Supreme Court. The Supreme Court consists of nine judges, called “justices”
Justices are appointed by the President, but have to be confirmed (agreed upon) by the Senate
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RequirementsIf you are appointed to the Supreme Court,
there are no term limits, no residency requirements and no age limits.
THAT’S A LOT OF POWER…BUT
WHY?
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Unlike members of Congress or the President, justices aren’t supposed to represent a
group. Rather, they’re supposed to interpret the Constitution making sure that it is
followed.If Supreme Court justices were up for re-election
or re-appointment, they might try to do what was popular or would get them re-appointed,
instead of what was Constitutional.Supreme Court judges don’t have to worry that
an unpopular decision will cost them their jobs.
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A President getting to appoint a new justice is significant because whomever they appoint
will likely be a member of the Supreme Court long after the President that appointed them
is out of power.80 of the 112 justices that have served have
done so for more than eight years.Currently on the court are two appointees of
President Reagan, two of President Obama, two of President George W. Bush, one of President Bush Sr. and two of President
Clinton.
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Here is our current Supreme Court
SOTAMAYOR;
OBAMA; 4 YEARS BREYER; CLINTON;
19 YEARS ALITO; BUSH;
8 YEARSKAGAN; OBAMA;
3 YEARS
GINSBERG;
CLINTON; 20 YEARS
THOMAS; BUSH SR;
22 YEARS
SCALIA; REAGAN;
27 YEARS ROBERTS; BUSH;
8 YEARS KENNEDY;
REAGAN; 27 YEARS
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The main job of the Judicial branch is to make sure the actions of the government are
Constitutional. If they are not, the Supreme Court rules them
UNCONSTITUTIONAL
and they must stop immediately.
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The Supreme Court ruling that something is unconstitutional is extremely significant because
of its permanence—there is no higher court or person to whom the ruling can be appealed.
The only way work around a ruling of unconstitutional is to begin the extremely
difficult task of trying to amend the Constitution itself to include the idea. If it’s in the
Constitution it *can’t* be unconstitutional.
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Keep in mind the concept of checks and balances and how the three branches
interact as it comes to the Judicial Branch…
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EXECUTIVE LEGISLATIVE
JUDICIAL
APPOINTS CONFIRMS
CAN DECLARE ACTIONS
UNCONSTITUTIONAL
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NOTES ON THE JUDICIAL BRANCH1. The Judicial Branch’s job is to interpret and
apply the law2. There are nine judges—called justices—on the
supreme court3. Supreme Court justices are appointed by the
President and approved by the Senate4. There are no requirements to be a justice and
no term limits; they are there for life5. If the SCOTUS says a law does not comply with
the Constitution, it is called unconstitutional
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Amending the Constitution
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First off, what does the word “amend” mean?
•AMEND (verb): 1. to put right, 2. to change or modify for the better
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What is a Constitutional Amendment?
A Constitutional Amendment is a change or alteration made to the Constitution
usually to improve it or clarify its meaning.
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As James Madison said at the
Constitutional Convention...
“In framing a system we wish to last for ages, we must keep mind of the changes the
ages will produce.”
In other words, the people that wrote the Constitution
were aware that in order for it to stand the test of time, it had to have the ability to change
along with country’s needs and wants.
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So, an amendment to the Constitution is a change or alteration made to the Constitution for the better.
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Some things to remember…• The Bill of Rights is only the first ten
amendments that were demanded by Antifederalists before they would ratify the Constitution
• There have been 17 other Amendments ratified in American History
• Amendments are much more important and permanent than laws. Here’s why…
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Amendments are changes to the Constitution, which is the supreme law of the land. Amendments CANNOT be unconstitutional because once ratified they are a PART OF the Constitution.
Because they are a change to the Constitution—not just a law that can be
vetoed, repealed, expire or ruled Unconstitutional—is MUCH more
difficult to create a new amendment than a law.
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Think of it like this…A law is like an Etch-a-
Sketch drawing; relatively easy to make
and easily erased
An Amendment is like a tattoo; harder and more difficult to do and much
more permanent.
