Download The Constitution - Sacred Heart Academy

Then & Now
1790
2013
Number of
States
13
50
Population
3,893,635
316,742,348 (9/23)
Slaves
694,280
0
Voters
White male property owners
All citizens over 18
Budget Deficit
$75 million
$901 billion (projected)
Life Expectancy
35/37
76/81
Economy
Agricultural/rural
Corporate/service/urban
Section 1
Popular Sovereignty
• The people hold all of
the political power
• “We the People…”
– Preamble
• Examples?
Limited Government
• Government has only
those powers given to
it by the people
• Rule of law
• “The Constitution…
shall be the supreme
Law of the Land”
– Article VI, Section 2
• Examples?
Separation of Powers
• Three branches of
government
• Articles I, II, & III
• Who makes up the
three branches of
government?
Checks and Balances
• Each branch limits the
others
• Prevents one branch
from becoming too
powerful
• (Homework tonight)
Judicial Review
• Courts can decide
whether a law or
government action is
constitutional
• Marbury v. Madison
Federalism
• Power is divided
between national
(federal) government
and state governments
• “Powers not delegated
to the United States…
nor prohibited… are
reserved to the states”
– 10th Amendment
• Examples?
Section 2
How to Amend the Constitution
(in 2 not-so-easy steps)
2/3 vote of both houses of
Congress
National convention
requested by 2/3 of
state legislatures
3/4 of state legislatures
Conventions in
3/4 of states
Back to the Basic Principles
• Federalism:
– Both national and state
governments are
needed to ratify an
amendment
• Popular sovereignty:
– People’s elected
representatives &
delegates to
conventions participate
Failed Amendments
• More than 15,000 have
been proposed
• 33 have gone to the
states
• 27 have been ratified
• Congress can set time
limits on ratification
• Examples:
– ERA (expired 1982)
The First Amendment
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.
The Second Amendment
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.
The Third Amendment
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.
The Fourth Amendment
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 Fifth Amendment
No person shall be held to answer for a 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 Sixth Amendment
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 wherein
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 defence.
The Seventh Amendment
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 reexamined in any Court of the United States,
than according to the rules of the common
law.
The Eighth Amendment
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
The Ninth Amendment
The enumeration in the Constitution, of
certain rights, shall not be construed to deny
or disparage others retained by the people.
The Tenth Amendment
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 Other 17
11. States protected from
certain lawsuits (1795)
12. Electoral college changed
(1804)
13. Slavery illegal (1865)
14. Citizenship regardless of
race (1868)
15. Voting regardless of race
(1870)
16. Income tax (1913)
17. Direct election of senators
(1913)
18. Prohibition (1919)
19. Voting for women (1920)
20. Inauguration day changed
(1933)
21. Prohibition repealed (1933)
22. Presidential term limit
(1951)
23. Citizens of Washington,
D.C., vote for president
(1961)
24. No poll tax (1964)
25. Presidential succession
(1967)
26. Voting age 18 (1971)
27. Congressional pay (1992)
Section 3
Basic Legislation
• Congress = legislative
• Constitution leaves
certain things for
Congress to decide
• Congress also passes
laws to clarify the
Constitution
Executive Action
• Executive Agreements
– Don’t have to be
approved by Congress
• Commander in Chief
– Only Congress can
declare war
– President can deploy
the military
Court Decisions
• Judicial Power
• Judicial review
• Supreme Court = “a
constitutional
convention in
continuous session”
– Woodrow Wilson
Political Parties
• Not mentioned in the
Constitution
• Have taken over
nomination process
• Influence how
Congress is organized
& does business
Custom & Usage
• Unwritten traditions
• Cabinet
• Term limits
– 22nd Amendment, 1951
• Presidential
succession
– 25th Amendment, 1967