THE U. S. CONSTITUTION

Lesson 6

Constitutional Facts

• It has 4,447 words• The founders created

the Constitution over 200 years ago

• Oldest and Shortest written constitution of any major government in the world

• Constitution Day is celebrated on September 17, the day the Framers signed the document in 1787

• James Madison is The Father of the Constitution

o The first to arrive to the convention

o The only delegate who attended all meetings

• The document has three parts - the preamble, the articles and the amendment

Six Major Principles of the Constitution

• Popular Sovereignty - rule by the people

• Federalism - power is divided between national and state gov’ts.

• Separation of Powers - each branch of the gov’t has its own responsibilities. Limits the central gov’t

• Limited Gov’t - limits the powers of gov’t by specifically listing what it can and cannot do

• Checks and Balances - separation of powers where each branch exercises some control over the other- similar to vetoing

• Judicial Review - the power of courts to declare the actions of gov’t unconstitutional

• Preamble- the introduction• Articles- the seven

divisions of the US constitution

• Article I- establishes the legislative branch

• Article II- establishes the executive branch

• Article III- establishes the judicial branch aka the Supreme Court

• Article IV- explains the relationship of states to

one another• Article V spells out the

way the constitution can be

• Article VI- contains the supremacy clause- all laws passed by congress are the supreme law of the land

• Article VII- addresses ratification

• Amendments

Structure of the Constitution

Amendments• The third part of the

Constitution consists of the amendments, or changes.

• The Constitution has been amended 27 times since it was first written.

• The first 10 amendments are known as the

Bill of Rights• Allows the document to

stay responsive to the needs of a changing nation

The Three Branches of Government

• Article I• Gave the congress

Expressed Powers- powers directly stated in the Constitution, also known at the enumerated powers in Article I, section 8. They are 1-18.

• Additional powers are made possible by the elastic clause which gives congress the right to make all laws necessary and proper.

The Executive

Branch

• The Office of the President, as explained in Article II.

• Grants the President broad but vaguely described powers

• Commander in chief of the military

• Appoints heads of departments• May pardon people of federal

crimes• Appoints federal court judges• Delivers an Annual State of the

Union Address• Executive Agreement - Does

not need congress approval to make one with another nation

The Judicial Branch

• The Supreme Court and the Circuit Courts

• Jurisdiction of the Courts - federal courts hear cases that involve U.S. law or the Constitution

• Cases involving:• Maritime Law• Bankruptcy cases• Rulings cannot be

overturned except by a constitutional amendment

Amending the Constitution

• Amendments must be proposed and ratified (approved) in two ways:• 2/3 vote of each house of Congress• National convention called by request of 2/3 of

the states in the union- through petition or appeal (has never been used to date)

• To ratify an amendment - ¾ of states approve it- and states have 7 years to do so

• What happens if a state calls for a petition and then doesn’t ratify an amendment? Equal Rights Amendment - ERA. Has not ever been resolved

THE BILL OF RIGHTS

• Was created to protect the rights of individual liberties and the rights of persons accused of crimes

• Is applied to all States of the U.S. of America

THE BILL OF RIGHTSFirst Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, freedom of the press, freedom of religion, freedom of assembly and right to petition

• 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.

Second Amendment – Right to keep and bear arms• 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.

• Third Amendment – Protection from quartering or lodging of troops• 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.

• Fourth Amendment – Protection from unreasonable search and seizure• 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.

THE BILL OF RIGHTS (cont.)

Fifth Amendment – Right of due process, protection against double jeopardy, self incrimination and eminent domain

No person shall be held to answer for any 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 offence 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.

THE BILL OF RIGHTS (cont.)

• Sixth Amendment  - Right to trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel• 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 where in 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.

• Seventh Amendment - Civil trial by jury• 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 re-examined in any court of the United States, than according to the rules of the common law.

THE BILL OF RIGHTS (cont.)

• Eighth Amendment – Prohibition of excessive bail and protection from cruel and unusual punishment• Excessive bail shall not be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted.

•Ninth Amendment – Protection of rights not specifically named in the Bill of Rights• The enumeration in the Constitution, of certain rights,

shall not be construed to deny or disparage others retained by the people.

•Tenth Amendment – Powers of states and people• 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.

THE BILL OF RIGHTS (cont.)

• Eleventh Amendment - Citizens cannot sue states

• Twelfth Amendment - Details the election process for the president and vice president

• Thirteenth Amendment - Abolishes slavery and involuntary servitude

• Fourteenth Amendment - Guarantees rights and privileges of citizenship to all men as equal under the law

• Fifteenth Amendment - Right of all citizens to vote (all men)

• Sixteenth Amendment - Gives Congress the right to collect income taxes

THE BILL OF RIGHTS (cont.)

• Seventeenth Amendment - Details the election process of a popular election of Senators

• Eighteenth Amendment - Prohibition of alcohol

• Nineteenth Amendment - Guarantees women's right to vote

• Twentieth Amendment - Establishes January 20th as the beginning of terms for the president and congress

• Twenty-First Amendment - Repeals the 18th Amendment

• Twenty-Second Amendment - Limits the president to serve two terms

THE BILL OF RIGHTS (cont.)

• Twenty-Third Amendment - Gives Washington D.C. electoral votes for the election of the president

• Twenty-Fourth Amendment - Abolishes voting taxes

• Twenty-Fifth Amendment - Establishes rules to fill a vacancy of the presidential position due to death, disability or inability

• Tweny-sixth Amendment - Establishes the legal voting age as 18

• Twenty-SeventhAmendment - Limitations on congressional pay

THE BILL OF RIGHTS (cont.)