A New United States

U.S. Constitution U.S. Constitution 17871787

English democratic traditionEnglish democratic traditionFramers of the Constitution were intelligent/schooled men

Magna Carta (1215): limit limit the monarch’s powers powers & gave more power to the legislatureMagna Carta (1215): limit limit the monarch’s powers powers & gave more power to the legislature

English Bill of Rights Bill of Rights (1689)English Bill of Rights Bill of Rights (1689)

Influenced by John Locke’s theories of natural rightsnatural rightsInfluenced by John Locke’s theories of natural rightsnatural rights

…and Baron de Montesquieu's ideas of separating & separating & balancing the powers balancing the powers of the gov’t…and Baron de Montesquieu's ideas of separating & separating & balancing the powers balancing the powers of the gov’t

Drew on thousands of years of sources & models

Political developments from Greek philosophers & the Roman republic

Set-upSet-up of the Constitution

PreamblePreamble (Intro)(Intro)

ArticlesArticles 7 7 total

AmendmentsAmendments Bill of RightsBill of Rights

First 10First 10 as of 1791 Pleased Anti-federalists

27 overall

Preamble of the ConstitutionPreamble 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 PreamblePreamble

To form a more perfect union (of states)union (of states)

To establish justicejustice (protect & set the laws(protect & set the laws)

To ensure domestic tranquility (peace at home)tranquility (peace at home)

To provide for the common defensedefense (defend country)

To promote the general welfarewelfare (well-being of (well-being of general population) population)

To secure the blessings of libertyliberty

The ArticlesThe Articles

1)1) LegislativeLegislative branch2)2) ExecutiveExecutive branch3)3) JudicialJudicial branch4)4) Relation between statesRelation between states5)5) Amendment processAmendment process6)6) National supremacyNational supremacy

Constitution is Constitution is “supreme lawsupreme law of the land”

7)7) RatificationRatification

Popular SovereigntyPopular Sovereignty A monarch is

unconstitutional People have People have

authorityauthority 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 Principles7 Basic PrinciplesLimited Government Limited Government Avoid tyranny

Gov’t has powers only Gov’t has powers only expressed in Constitution in Constitution

Everyone must obey lawsEveryone 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 Principles7 Basic Principles

Separation of PowerSeparation of Power 3 branches of 3 branches of

government government (Articles 1-3)

ExecutiveExecutive: President LegislativeLegislative: Congress JudicialJudicial: Courts

Checks & BalancesChecks & Balances No abuse of power Each branch can limit Each branch can limit

the other the other two

NationalNationalNationalNational StateStateStateStateBOTHBOTHEnumeratedEnumerated Powers•Regulate trade•Coin money•Provide an army & navy•Conduct foreign affairs•Set up federal courts

ConcurrentConcurrent Powers•Enforce the laws•Establish courts•Collect taxes•Borrow money•Provide for the general welfare

Reserved Reserved Powers•Regulate trade within the state•Establish local gov’t systems•Conduct elections•Establish public schools system

FederalismFederalism Division of gov’t power FederalFederal government divided from thedivided from the statestate

7 Basic Principles7 Basic Principles

7 Basic Principles7 Basic PrinciplesRepublicanismRepublicanism Republic form of government Citizens elect representativesCitizens elect representatives Example – Article 4, Section 4 – “guaranteed a republican

form of government”

Individual RightsIndividual Rights Protects rights of Protects rights of individual citizens citizens

Bill of RightsBill of Rights

5) Rights of the accusedthe accused

6) Right to speedy trial & speedy trial & public public by jury

7)7) Jury trial Jury trial in civil cases

8)8) Bail & punishment (Crazy 8)Bail & punishment (Crazy 8)

9)9) PowersPowers to to the people (mine) people (mine)

10)10) PowersPowers to to the states states

1) Freedom of religion, religion, assembly, press, assembly, press, petition, & speech petition, & speech (RAAPS)(RAAPS)

2) Right to bear armsbear arms

3)3) No lodging troopsNo lodging troops in private homes

4)4) Search & SeizureSearch & Seizure

12 amendments proposed by James Madison in 1789…10 10 amendments amendments ratified by Congress on 12/15/1791 & known as Bill of

Rights