John MarshallJohn Marshall is considered one of the most influential Supreme Court Justices in American History

The Constitution, an overview

The PreambleThe preamble is the introductory clause to our Constitution. Instead of

declaring law, the Preamble

simply states what we should strive for as a nation.

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The ArticlesThe Articles, seven in all, establish:

• the three branches of the U.S Government• the relationships among state government

and federal government • the Amendment process and ratification

• defines “the supremacy clause”

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Limited GovernmentTo avoid and

escape monarchy, the

framers included limited

government. As a flexible

document, the Constitution only

do what the people want it to,

and all people must follow the rule of law. No

one is above the law.

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Popular Sovereignty

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In Popular Sovereignty, the people

are the ultimate source of power.

Limited Government and Popular

Sovereignty work together to

ensure freedom and a flexible government.

Separation of PowersSeparation of Powers was created so no one branch

of the government could rule over the others allowing tyranny. The Madisonian Model states that

the legislative branch passes laws, the executive branch carries them out, and the judicial branch

deciphers them.

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Checks and BalancesTo keep the branches of government equal, the frames created Checks and

Balances.

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Judicial ReviewThe courts look at every law and governmental action to

decide if it violates the constitution. If it does, it is declared unconstitutional and no longer holds any power.

http://www.opencongress.org/articles/view/1230-The-Constitution-and-the-111th-Congress-

FederalismOur government it set up so that some powers are based on a national level while others are based on the state level. This compromise was founded at the Philadelphia Convention.

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Natural Rights

Natural Rights are what the framers believed that all humans were born with. Among the most famous are “Life, liberty, and the pursuit of happiness/property”

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Writ of Mandamus

The case of Marbury v. Madison is well known for many reasons, one being writ of mandamus. A writ of mandamus is a court order forcing a government official to act. The Judiciary Act of 1789 allowed such actions to be preformed.

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Ought versus ShallFollowing the format of the English Bill of Rights of 1689, the proposals used ought and ought not. Madison felt they were more guidelines than commandments. The first ten amendments do not tell the government what it should do, but what it must do.

Introducing and Ratifying an Amendment

Commerce ClauseThe commerce Clause is the section of the

Constitution that grants Congress the power to regulate trade among the states of foreign countries

Informal amending of the Constitution

To informally amend the constitution an amendment must be repealed. As twenty-first amendment did to the eighteenth.

Bill of Rights

The Bill of Rights are the first ten amendments on the U.S Constitution. Created by James Madison they ensure and protect ALL U.S

citizens.

Bill of Rights

Amendment I: Freedom of speech, press, religion, assembly, and the right to petition.

Amendment II: A regulated militia, a free state, and the right to bear arms.

Bill of Rights

Amendment III: No housing of troops during times of peace or times of war.

Amendment IV: NO search and seizure without probable cause or a warrant.

Bill of Rights Amendment V: the right to a fair trial, cannot be charged for the same crime twice, protected against self incrimination, and private property cannot be taken for public use without considerable compensation. Amendment VI: The right to a speedy and public trial with a jury. To know the full extent of accusations, to know his witnesses and the right to a counsel.

Bill of RightsAmendment VII: Civil Trial by juryAmendment VIII: No excessive bail of cruel and unusual punishment.

Bill of RightsAmendment IX: Protection of rights not detailed in the Bill of Rights.Amendment X: Power to the People! (and the States)