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Constitution and Civil Rights

Learn about the U.S. Constitution's history, structure, principles, and how it can be amended or changed. Explore the Preamble, Articles, and Amendments, and understand key concepts like Popular Sovereignty, Separation of Powers, and Federalism.

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Constitution and Civil Rights

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  1. Constitution and Civil Rights

  2. Constitution Basics • The Constitution of the United States was written in 1787. • It took effect in 1789. • It contains about 7,000 words – not that long – takes about one-half hour to read.

  3. Constitution Basics • The Constitution is a working document – which means it can be amended or changed today. • It gives us a framework for how our government is organized. • It also tells us who runs our government and how they are chosen.

  4. Constitution Basics • The Constitution is made up of three parts: • The Preamble • The Articles (There are 7) • The Amendments (There are 27)

  5. Constitution Basics

  6. Constitution Basics • The Preamble discusses why the Constitution was written. • The reasons were (this should be review!!!): • To establish a more perfect union, establish justice, insure domestic tranquility, provide a common defense, promote general welfare, secure the blessings of liberty.

  7. Constitution Basics • The Articles divides the Constitution up into seven parts. • Articles I through III discuss how the legislative (Congress), executive (President), and judicial branch (Courts) are set up, and the “instructions” for each branch.

  8. Constitution Basics • Article IV discusses the states of America. • How people from one state should be treated in another. • How the government can create more states if needed, and that they will be protected from invasion.

  9. Constitution Basics • Article V talks about amendments – or changes – to the Constitution. • YES! The Constitution can be changed. • YES! It has happened before – 27 times to be exact.

  10. Constitution Basics • Article VI lays the hammer down… • This article makes it clear that the Constitution is the “law of the land”. • Every American citizen must abide by the Constitution.

  11. Constitution Basics • Article VII talk about how the Constitution can be ratified – or approved – and accepted into law. • 9 of the 13 original states had to vote to agree to the ideas and rules of the Constitution.

  12. Constitution Basics • The Constitution was established and built on the ideas of six main principles. • Popular Sovereignty, Limited Government, Separation of Powers, Checks and Balances, Judicial Review, and Federalism.

  13. Constitution Basics • Popular Sovereignty: • The power that the government has comes from the people of the United States. • We give our consent – or permission – to the government to rule over us.

  14. Constitution Basics • Limited Government: • Government must also obey the laws of the land. • No one is above the law, not even government officials like a President.

  15. Constitution Basics • Separation of Powers: • Constitution distributes power among three branches. • Legislative makes laws, executive makes sure laws are being enforced, and judicial makes sure laws are fair.

  16. Constitution Basics • Checks and Balances: • Each branch has restraints on their power, and the restraints come from the other branches. • Examples are – Congress can make laws, but President can veto – or reject – a law.

  17. Constitution Basics • In turn, Congress can override a veto with a 2/3 majority vote from House of Reps. And Senate. • President in commander-in-chief of military, but only Congress can declare war. • President names Supreme Court judges, but the Senate must vote to approve them.

  18. Constitution Basics • Congress can impeach – or vote to remove a President from office. • Judicial branch can declare laws “unconstitutional” or say they are unfair. • These checks and balances force the government to compromise.

  19. Constitution Basics • Judicial Review: Courts can determine acts of government unlawful or illegal. • Federalism: National government hold certain power, and state governments hold certain power. • Dividing power this way prevents abuse.

  20. Constitution Basics • summary

  21. The Amendments • The United States Constitution has been around for 200 years – longer than any other country’s constitution. • In 1789 when it went into effect, there were 4 million Americans, and 13 states. • People traveled by horseback and sailing ships.

  22. The Amendments • Now there are over 300 million Americans and 50 states. • The U.S. is the most powerful country in the world, and our standard of living is envied by the rest of the planet. • Like the country – the Constitution has changed.

  23. The Amendments • Article V of the Constitution discusses amendments and lists a variety of ways they can be added to the Constitution. • The most common method is that an amendment is proposed by 2/3 vote in Congress (HR and Senate), and ratified by 3/4 of the states.

  24. The Amendments • Amendments show true examples of how Popular Sovereignty and Federalism are part of the Constitution. • Popular Sovereignty is shown because amendments are the will of the people. • Federalism is shown because amendments are proposed at a national level and ratified at a state level.

  25. The Amendments • There have been over 15,000 proposed amendments since 1789. • Only 33 of these have made it through Congress and have been passed to the states. • Only 27 of the 33 have been ratified by the states.

  26. The Amendments • The first 10 amendments are called the Bill of Rights – they protect our freedom of expression and give us fair and equal treatment under the law. • Most other amendments come from a particular event or situation.

  27. The Amendments • BOR quick run down: • 1. Gives people the right to freedom of religion, speech and assembly. • 2. Gives people right to own guns. • 3. Military cannot force citizens to give them room and board.

