Chapter 3 The US Constitution

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Chapter 3The US Constitution

• Components
• 1.The Original Document
• 2. Bill of Rights
• 3. Amendments

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The Constitution

• This remarkable document has protected the
  fundamental and changing rights of Americans for
  over two centuries.
• Came due to issues in the Articles of
  Confederation and economic issues of the times
  along with concerns over defense.

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The Original Document

• Preamble
• Goals and Philosophy
• STATEMENT OF PURPOSE
• Articles
• Responsibilities
• Duties
• 3 Branches
• Limits

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Preamble

• We the people of the United States, In order to
  form a more perfect union that would benefit all
• Establish justice
• Ensure domestic tranquility
• Promote the general welfare
• Secure the blessings of our liberty to ourselves
  and our posterity
• Do ordain and establish this Constitution for the
  United States of America

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Preamble Meaning

• We want a better, more efficient system of
  government than was possible under the Article of
  Confederation
• We want all people treated fairly under the same
  laws
• We want to ensure an adequate defense against
  those who would be our enemies.

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Preamble Meaning

• We want to ensure peaceful existence within the
  United States.
• We want to keep our freedom and certain that our
  children and our childrens children have those
  same freedoms.
• Help people live happy free lives.

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Bill of Rights

• First 10 Amendments
• a BOR are what he people are entitled
  too----Thomas Jefferson
• The BOR was born out of distrust for government,
  kings, tyrants and abusive governments.
• James Madison introduced the first set of
  Constitutional Amendments by proposing 80 issues
  they were pared down to 10.

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Bill of Rights

• The government could not violate the Rights of
  Individuals to
• Speak Freely Publish Freely
• Assemble Peacefully Bear Arms
• Practice their own religion
• Not testify against themselves
• Subject to unreasonable search and seizure
• Have jury trials
• State retention of some power

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Additional Amendments
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Six Basic PrinciplesThe Constitution---the
Supreme Law of the landis built on six basic
principles

• Popular Sovereignty
• Limited Government
• Separation of Powers
• Checks and Balances
• Judicial Review
• Federalism

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Popular Sovereignty

• Government authority comes from the people
• The preamble spells this out
• WE THE PEOPLE
• Majority decides
• Ensures government serves the people
• No one comes to office due to birth
• ex. monarchy

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Limited Government

• How the government must act
• Article 1 sec. 9 Writs of Habeas Corpus
• Bills of Attainder Ex post facto
• Poll taxes

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Separation of Powers

• 3 Branches of Government
• The first 3 articles spell this out
• Legislative/Executive/Judicial
• Explains their responsibility to the People
• No portion of govt gets too powerful
• Prevents concentration of power or abuse of power.

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Checks and Balances

• Allows branches to restrain each others power
• Watchdog element of government
• Veto/power of the purse/impeachment

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Judicial Review

• Determination of constitutionality
• Marbury v. Madison
• Ultimate interpretation of the document and
  arbitrator of conflicts between branches of
  government.
• Supremacy Clause
• Elastic Clause
• Rule of Law

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Federalism

• Allows and balances power between national and
  state governments
• Delineates power
• Reserved Powers
• Delegated Powers
• Division of power