The Constitution: History, Principles, and Amendments

1. CONSTITUTIONCH. 3 6 Basic Principles Amendments process Bill of Rights

2. Constitution facts • Written in 1787 and ratified in 1789 • There was much debate (2 years) over the passing of the Constitution. • Federalists (Wanted the Const.) and Anti-Federalists (didn’t want) • It required 9 out of 13 colonies to ratify to take effect. • James Madison, Alexander Hamilton, and John Jay set out an eloquent defense of the new Constitution in what came to be called the Federalist Papers. Published anonymously in the newspapers The Independent Journal and The New York Packet under the name Publius between October 1787 and August 1788, the 85 articles that comprise the Federalist Papers remain to this day an invaluable resource for understanding some of the framers' intentions for the Constitution. • Delaware was the first to ratify, and New Hampshire was the 9th making it official • March 9, 1789 is the first day of the Constitution in America

3. constitution • The Constitution is the oldest republican Constitution still in use today!! • It is composed of: • PREAMBLE and 7 ARTICLES followed by 27 AMENDMENTS • PREAMBLE – states the purpose of the Constitution • ARTICLE I – Legislative Branch • ARTICLE II – Executive Branch • ARTICLE III – Judicial Branch • ARTICLE IV – Relations among the States • ARTICLE V – Amending the Constitution • ARTICLE VI – National Debt, supremacy of national law, oaths • ARTICLE VII – Ratifying the Constitution

4. constitution • 6 BASIC PRINCIPLES OF THE CONSTITUTION • Popular Sovereignty • All political power resides in the PEOPLE!! • Limited Government • Not all-powerful, may do only what the people give them power to do • Separation of Powers • Power is distributed throughout the 3 separate branches • “A government of laws and not of men.” • Checks and balances • Each branch of government ‘restrains’ or calls out, the other making everything fair and equal • Judicial review • The power of a court to determine the constitutionality of a governmental action • Unconstitutional – to make illegal and void an action • Federalism • A division of power between the Central Government and the State Governments • Linking an effective National Government with highly effective local Gov’t was tricky • ---------------------------------------------------------------------------------------------------- • Read pages 64 – 70, worksheet

5. Read pages 64 – 70, worksheet

6. Amendments • The constitution has been in effect in America since 1789 (220 years). America went from a small, 13 state, agricultural, slave society to a 50 state, industrial, capitalistic, free society. Thus making it very necessary to add to our constitution. • Give me examples of things that we deal with in today’s society that was not even invented, thought of or worried about 220 years ago? • Abortion……?? • Because of these new issues, Amendments were made!

7. Amendments • An amendment is described as a change of wording of the Constitution • 2 ways to modify or grow the Constitution: • Formal • Informal • Formal Process: the most common process to change, it has 4 methods • First method – proposed by 2/3 vote in each house, then ratified by ¾ of the State Legislatures (26 of 27 Amendments were passed this way) • Second method – proposed by Congress then ratified by conventions in ¾ of the States (the 21 amendment was passed this way) • Third method – proposed by a National Convention called by Congress at the request of 2/3 of State Legislatures • Fourth method – proposed by National Convention and ratified by conventions in ¾ of the states

8. Amendments • Informal ways of changing the Constitution. • The passage of basic legislation by Congress • Congress may pass laws to spell out what the Constitution actually means, “add flesh and bones to the sections of the Const.” • Action taken by the President • To go to war without a formal Declaration, Executive Agreement with another head of state • Key decisions by the supreme Court • The way in which the Supreme Court interprets the Const. can change the Const. • The activities of political parties • The way in which elections are held, Conventions, etc… • Custom • The President’s Cabinet, being allowed despite the permission of Congress.

9. Homework • Read pages 72-77 • Answer questions 1-6

10. ------------------------------------------------------------ • In pairs, come up with a list of 10 rights that YOU believe should be guaranteed freedoms of all Americans. These should be ‘real’ and not a joke, be serious and tell me something that really means a lot! Try not to remember and right down the Bill of Rights, be creative and think of your own!

11. Amendments • The Bill of Rights: • The first 10 amendments that set out the great constitutional guarantees of freedom and expression. • These 10 rights were essential to the Constitution and became necessary for most in order to ensure that everyone has basic rights • Do you think the Constitution could stand by itself without the Bill of Rights or Amendments?

12. BILL OF RIGHTS • Freedom of religion, speech, press, assembly, petition • Right to bear arms • Lodging troops in private homes • Search, seizures, proper warrants • Criminal proceedings, due process, eminent domain • Criminal proceedings • Jury trials at civil cases • Bail; cruel or unusual punishment • Unenumerated rights • Powers reserved to the states

13. Bill of Rights • Basic freedoms: • Enables you to follow any religion you want, but, must have a separation of Church and State. • Enables you to say what you want, print what you want (within reason) and to assemble • Town hall meetings – we the people protest in Peoria • To have guns: • Enables you to carry a weapon (with a permit and legally) • Protection from lodging troops: • Nobody shall be allowed to house troops without the consent of the owner • Protection from illegal search and seizures • Protects you from anyone searching your property without a proper warrant. • Enables you to be secure

14. Bill of Rights • Right to due process and self incrimination • No one will have to incriminate your self in someone else’s case. So without being indicted yourself, you don’t have to say what you did • I’ll take the fifth! • Right to a speedy trial, with rights and a counsel • You are allowed to have a quick speedy trial with a counsel (lawyers) of your choice. • Civil trial by a jury • You have to right to a trial with a jury in any case that exceeds $20.

15. Bill of Rights • Prohibits cruel and unusual punishment or excessive bail • No one is to be tortured or treated harshly • No one is to have a very high bail • So if you steal a pack of gum, you cannot have a $1 million bail • Protection of personal rights not in the Bill of Rights • Just because a certain right isn’t here in the Bill of Rights, that doesn’t mean you are denied it. • Powers of states and People • This makes it known that the states and the people are the most important things in a working Democracy