Chapter 3 U.S. Constitution THE US CONSTITUTION I. Six Basic Principles

Chapter 3
THE US CONSTITUTION
Unit overview
II. 
V.
"   Original – divided into 7 articles
"   1-3 = specific with the 3 branches of govt.
"   4 = deals with states in the Union
"   5 = how to amend the Const.
"   6 = declares Const. as supreme law of land
"   7 = ratification of the Const.
"   Followed by 27 Amendments in order
"   1788-2012 really only 17 additions!!!
Popular Sovereignty
Basic Principles
Preamble
III.  Articles
IV.  Amendments
Amending the Constitution
I. 
U.S. Constitution
I. Six Basic Principles
A. Popular Sovereignty
B. Limited Government
C. Separation of Powers
D. Checks & Balances
E. Judicial Review
F. Federalism
Limited Government
"   People are the source of all government
"   Government is restricted in what it can do.
power.
"   Government can only exist with the consent
of the governed.
"   Individuals have rights the government
cannot take away.
"   Rule of law…
"   Examples?
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Separation of Powers
"   Executive, legislative, and judicial powers
are divided among three separate and
coequal branches.
Judicial Review
Checks and Balances
"   System of overlapping powers of the
legislative, executive, and judicial branches
to permit each branch to check the actions
of the others.
Federalism
"   The power of the court to determine the
"   Division of power between a central
constitutionality of a government action.
"   Interpret the Constitution.
(national) and local governments.
"   Balances sovereign states within a strong
"   Marbury v. Madison
Find Them!
national government.
Due Process of Law
"   1) Popular Sovereignty
"   Government must act fairly and in accord
"   2) Limited Government
with established rules in all that it does.
"   3) Separation of Powers
"   4) Checks and Balances
"   5) Judicial Review
"   6) Federalism
"   Protects individuals from arbitrary denial of
life, liberty, or property.
"   Habeas corpus
"   Bill of attainder
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Habeas Corpus
"   Latin – “may you have the body”
Bill of Attainder
"   Legislative act that inflicts a punishment
without a court trial.
"   Accused persons have the right to a trial.
"   AI Sec. 9 – No Bill of Attainder
" Guantànamo Bay – Does habeas corpus
apply to suspected terrorists/
Ex Post Facto
"   Latin – “After the fact.”
"   A law applied to an act committed before its
Civil Rights
"   Term used to describe positive acts of
government that seek to make constitutional
guarantees a reality for all people.
passage.
"   Civil rights movement of 1960s.
"   Constitution forbids ex post facto laws.
"   Marriage issue today?
Checks and Balances
Congress
"   Toward the Executive
"   Impeach
"   Override veto
"   Not pass Presidents budget
"   Power of the purse strings
"   Block nominations
"   Block treaties
"   Create executive agencies
and programs
"   Toward the Judiciary
"   Enlarge the court and
create lower courts
"   Impeach
"   Block nominations
"   Sets salaries
"   May propose constitutional
amendments
Executive
"   Toward Congress
"   Veto laws
"   Can call special
congressional sessions
"   Withhold appropriated
money
"   Recommend legislation
"   Slowly enforce the laws
passed by Congress
"   Toward Judiciary
"   Nominate Judges
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Judiciary
"   Toward the Executive
"   Judicial Review of acts
and executive actions
"   Toward the Congress
"   Judicial Review of
laws passed by
Congress
"   Chief Justice presides
over impeachment
trials
Not spend money
Key Clauses of the Constitution
"   Necessary and Proper Clause
"   Also known as the Elastic Clause – expands the
powers of Congress.
"   Congress has the power to make all laws
“necessary and proper” for doing their job.
"   Full Faith and Credit Clause
"   States within the U.S. have a duty to respect the
“public acts, records and judicial proceedings
of every other state.
Formal Amendments
"   Supremacy Clause
"   The U.S. Constitution is the supreme law of
the land.
"   Federal laws and U.S. treaties are similarly
supreme and must be followed by each of the
states.
Formal Amendments
First Method
Third Method
"P
  roposed by 2 / 3 of each house of
Congress
"  Ratified by 3 / 4 of State Legislatures"  Most often method used 26/27
"P
  roposed by National Convention"  Ratified by ¾ of State legislatures
"  Never used
Second Method
"P
  roposed by Congress
"  Ratified by ¾ of State Conventions
"  Method used once (21st Amendment)
Fourth Method
"P
  roposed by National Convention
"  Ratified by ¾ of State Conventions
"  Never used
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Formal Amendments
"   No executive branch: not legislating…
"   How is this process upholding both
federalism and popular sovereignty?
