Foundations of the U.S. Constitution Copyright © Texas Education Agency, 2013. All rights reserved

Foundations of the U.S. Constitution

Copyright © Texas Education Agency, 2013. All rights reserved.

Copyright © Texas Education Agency, 2013. All rights reserved. 2

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Declaration of Independence• Second Continental Congress Meeting

– Delegates from 13 original American colonies

– Meeting in Philadelphia– Thomas Jefferson from Virginia

3Copyright © Texas Education Agency, 2013. All rights reserved.

1781 Articles of Confederation

• Government to be conducted by a one-house legislature

• Strict term limits - no person could serve more than three years in a 6-year period



• Only legislature can:– Declare war– Make peace– Enter into treaties and alliances– Manage relations with Indian nations– Coin money– Settle differences between states– Establish a postal system– Appoint a Commander in Chief



• Common treasury funds to pay for defense or general welfare

• Paupers, vagabonds, fugitives from justice, and slaves were not entitled to the privileges and immunities of free citizens of the state

• Major legislation would require a two-thirds vote for passage

• Amendments to the Articles would require a unanimous vote of the states


U.S. Constitution

• Convention in Philadelphia in 1787• March 4, 1789 - government of the

U.S. began operation under the new Constitution


Bill of Rights

• Protect human rights proclaimed in the Declaration of Independence– Amendment #1: freedom of speech and

freedom of religion– Amendment #2: well regulated Militia to

ensure security of a free State– Amendment #3: no soldier shall, in time of

peace be quartered in any house without the consent of the owner


Bill of Rights

Amendment #4: right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures

Amendment #5: Due process of the law, no double jeopardy, innocent until proven guilty by a court of law.


Bill of Rights• Amendment #6: in 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

• Amendment #7: Suits of common law involving more than $20 have the right of trial by jury


Bill of Rights

• Amendment #8: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

• Amendment #9: Enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people

• Amendment #10: powers not delegated to the U.S. by the Constitution are reserved to the State respectively or the people


Civil Rights Guaranteed by the U.S. Constitution

Due process of law - constitutional requirement for fundamental fairness in our legal and court system


Due Process of the Law

The right to be secure against unreasonable searches and seizures (Fourth Amendment)

The right not to be a witness against yourself (Fifth Amendment)

In criminal prosecutions, the right for the accused to a speedy and public trial by an impartial jury of the state and district where the crime was committed


Due Process of the Law• Trial by jury in civil suits where the value

in controversy exceeds $20 (Seventh Amendment)

• Excessive bail will not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted


Abolition of Slavery

• Thirteenth Amendment– Ended slavery in the United States


Right to VoteFifteenth Amendment denied women the right to vote

1920 - Nineteenth Amendment gave women the right to vote


Right to Vote

• Denial by Age– 21 was the original voting age– Protests during the Vietnam War– 1971-Twenty-Sixth Amendment changed

the voting age to 18

Vietnam Memorial Wall, Washington, D.C.


Peripheral Rights

• Not mentioned explicitly in the U.S. Constitution or Bill of Rights.

• Courts have recognized them as necessary.

• Example: Right of privacy


Assignments

1. Bill of Rights PowerPoint Assignment: Split the class into teams with two students. Each team must design a PowerPoint presentation that defines the first ten amendments to the Constitution (Bill of Rights). The PowerPoint must give clear examples for each amendment, using current examples. Each group will be assigned one amendment to thoroughly define to the class.

2. Bill of Rights and Responsibilities for the Classroom Brochure and Poster: Split the class into 10 groups. Each group must design a brochure that includes five rights and five responsibilities for student behavior in the classroom. Members of the class will discuss all of the brochures and select the best 10 rights and responsibilities for classroom behavior. The class will then design a poster listing the ten rights and responsibilities for class behavior in the classroom.

Independent Practice Assignments


Documents

Foundations of the U.S. Constitution Copyright © Texas Education Agency, 2013. All rights reserved