Download The Constitution

The Constitution
The Nation’s First Governments
The Road to the Constitution
The Structure of our Constitution
The Bill of Rights
The Nation’s First Government
Early Constitutions
 States begin creating their own constitutionsdetailed written plan for gov’t
 Most state law making bodies (legislature)
were bicameral- two houses
 Most state constitutions followed the British form
of gov’t
The Nation’s First Government
Articles of Confederation
 State constitutions were weak when unified
 1777- A. of C. created
 A. of C. wanted to establish a “league of
friendship” between states
 Created the Northwest Ordinance plan for
admitting states west of App. Mountains
The Nation’s First Government
Weaknesses of the Articles
1.
1 house legislature
2.
13 colonies refused to allow congress to
enforce laws or to tax
3.
Congress could as states for money, but could
not demand it
4.
9 of 13 states had to agree before a law could
be ratified (approved)
5.
All 13 states had to agree before the
constitution could be amended (changed)
The Nation’s First Government
The Articles of Confederation
Fail
 After the American
Revolution, US is in debt and
A. of C. could not collect
taxes
 Riots begin to break out and
the gov’t is too weak to stop
them no unified army
 Daniel Shays- Led armed
uprising in Massachusetts
when gov’t tried to take his
farm away
 1787- Congress meets to
change the Articles
Road to the Constitution
The Road to the Constitution

Congress decides to get rid of the Articles of Confederation

Each state had to send a rep to the Constitutional Convention (All but
Rhode Island agreed)

All delegates agree to appoint George Washington as president

Washington immediately starts making rules
 At least 7 states must be present to make a decision
 All decisions were decided by a majority of the vote
 All meetings were to be kept a secret
Creating the Constitution

Two rival plans
 The Virginia Plan (James Madison)- 3 branches of government
legislative, executive, judicial
 Legislature would be divided into 2 houses (bicameral) and
representation would be based on population
 Larger states like the VA plan
 The New Jersey Plan- 3 branches of gov’t
 Legislature would have only 1 house and each state would get 1
vote
 Smaller states like the NJ plan
Road to the Constitution
Making Compromises

The Great Compromise proposed Congress have 2 houses
 Senate: equal representation
 House of Representatives: rep. based on population

Conflict over counting population between enslaved and free

3/5 Compromise: Every 5 slaves in the south would be counted as 3 free
citizens

South wants to count slaves equally to have more power in congress

Congress decides to create an Electoral College to elect Pres. and VP a
group of people from each state selects P and VP
Approving the Constitution

9 of 13 states had to approve or ratify the constitution

Two groups
 Federalists: Agree with constitution
 Anti-Federalists: says const. gives too much power to gov’t, does not
protect individual citizens

Feds promised that if the const. passed, a Bill of Rights would be added

1788- Constitution ratified
Structure of the Constitution
The Structure
 Provide a framework, or map, for US Gov’t to follow
 Three main parts

The Preamble: Introduction

Tells why constitution was written- power comes from ppl
The Articles: Explains how the gov’t works (7 in all)
 1. Article I: The Legislative Branch (lawmakers)
 2. Article II: The Executive Branch (law enforcers)
 3. Article III: The Judicial Branch (interpret & apply laws)
 4. Articles IV-VII: states rights, Const. is supreme law of land, and
ratified after 9 states approved
Structure of the Constitution
Amending the Constitution
 Const. has been amended (changed) 27 times
 The Amendment process is difficult framers wanted it that way
 Framers also knew changing the const. would be necessary
 Two steps to amend





Proposal- 2/3 of both houses of congress
Ratification- ¾ of the states must ratify it in state legislature
Many politicians interpret the Const. differently
Necessary and Proper Clause- Article I gives Congress power to
do things not specifically mentioned in the Const.  Implied
Powers
Loose vs. strict interpretation Supreme Court has final authority
Structure of the Constitution
Underlying Principles

Five fundamental principles
 Popular Sovereignty: Power lies with the people
 Rule of Law: Limit power of gov’t by applying the law to everyone
 Separation of Powers: Clearly separate duties of legislative, judicial
and executive branch
 Checks and Balances: Each branch of gov’t is able to restrain the
power of the other two
 Federalism: Balance of power between State and Federal gov’t
citizens must obey laws of each

Powers granted specifically to Fed Gov’t- Expressed Powers

Powers not directly given to Fed gov’t are kept by the state- Reserved
Powers

When state and federal powers overlap- Concurrent Powers

Supremacy Clause: Const. trumps all Supreme Law of the Land
The Bill of Rights
The First 10 Amendments to Constitution
 First Amendment- Basic Civil Liberties
1. Freedom of Religion
2. Freedom of Speech
3. Freedom of the Press- gov’t can’t censor (ban) public opinion
4. Freedom of Assembly- gather in groups
5. Freedom to Petition- Make requests of the gov’t
** 1st Amendment Limitations: No slander (lies) or libel (printed
lies) against persons, no actions that lead to crimes**

Second Amendment- Right to bear arms (carry weapons)

Third Amendment- Soldiers may not move into citizens homes
without consent of homeowner

Fourth Amendment- Protects citizens against unreasonable
search and seizures. Gov’t must have a search warrant
The Bill of Rights


Fifth Amendment- Protects those accused of a crime
1. Must be indicted- formal charge
2. Entitled to grand jury- review evidence
3. No double jeopardy- can’t be charged twice for same crime
4. Everyone is entitled to due process- follow legal tradition
5. Gov’t must pay you for eminent domain- taking personal property
Sixth Amendment- Protects rights of the accused
1. Speedy and public trial
2. Entitled to a lawyer

Seventh Amendment- Right to a trial in civil cases when more than $20 involved

Eighth Amendment- Guarantees right to a speedy trial and allows accused to post
reasonable bail while waiting for trial

Ninth Amendment- Guarantees there are other natural rights not in the Bill of
Rights

Tenth Amendment- Any power not mentioned in the Constitution lies with the
Statel Government