"   More than 10,000 joint resolutions calling
for amendments to the Const. have been
proposed. Only 33 have been sent to States
"   Congress has the power to place a
“reasonable time limit” on process
"   Possible future amendments?
Informal amending
process by which over
time many changes have
been made in the
Constitution which have
not involved any
changes in its written
word. 99% of change
occurs this way!!!
Examples
"  Basic Legislation-spells out provisions
"  Ex: power to regulate commerce…
"  Executive Action
"  Party Practices- Convention; electoral
college
"  Customs- no 3rd term Pres.
"  Judicial Decisions – Interpretation.
THE BILL OF RIGHTS
"   The first 10 Amendments to the
Constitution
"   Ratified December 1791
"   PROPOSED BY CONGRESS, AND
RATIFIED BY THE LEGISLATURES
OF THE SEVERAL STATES
"   PURSUANT TO THE 5th ARTICLE OF
THE ORIGINAL CONSTITUTION.
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THE AMENDMENTS
" Bill of Rights (4 parts) 1789
"   A. Guarantees of Liberty
1st Amendment- Speech, Press, Religion, Petition,
& Assembly
B. Military Protection Rights
"   2nd Amendment
"   Right to bear Arms & state militia"   3rd Amendment
Prohibits troops in private homes-
C. Protections against arbitrary
Police & Court Action
" 
4th
Amendment- Search & Seizure
"   5TH Amendment
– 
– 
– 
– 
A. Right to remain silent,B. Bans double jeopardy- can’t be tried for same charge twice
C. Grand Jury- must be tried
D. Due Process- protects a citizen from imprisonment w/o a trial and
protection of life, liberty and property
–  E. Protection of property from seizure w/o compensation
"   7th Amendment
"   Civil Jury Trials"   8th Amendment
Protection against cruel & unusual punishment
"   6th Amendment–  A. Right to Counsel–  B. Right to Speedy Trial–  C. Right to Cross examine witness-
D. Protection of State Rights
and extended Rights
"   9th Amendment
"   Rights not listed not necessarily denied"   10th Amendment
"   All other powers are reserved to the states and
the people
E. Extension of Bill of Rights
"   11th Amendment
"   1789, Prohibits states from being sued in
federal court by other states or nations"   12th Amendment
1804, Provides that electoral college use
separate ballots in voting for president & Vice
President-
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F. Reconstruction Amendments
"   13TH Amendment
"   1865, Abolished Slavery"   14th Amendment
1868, Prohibits states from depriving any
person life, liberty or property with out due
process"   15th Amendment
1870, Prohibits denying of vote based on race,
color or creed-
"   18th Amendment
"   1919, Outlawed Alcohol"   19th Amendment
"   1920, Women’s vote"   20th Amendment
"   1933, Reduced Lame duck period"   President takes office Jan. 20th and Congress Jan. 3rd
"   21st Amendment
"   1933, Repealed the 18th
"   25th Amendment
"   1965, Presidential Succession & Vice
Presidential vacancy"   26th Amendment
"   1971, 18 year olds gain right to vote"   27th Amendment
"   1992, Congressional pay restraint-
G. 20th CENTURY AMENDMENTS
"   16TH Amendment
"   1913, Gave Congress the power to tax personal
income directly from source"   17th Amendments
1913, People instead of state legislature elect
federal senators
"   22 Amendment
"   1951, Limited President to 2 terms and no more
than 10 years
"   23 Amendment
"   1961, Provided D.C. with 3 electoral votes"   24 Amendment
"   1962, Outlawed poll tax-
AMENDMENT I
"   Congress shall make no law
"   respecting an establishment of religion
"   prohibiting the free exercise of the
"
"
"
"
 freedom of speech
 press
 right of the people peaceably to assemble,
 to petition the Government for a re- dress of
grievances.
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AMENDMENT II
"   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.
AMENDMENT IV
AMENDMENT III
"   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.
AMENDMENT V
"   No person shall be held to answer for a
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.
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.
AMENDMENT VI
AMENDMENT VII
"   In all criminal prosecutions, the accused shall
"   In suits at common law, where the value
"   The right of the people to be secure in
enjoy
"   the right to a speedy and public trial,
"   by an impartial jury of the State
"   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
"   the Assistance of Counsel for his defense.
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.
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AMENDMENT VIII
"   Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishment inflicted.
AMENDMENT IX
"   The enumeration in the Constitution, of
certain rights, shall not be construed to
deny or disparage others retained by
the people.
AMENDMENT X
"   The powers not delegated to the United
States by the Constitution, nor
prohibited to it by the States, are
reserved to the States respectively, or
to the people.
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