The Constitution The Nation’s First Governments The Road to the Constitution The Structure of our Constitution The Bill of Rights

The ConstitutionThe Constitution

The Nation’s First GovernmentsThe Nation’s First GovernmentsThe Road to the ConstitutionThe Road to the Constitution

The Structure of our ConstitutionThe Structure of our ConstitutionThe Bill of RightsThe Bill of Rights

The Nation’s First The Nation’s First GovernmentGovernment

Early ConstitutionsEarly Constitutions States begin creating their own States begin creating their own

constitutionsconstitutions- detailed written plan for - detailed written plan for gov’tgov’t

Most state law making bodies Most state law making bodies ((legislaturelegislature) were ) were bicameralbicameral- two - two houseshouses

Most state constitutions followed the Most state constitutions followed the British form of gov’tBritish form of gov’t


Articles of ConfederationArticles of Confederation State constitutions were weak when unifiedState constitutions were weak when unified 1777- A. of C. created1777- A. of C. created A. of C. wanted to establish a “A. of C. wanted to establish a “league of league of

friendshipfriendship” between states” between states Created the Northwest OrdinanceCreated the Northwest Ordinance plan for plan for

admitting states west of App. Mountainsadmitting states west of App. Mountains


Weaknesses of the ArticlesWeaknesses of the Articles1.1. 1 house legislature1 house legislature2.2. 13 colonies refused to allow congress to 13 colonies refused to allow congress to

enforce laws or to taxenforce laws or to tax3.3. Congress could as states for money, but Congress could as states for money, but

could not demand itcould not demand it4.4. 9 of 13 states had to agree before a law 9 of 13 states had to agree before a law

could be could be ratifiedratified (approved) (approved)5.5. All 13 states had to agree before the All 13 states had to agree before the

constitution could be constitution could be amendedamended (changed)(changed)


The Articles of The Articles of Confederation FailConfederation Fail

After the American After the American Revolution, US is in debt Revolution, US is in debt and A. of C. could not and A. of C. could not collect taxescollect taxes

Riots begin to break out Riots begin to break out and the gov’t is too weak and the gov’t is too weak to stop themto stop them no unified no unified armyarmy

Daniel Shays-Daniel Shays- Led armed Led armed uprising in Massachusetts uprising in Massachusetts when gov’t tried to take when gov’t tried to take his farm awayhis farm away

1787- Congress meets to 1787- Congress meets to change the Articleschange the Articles

Road to the ConstitutionRoad to the ConstitutionThe Road to the ConstitutionThe Road to the Constitution Congress decides to get rid of the Articles of ConfederationCongress decides to get rid of the Articles of Confederation Each state had to send a rep to the Each state had to send a rep to the Constitutional ConventionConstitutional Convention (All (All

but Rhode Island agreed)but Rhode Island agreed) All delegates agree to appoint All delegates agree to appoint George WashingtonGeorge Washington as president as president Washington immediately starts making rulesWashington immediately starts making rules

At least 7 states must be present to make a decisionAt least 7 states must be present to make a decision All decisions were decided by a majority of the voteAll decisions were decided by a majority of the vote All meetings were to be kept a secretAll meetings were to be kept a secret

Creating the ConstitutionCreating the Constitution Two rival plansTwo rival plans

The Virginia PlanThe Virginia Plan (James Madison)- 3 branches of government (James Madison)- 3 branches of government legislative, executive, judiciallegislative, executive, judicial

Legislature would be divided into 2 houses (bicameral) and Legislature would be divided into 2 houses (bicameral) and representation would be based on populationrepresentation would be based on population

Larger states like the VA planLarger states like the VA plan The New Jersey PlanThe New Jersey Plan- 3 branches of gov’t- 3 branches of gov’t

Legislature would have only 1 house and each state would get 1 Legislature would have only 1 house and each state would get 1 votevote

Smaller states like the NJ planSmaller states like the NJ plan

Road to the ConstitutionRoad to the ConstitutionMaking CompromisesMaking Compromises The Great CompromiseThe Great Compromise proposed Congress have 2 houses proposed Congress have 2 houses

SenateSenate: equal representation: equal representation House of RepresentativesHouse of Representatives: rep. based on population: rep. based on population

Conflict over counting population between enslaved and free Conflict over counting population between enslaved and free 3/5 Compromise3/5 Compromise: Every 5 slaves in the south would be counted as 3 : Every 5 slaves in the south would be counted as 3

free citizensfree citizens South wants to count slaves equally to have more power in congressSouth wants to count slaves equally to have more power in congress Congress decides to create an Congress decides to create an Electoral CollegeElectoral College to elect Pres. and to elect Pres. and

VPVP a group of people from each state selects P and VP a group of people from each state selects P and VP

Approving the ConstitutionApproving the Constitution 9 of 13 states had to approve or 9 of 13 states had to approve or ratifyratify the constitution the constitution Two groupsTwo groups

FederalistsFederalists: Agree with constitution: Agree with constitution Anti-FederalistsAnti-Federalists: says const. gives too much power to gov’t, does : says const. gives too much power to gov’t, does

not protect individual citizensnot protect individual citizens Feds promised that if the const. passed, a Feds promised that if the const. passed, a Bill of RightsBill of Rights would be would be

addedadded 1788- Constitution ratified1788- Constitution ratified

Structure of the ConstitutionStructure of the Constitution

The StructureThe Structure Provide a Provide a framework,framework, or map, for US Gov’t to follow or map, for US Gov’t to follow Three main partsThree main parts

The PreambleThe Preamble: Introduction: Introduction Tells why constitution was written- power comes from pplTells why constitution was written- power comes from ppl