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So, how is an amendment
made?There are two ways, but only one has ever been
used, and it has two steps…
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Step One: 2/3 of the House of Representatives and 2/3 of the Senate approve and send it to the states…
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Step Two: 3/4 of the states approve and the amendment goes into the Constitution
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Maybe this will help…
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2/3 of the
House approves
2/3 of the
Senate approves
¾ of the states
approve
NEW AMENDMENT!
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The other way an amendment can be made is by 2/3 of the state
legislatures approving and then sending them to state or national
conventions for 3/4 approval. In other words, having a similar process but the amendment is proposed at the
state level instead of by a Congressman.
However, this has NEVER
happened
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REMEMBER, AN AMENDMENT IS A PERMANENT CHANGE TO THE CONSTITUTION. IT CAN’T BE
VETOED, NOR CAN IT BE DECLARED UNCONSTITUTIONAL. THE ONLY WAY TO CHANGE AN AMENDMENT IS TO MAKE ANOTHER AMENDMENT REVERSING IT.
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Because amendments are so hard to get passed, only 17 of them (not including
the Bill of Rights) have ever been passed. Over 11,000 have been proposed by
members of Congress, however.This means that approximately 1 out of
every 400 proposed amendments has actually been ratified and made it into
the Constitution.
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Some proposed amendments that have failed over the years
include…Balanced budget amendmentAbolishing the death penalty
Ban on AbortionEliminating natural birth requirement to be
PresidentTerms limits on Congressman
Abolishing the electoral systemThe banning of flag burning
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NOTES ON PASSING AMENDMENTS1. An amendment=a change to the Constitution2. Amendments can’t be ruled unconstitutional
because they are *in* the Constitution3. It takes 2/3 of each branch of Congress and
three-fourths of the states to pass an amendment
4. Amendments are much more permanent than laws—they don’t expire and require another amendment to overturn them.
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The Bill of Rights
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What is the purpose?The purpose of the Bill of Rights is to clarify
some of the most important rights that citizens of the United States have. These rights
are supposed to be protected from government interference.
What is it?The Bill of Rights is simply the first ten
amendments to the Constitution, ratified in 1791. Though there have been 27 Amendments
passed in American history, only the first ten make up the Bill of Rights.
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How did it come to be included?When the Constitution was being agreed upon
by the states (ratified) many Antifederalists were concerned that the Constitution didn’t clearly state the rights retained by the people, so as a condition of ratifying the Constitution, Federalists agreed to include a Bill of Rights.
The Bill of Rights was written mainly by James Madison. Some Federalists like Hamilton voiced concerns that a Bill of Rights might imply that these were the *only* rights people had.
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First AmendmentFreedom of Expression
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First Amendment“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.”
Guarantees the freedom of expression, specifically as it applies to:
Religion, Speech, Press, Petition, Assembly
When it comes to religion, the government is neither to establish any kind of official
religion nor are they supposed to prohibit the free exercise of religion.
Protected expression can be symbolic as well—the way someone dresses, a sign they may
hold in protest, etc.
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Second AmendmentRight to Bare Arms
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Second Amendment
“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.”
Guarantees the rights of the people to keep guns and arm themselves. This is a response to efforts of the British to take
weapons belonging to militia and minutemen prior to the Revolution (think
Lexington and Concord).
Though there are some legal limitations required in certain areas—i.e. waiting
periods, background checks, gun locks, etc.—the rights of the people to keep and
bear arms cannot be infringed.
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Quartering of Troops
Third Amendment
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Third Amendment
“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.”
A direct response to the Quartering Act, the Third Amendment prohibits the government from forcing
citizens to be responsible for the housing of troops in an arbitrary and unlawful way.
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Search and Seizure
Fourth Amendment
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Fourth Amendment
“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.”
This protects people and their property from being searched by
the government without a warrant. Additionally, it says that warrants should only be issues if there is
probable cause and must describe the exact place that the authorities
need to search and exactly for what it is that they are looking.
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Rights of people accused of crimesFifth Amendment
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Fifth Amendment“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.”
This states that a grand jury has to find that there is a good reason to bring charges against you, with the exception of some
circumstances in the military. It also prohibits “double jeopardy”, which is being tried a
second time for a specific crime in which a jury already reached a not-guilty verdict.
