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A New United States U.S. Constitution 1787 Framers Influenced of the Constitution by John Locke’s were theories of natural rights English democratic tradition intelligent/schooled men Drew on thousands of years of sources & models Political developments from Greek philosophers & the Roman republic Magna Carta (1215): limit the monarch’s powers & gave more power to the legislature English Bill of Rights (1689) …and Baron de Montesquieu's ideas of separating & balancing the powers of the gov’t Set-up of the Constitution Preamble (Intro) Articles 7 total Amendments Bill of Rights First 10 as of 1791 Pleased Antifederalists 27 overall Preamble of the Constitution We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves & our posterity, do ordain & establish this Constitution for the United States of America. Goals of the Preamble To form a more perfect union (of states) To establish justice (protect & set the laws) To ensure domestic tranquility (peace at home) To provide for the common defense (defend country) To promote the general welfare (well-being of general population) To secure the blessings of liberty The Articles 1) Legislative branch 2) Executive branch 3) Judicial branch 4) Relation between states 5) Amendment process 6) National supremacy Constitution is “supreme law of the land” 7) Ratification Popular Sovereignty A monarch is unconstitutional People have authority Right to alter or abolish government Examples in the Constitution: “We the people…establish this Constitution for the United States of America” House of Representatives (chosen by people) given power to raise money-bills States given right to decide on slavery (10th Amendment) 7 Basic Principles Limited Government Avoid tyranny Gov’t has powers only expressed in Constitution Everyone must obey laws Examples in the Constitution: Article 1, Section 9 – Powers denied to Congress Article 1, Section 10 – Powers denied the States 10th Amendment – Reserved clause…powers reserved to the states 7 Basic Principles Separation of Power 3 branches of government (Articles 1-3) Executive: President Legislative: Congress Judicial: Courts Checks & Balances No abuse of power Each branch can limit the other two 7 Basic Principles Federalism Division of gov’t power Federal government divided from the state National BOTH State Enumerated Powers Concurrent Powers Reserved Powers • Regulate trade • Coin money • Provide an army & navy • Conduct foreign affairs • Set up federal courts • • • • • • Regulate trade within the state • Establish local gov’t systems • Conduct elections • Establish public schools system Enforce the laws Establish courts Collect taxes Borrow money Provide for the general welfare 7 Basic Principles Republicanism Republic form of government Citizens elect representatives Example – Article 4, Section 4 – “guaranteed a republican form of government” Individual Rights Protects rights of individual citizens Bill of Rights 12 amendments proposed by James Madison in 1789…10 amendments ratified by Congress on 12/15/1791 & known as Bill of Rights 5) Rights of the accused 1) Freedom of religion, assembly, press, petition, & speech (RAAPS) 2) Right to bear arms 3) No lodging troops in private homes 4) Search & Seizure 6) Right to speedy trial & 7) 8) 9) 10) public by jury Jury trial in civil cases Bail & punishment (Crazy 8) Powers to the people (mine) Powers to the states