The ConstitutionBy: Karissa Stolen and Maddie James

The Preamble

The Preamble is an introductory statement that sets up the reasons for having an American government. It lists the major goals that America should strive for.

The ArticlesArticle I: outlines Congress legislative powers and how laws are made

Article II: outlines how executive branch is used to carry out laws and how president is elected

Article III: outlines judicial branch, there is only one Supreme Court

Article IV: outlines relations among states, how state and federal governments work

Article V: outlines how to change the Constitution/amendment process

Article VI: Supremacy Clause- laws are supreme law of the land

Article VII: Constitution is in effect after 9 states approve it

Limited Government

Limited Government is where the national government can only do what the people want it to

Rule of Law: all citizens, must obey every law, no one is above it

Popular SovereigntyPeople are the ultimate source of any power given to the government and are the ones who form it

Separation of PowersGovernment was afraid of tyranny, absolute and unlimited power and authority

They separated it into 3 powers:

-Legislative: passes laws

-Executive: president, carries out laws

-Judicial: interprets laws

Checks and BalancesPrevents one branch from owning the other two branches. It exercises powers over the actions of other branches

Veto power: president checks Congress, ability of refuse to sign congressional bills into law

The branches need the help of at least 2 other branches to take action on something

Judicial ReviewPower of the courts to decide whether a law or other governmental action violates the Constitution

Unconstitutional: what is declared if justices find that a federal/state law violates the Constitution

Marbury vs. Madison 1803

Federalism

System in which some powers belong to the national or federal government and others belong to the states

Natural Rights

Constitution doesn’t give these rights, but you get them from being alive

John Locke, “The inalienable rights of individuals are the basis for any legitimate government.”

Marbury v. MadisonJefferson was becoming president and Adams wanted to fill positions in his government to lessen his anti-federalist impact.

Commissions were sent out and Marbury didn’t receive one and wanted to sue Madison to force him to deliver the remaining commissions

Filed a Writ of Mandamus. It was declared unconstitutional by John Marshall

Writ of Mandamus

Order issued by the court to force a government official to act

Ought versus Shall

Madison refined the typical language and requires the language of “command”

“Shall” tells the government what they MUST do, not what they should do

Introducing an Amendment

-Two-thirds vote in the Senate and House of Representatives

-Two-thirds of State legislatures may request Congress to call a national amendment convention, proposed to states

Ratifying amendments

-three-fourths of state legislatures vote in favor of ratification, “traditional”

-states can call special conventions and three-fourths of the states must approve

-Amendments can be repealed, made void

Commerce Clause

Power to regulate trade among states/foreign countries

Informal Amending of the Constitution

It’s been changed through custom and usage. Tradition evolves to become written law

-Presidential Cabinet

-Presidents Tenure

-25th amendment, the VP takes over if president dies

Bill of Rights

First ten amendments, added 1791

-Created basic structure to American government

Bill of Rights1) Freedom of Speech,

Press, Religion, Petition

-The right to voice your opinion whether that be through speech or written papers.

-The right to believe in whatever you want.

-The right to oppose things you don’t approve of.

2) Right to keep and bear arms

-Your allowed to keep and own guns, if they’re licensed, to protect yourself.

Bill of Rights3) Conditions for quarters of soldiers

-Without your consent, a solider cannot stay inside your house in time of war or peace.

4) Right of search and seizure regulated

-People cannot search or take any of your things without a warrant or reasonable suspicion for a cause

Bill of Rights5) Provisions concerning prosecution

-No one can be charged without evidence.

-Can’t be convicted of a crime twice.

-Can’t witness against yourself

-Can’t be deprived of life, liberty, or property

-private property can’t be taken without compensation

6) Right to a speedy trial, witnesses, etc

-Right to every aspect of a fast trial, after the crime (a witness against him, an attorney, a jury)

Bill of Rights7) Right to a trial by jury

-The bail has to fit the crime

-No trial by a jury can be reexamined

8) Excessive bail, cruel punishment

-Excessive bail/fines are not allowed

-Cruel and unusual punishments cannot be put into action

Bill of Rights9) Rule of construction of Constitution

-You have other rights that aren’t in the Constitution

-The Constitution couldn’t write down every right people have, and this is what protects all of the other rights

10) Rights of states under the Constitution

-There are powers given to the states/people aside from the national government not specified in the Constitution

• Overall, this is a solid job, you have a few that are not completely accurate (see slides) and a couple that need a bit more explanation. Solid job

• 65/75