  28. The Amendments • 4. Government cannot seize property without warrant or probable cause. • 5. Do not have to testify against yourself, cannot be tried for the same crime twice. • 6. Right to fair trial and access to a lawyer.

  29. The Amendments • 7. Guarantees a jury trial in federal civil cases. • 8. Punishments for crimes must be fair and not excessively cruel. • 9. People have more rights than those listed in the Constitution. • 10. States have all power not given to federal government in Constitution.

  30. The Amendments • Thanks to the 14th Amendment, states cannot deny the BOR to anyone. • 14th Amendment is also called the Due Process Clause, which protects all rights that are basic and essential. • Supreme Court has ruled that the BOR are all basic and essential.

  31. The Amendments • The 13th Amendment banned slavery and passed in 1865, after the Civil War. • The 18th Amendment prohibited alcohol as an “experiment” to improve the quality of life in America. • The experiment failed – it led to an outbreak of organized crime. • 14 years later, the 21st Amendment passed repealing the 18th Amendment.

  32. The Amendments • The 22nd Amendment limited the number of terms a president can serve to two (8 years). • Republicans pushed for this amendment after Franklin D. Roosevelt held the presidency for 16 years (4 terms.) • The 26th Amendment lowered the voting age to 18. • This passed in 1971 during the Vietnam conflict.

  33. The Amendments • summary

  34. Federalism: A Power Divided • The writers of the Constitution faced difficult questions. • On one hand they knew that the American Revolution was fought against an overpowering central government. • On the other hand, they knew that the Articles of Confederation which gave local states too much power was too weak.

  35. Federalism: A Power Divided • The writers knew that they had to balance the powers of government some way. • This led them to the idea of Federalism. • The Constitution divides power between the national government, and the state governments. Each level of government has its own laws and regulations.

  36. Federalism: A Power Divided • For example, the states determine their own laws when it comes to the death penalty. • In 48 states gas stations are self-service, but in New Jersey and Oregon motorists cannot pump their own gas. • Oregon and Washington have legal physician assisted suicide laws.

  37. Federalism: A Power Divided • Many times the national government looks at the state governments as “experimental places”. • If a state passes a certain law, and it works – it may become a national law later. • If there is a natural disaster, the national government helps the states.

  38. Federalism: A Power Divided • The Constitution gives distinct types of powers to the National Government. • Those powers are expressed and implied. • Expressed power means powers that are listed in the Constitution word for word.

  39. Federalism: A Power Divided • Examples of expressed powers of the National Government are: tax, create money, declare war. • Implied powers are not mentioned word for word, but are suggested in Article I, Section 8. • Article I, Section 8 called the “Elastic Clause” discusses this in the Constitution.

  40. Federalism: A Power Divided • “Congress has the power to make all Laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution…” • The “Elastic Clause” gives Congress the power to adapt their power to different situations.

  41. Federalism: A Power Divided • The Constitution also gives reserved powers to the States. • Reserved power are those powers that the Constitution does not give to the National Government. • States can create public schools, ban the sale of pornography, forbid persons under 18 from getting married, require licenses for hairdressers, lawyers, and plumbers, etc.

  42. Federalism: A Power Divided • In case there arose an argument over who – the National or the State Government – has the power for a certain situation the writers of the Constitution created the Supremacy Clause. • Article VI, Section 2 says the Constitution takes precedence over all forms of state law.

  43. Federalism: A Power Divided • summary

  44. Missouri Constitution • Brief history of Missouri: mound builder Indians inhabited the region before Europeans came. • French got here first – sold it to U.S. as part of Louisiana Purchase in 1803. • Missouri Territory created by U.S. Congress in 1812 – population 20,000.

  45. Missouri Constitution • Missouri petitioned for state hood in 1818 – started a debate as to whether it should be a slave state or non-slave state. • Missouri Compromise in 1820 – Missouri added as a slave state, Maine added as a non-slave state. • 24th State of the union – Jefferson City named capital in 1826.

  46. Missouri Constitution • During Civil War – Missouri voted to stay part of the union even though most people agreed with Confederacy. • Grew in the 20th century – soy beans and corn major crops. Manufacturing in WWI and WWII. • Now, 5.7 million population, ranks 18th in U.S. behind Tennessee and ahead of Maryland. Largest city is Kansas City.

  47. Missouri Constitution • Missouri has had four state constitutions – first was made in 1820 when it became a state. • In 1865 after Civil War second constitution made, third in 1875 after Supreme Court ruled that 1865 constitution violated the U.S. Constitution. • Fourth created in 1945 – this is the current state constitution today.

  48. Missouri Constitution • Just like U.S. – constitution created three branches of government – legislative, executive and judicial. • Missouri’s Constitution has a Bill of Rights like the U.S. Constitution. • Also has a preamble that gives all of the power to the people.

  49. Missouri Constitution • “We the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness, do establish this Constitution for the better government of the state.” • There are 13 Articles after the preamble – Article 1 contains the Bill of Rights – different than the U.S. Constitution….and there are 32 of them compared to 10 to the U.S.

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