The ArticleThe Articles: Explains how the gov’t works (7 in all)s: Explains how the gov’t works (7 in all) 1. Article I: The Legislative Branch (lawmakers)1. Article I: The Legislative Branch (lawmakers) 2. Article II: The Executive Branch (law enforcers)2. Article II: The Executive Branch (law enforcers) 3. Article III: The Judicial Branch (interpret & apply laws)3. Article III: The Judicial Branch (interpret & apply laws) 4. Articles IV-VII: states rights, Const. is supreme law of 4. Articles IV-VII: states rights, Const. is supreme law of

land, and ratified after 9 states approvedland, and ratified after 9 states approved


Amending the ConstitutionAmending the Constitution Const. has been amended (changed) 27 timesConst. has been amended (changed) 27 times The Amendment process is difficultThe Amendment process is difficult framers wanted it that framers wanted it that

wayway Framers also knew changing the const. would be necessaryFramers also knew changing the const. would be necessary Two steps to amendTwo steps to amend

ProposalProposal- 2/3 of both houses of congress- 2/3 of both houses of congress RatificationRatification- ¾ of the states must ratify it in state legislature- ¾ of the states must ratify it in state legislature

Many politicians interpret the Const. differentlyMany politicians interpret the Const. differently Necessary and Proper ClauseNecessary and Proper Clause- Article I gives Congress - Article I gives Congress

power to do things not specifically mentioned in the Const. power to do things not specifically mentioned in the Const. Implied PowersImplied Powers

Loose vs. strict interpretationLoose vs. strict interpretation Supreme Court has final Supreme Court has final authorityauthority


Underlying PrinciplesUnderlying Principles Five fundamental principlesFive fundamental principles

Popular SovereigntyPopular Sovereignty: Power lies with the people: Power lies with the people Rule of LawRule of Law: Limit power of gov’t by applying the law to : Limit power of gov’t by applying the law to

everyoneeveryone Separation of PowSeparation of Powers: Clearly separate duties of legislative, ers: Clearly separate duties of legislative,

judicial and executive branchjudicial and executive branch Checks and BalancesChecks and Balances: Each branch of gov’t is able to restrain : Each branch of gov’t is able to restrain

the power of the other twothe power of the other two FederalismFederalism: Balance of power between State and Federal : Balance of power between State and Federal

gov’tgov’t citizens must obey laws of each citizens must obey laws of each Powers granted specifically to Fed Gov’t- Powers granted specifically to Fed Gov’t- Expressed PowersExpressed Powers Powers not directly given to Fed gov’t are kept by the state- Powers not directly given to Fed gov’t are kept by the state-

Reserved PowersReserved Powers When state and federal powers overlap- When state and federal powers overlap- Concurrent PowersConcurrent Powers Supremacy ClauseSupremacy Clause: Const. trumps all: Const. trumps all Supreme Law of the Land Supreme Law of the Land

The Bill of RightsThe Bill of RightsThe First 10 Amendments to ConstitutionThe First 10 Amendments to Constitution First Amendment- Basic Civil LibertiesFirst Amendment- Basic Civil Liberties

1. Freedom of Religion1. Freedom of Religion2. Freedom of Speech2. Freedom of Speech3. Freedom of the Press- gov’t can’t censor (ban) public 3. Freedom of the Press- gov’t can’t censor (ban) public opinionopinion4. Freedom of Assembly- gather in groups4. Freedom of Assembly- gather in groups5. Freedom to Petition- Make requests of the gov’t5. Freedom to Petition- Make requests of the gov’t

** 1st Amendment Limitations: No ** 1st Amendment Limitations: No slanderslander (lies) or (lies) or libellibel (printed lies) against persons, no actions that lead to crimes**(printed lies) against persons, no actions that lead to crimes**

Second AmendmentSecond Amendment- Right to bear arms (carry weapons)- Right to bear arms (carry weapons)

Third AmendmentThird Amendment- Soldiers may not move into citizens - Soldiers may not move into citizens homes without consent of homeownerhomes without consent of homeowner

Fourth AmendmentFourth Amendment- Protects citizens against unreasonable - Protects citizens against unreasonable search and seizures. Gov’t must have a search and seizures. Gov’t must have a search warrantsearch warrant

The Bill of RightsThe Bill of Rights Fifth AmendmentFifth Amendment- Protects those accused of a crime- Protects those accused of a crime

1. Must be 1. Must be indicted- formal chargeindicted- formal charge2. Entitled to 2. Entitled to grand jury- review evidencegrand jury- review evidence3. No 3. No double jeopardydouble jeopardy- can’t be charged twice for same crime- can’t be charged twice for same crime4. Everyone is entitled to 4. Everyone is entitled to due process- follow legal traditiondue process- follow legal tradition5. Gov’t must pay you for 5. Gov’t must pay you for eminent domaineminent domain- taking personal property- taking personal property

Sixth AmendmentSixth Amendment- Protects rights of the accused- Protects rights of the accused1. Speedy and public trial1. Speedy and public trial2. Entitled to a lawyer2. Entitled to a lawyer

Seventh AmendmentSeventh Amendment- Right to a trial in civil cases when more than $20 - Right to a trial in civil cases when more than $20 involvedinvolved

Eighth AmendmentEighth Amendment- Guarantees right to a speedy trial and allows - Guarantees right to a speedy trial and allows accused to post reasonable bail while waiting for trialaccused to post reasonable bail while waiting for trial

Ninth AmendmentNinth Amendment- Guarantees there are other natural rights not in the - Guarantees there are other natural rights not in the Bill of RightsBill of Rights

Tenth AmendmentTenth Amendment- Any power not mentioned in the Constitution lies - Any power not mentioned in the Constitution lies with the Statel Government with the Statel Government

Documents

The Constitution The Nation’s First Governments The Road to the Constitution The Structure of our Constitution The Bill of Rights