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John Marshall is considered one of the
most influential Supreme Court Justices in
American History
John Marshall
The Constitution, an overview
The Preamble
•Introduction to the constitution
•Sets the general idea of the following document’s contents
•Lists the goals in which the government should follow
We the People of the United States, in
Order to form a more perfect Union,
establish Justice, insure domestic
Tranquility, provide for the common
defence, promote the general Welfare, and
secure the Blessings of Liberty to ourselves
and our Posterity, do ordain and establish
this Constitution for the United States of
America
The Articles
•VII articles in the constitution follow the preamble
•I-III set and explain the three branches of the US government (legislative,
executive, judicial), and their powers (limited government)
•IV rules of the state and federal governments and how they work together
•V how to add amendments to the constitution
•VI supremacy clause, states laws passed by congress and treaties
•VII when the constitution takes effect
Limited Government
•Prevents the national government from holding too much power
•Rule of Law, all US citizens including government officials must obey
laws in the constitution
Popular Sovereignty
•People are the ultimate power of the government, stated by the constitution
•“We the People of the United States do ordain and establish this Constitution
for the United States of America.” preamble
•The people form the government and are the source of governmental authority
Separation of Powers
•Set up to prevent a tyranny (absolute power) of any of the three
branches
•The separation of powers is called the Madisonian Model, in the
constitution
•Tells each branch what they can do, no one branch can do all powers
Checks and Balances
•The system in which each branch can govern another branch’s decisions
•Executive branch, Veto power, can veto the legislation
•Legislative branch, controls taxes and spending
•Judicial branch, approves presidential appointments
Judicial Review
•Power of the courts to decide if a law is unconstitutional
•Not directly in the constitution
•Entered the U.S. system in 1803 in the case of Marbury v. Madison
Federalism
•Powers belong to the national and federal government as well as the
states
•This was a compromise from the Philadelphia convention
Natural Rights
•Certain rights all citizens have from birth
•Government can not deny these rights
Marbury v. Madison
•John Adams sent commissions to weaken Jefferson's power
•38 of 42 commissions delivered by Marshall
•Marbury, and three others, did not receive their commission and sued Madison,
the new secretary of state
•Brought the suit to the Supreme Court
•Marshall, chief of justice, decided that Supreme Court had no authority in the
case saying that writs of mandamus were unconstitutional
Writ of Mandamus
•A written order, by the court, to make a government official perform a specific
lawful duty or act
Ought versus Shall
•Madison thought that the word ought was too susceptible to interpretation
•Changed ought to shall in order to have more command and authority
Introducing an Amendment
•Allowed for the modification of the constitution
•Two methods of introducing an amendment
•Must pass a two-thirds vote in the Senate and house of representatives to be
introduced
•Two thirds of state legislatures can call for an amendment convention
Ratifying amendments
•Makes the modification of the constitution final and that amendment is part of
the constitution
•Two methods of ratifying an amendment that has already been introduced
•Three-fourths of state legislatures vote in favor of the amendment, twenty-six of
twenty-seven ratified in this manner
•States call special conventions, if three-fourths of states approve, it is ratified
•Only the eighteenth amendment has been ratified using the second method
Commerce Clause
•Constitution grants congress the power to regulate trade within the united
states and foreign countries
Informal amending of the
Constitution
•Methods include; congrestional legislation, presidential actions, judicial
review and interpretation, the actions of political parties, and custom, and
usage
Bill of Rights
•The first ten amendments of the constitution
•First Amendment- freedom of speech, press, religion, assembly, and petition
•Second Amendment- right to bear arms, citizens of the U.S. have the right to
own guns
•Third Amendment- quartering of troops, troops can’t force you to let them
stay in your house
Bill of Rights
•Fourth Amendment- search and seizure, government can not search your
belongings unless probable cause or a warrant
•Fifth Amendment- Grand Jury, Double Jeopardy, Self-Incrimination, Due
Process, no person must answer for the capital or be tried for the same
felony twice
•Sixth Amendment- Criminal prosecutions, citizens have the right to a
public trial with an impartial jury
Bill of Rights
•Seventh Amendment- Common law suits, if value exceeds 20
dollars a jury must be present
•Eighth Amendment- Excess Bail or Fines, Cruel and Unusual
Punishment, excess bail is not permitted and cruel and unusual
punishment is against the law
•Ninth Amendment- Non-Enumerated Rights, rights in the
amendment are not the only rights people hold
•Tenth Amendment- Rights Reserved to States, if federal government
is not given the authority the states get that authority
• Tyler and Devin, This is a good solid effort.
Brief but solid explanations and relevant
graphics. Nice work
• 48/50