Additionally, it states that you don’t have to be a witness against yourself if you don’t want
to be (“pleading the 5th”), and lastly it specifies that all citizens deserve fair
treatment by the law and cannot lose their property unless they are paid fairly for it.
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Right to a Speedy Public Trial
Sixth Amendment
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Sixth Amendment“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.”
Guarantees the right to have a trial that is made public, takes place in
the area the crime was committed, to be told what you are being accused
of and have a right to question witnesses against you and bring witnesses in your favor. Lastly, it guarantees the rights of someone
accused of a crime to have a lawyer.
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Trial by Jury in Civil Cases
Seventh Amendment
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Seventh Amendment
“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.”
This guarantees the defendant in a civil case to have a trial in front of a jury as opposed to having a single judge make a ruling. The
$20 amount has been changed to $400 in most states for one to
request a jury.
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No Cruel or Unusual Punishment
Eighth Amendment
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Eighth Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.”
Protects someone found guilty of a crime of being punished excessively by disproportionately large bail, or cruel or bizarre
punishments.
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Rights of the Individual
Ninth Amendment
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Ninth Amendment
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
This simply means that you have lots of rights that aren’t listed in the Bill of
Rights. You have all kinds of rights—to have kids, make dinner, cut your hair,
etc.—that aren’t listed in the Bill of Rights. The Bill of Rights is the beginning
of your rights, not the end of it. These ten amendments are those that Antifederalists felt needed to be
clarified.
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Rights of the States
Tenth Amendment
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Tenth Amendment
“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.”
This relates to Federalism. It specifies that unless a power is specified in the Constitution to be for the Federal government, it belongs to the states.
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What fraction of the House and Senate are needed to propose an amendment?
What fraction of the states are needed to approve it?
How many amendments are in the Bill of Rights?Which amendment protects freedom of speech?Which amendment was in response the
Quartering ActIf you are found guilty of a crime, what does the
8th Amendment protect you against?Which amendment guarantees you the right to
remain silent and the right to an attorney?
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Limits on Government power
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Remember the idea of creating a strong but limited government? Though the Constitution greatly
expanded the power of the federal government, it also built in some clever ways to make sure that the power of the federal government
would be restrained. Here are a few…
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Federalism guarantees power is shared between the national government and the
states
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Separation of Powers guarantees no one part of the national government is too strong
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Frequent elections guarantee the people are governed by those they have recently chosen
• Representatives every two years• Senators every six years
• President every four years
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Term Limits guarantee one person will never be President for too long
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Independent Judiciary guarantees the Supreme Court can make unpopular but fair decisions
INFLUENCED BY
NO ONE
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Checks and Balances allow each branch to limit the power of one another
CHECKS CONGRESS BYVETOING BILLS
CHECKS THE SUPREME COURT BY
MAKING JUDICIAL APPOINTMENTS
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CHECKS THE PRESIDENT AND CONGRESS BY DECLARING THEIR
ACTS UNCONSTITUTIONAL
The Supreme
Court
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CHECKS THE PRESIDENT BY:• OVERRIDING VETOES• CONFIRMING
PRESIDENTIAL APPOINTMENTS (LIKE JUDGES)
• IMPEACHMENT
CHECKS THE SUPREME COURT BY CONFIRMING
PRESIDENTIAL NOMINATIONS
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IMPEACHMENT=process of trying to remove a President from officeReasons for removal are treason, bribery and other serious crimes
House of Representatives brings charges
against the President
Senate hears evidence. 2/3 majority of Senate removes the President
from office.
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The Bill of Rights lists the most important rights retained by citizens
Protects the government from interfering in
citizens rights to free speech, religion, press,
own guns, privacy, have a fair trial, avoid cruel or unusual punishment, etc.
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NOTES ON LIMITING GOVERNMENT1. Madison and the other founders set out to make
a strong but limited government.2. Though a powerful central government is
necessary, constraints on centralized power are also important
3. Concepts like federalism, separation of powers, checks and balances, frequent elections, term limits, independent judiciary and a bill of rights are designed to limit the scope of federal power