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The United States Constitution. 1787-2013 226 Years and Counting. The Basics. The Constitution is the highest law in the United States All other laws come from the Constitution in some way It is responsible for creating: The Presidency Congress The Supreme Court
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The United States Constitution 1787-2013 226 Years and Counting
The Basics • The Constitution is the highest law in the United States • All other laws come from the Constitution in some way • It is responsible for creating: • The Presidency • Congress • The Supreme Court • “Amendments” were added over time (amend= “to change”) to protect the rights of the people • There are 27 amendments as of 2012 • The first 10 amendments are called The Bill of Rights
History • May through September, 1787: The Framers (men who wrote the Constitution) met in Philadelphia to talk about what should be in it—this was the Constitutional Convention • The country was very new, and had a government that many felt was not as good as it could be. The Framers wanted to think up a new, better way of running the country • Some of the Framers are famous names today: • Ben Franklin • George Washington
History continued • Men came from all over the country, which was only 13 states at that time • They all had their own ideas about how the country should be run • It is said that the Constitution was born of compromise, because not every state could have everything their way • The Constitution had to be approved by all 13 states • It really only needed 9 states, but everyone wanted all of the states to agree • When the Constitution was approved by the first 9 states, we say that it was ratified
How It All Works • The Constitution sets up 3 main branches of government • Legislative branch—makes laws • Senate, House of Representatives, and Congress • Executive branch—makes sure the laws are carried out • The President, Vice President, and the Cabinet • Judicial—interprets the laws • Federal courts and the Supreme Court • Checks and balances • No one branch has power over the other two; in other words, they check one another • EX: The President can veto a law that Congress passes, and Congress will have to vote again to override that veto (it needs a 2/3 majority)
The Amendments • The Framers knew the Constitution was not perfect, even when the states all approved it • Wanted to allow future generations to make changes, but they did NOT want to make it too easy • The Amendment process • Most common: a 2/3 vote in Congress • 1. 2/3 of Congress approve it • 2. 3/4 of the states have to approve it • 3. Amendment is ratified
The Bill of Rights • The original Constitution had no bill of rights • The Framers thought it was not needed • A bill of rights was proposed after the new government started meeting • People were afraid that without one, the government could keep them from doing some important things by passing laws against those things—like free speech • The first ten amendments are known as our Bill of Rights—they are the first changes made to the Constitution!
The Bill of Rights • 1. Freedom of speech/religion/press/right to assemble • 2. Right to bear arms • 3. Prohibits forced quartering of soldiers • 4. Right to secure property and possessions from unlawful search and seizure • 5. Rights in criminal cases (do not have to testify against oneself/”plead the 5th”) • 6. Right to a fair trial/assistance of counsel in defense • 7. Rights in civil cases • 8. Rights against excessive bail and “cruel and unusual punishment” • 9. A statement that other rights aside from those listed here may exist, and just because they are not listed does not mean they cannot be violated. • 10. Right of states to delegate power not explicitly given in the Constitution
Slavery and the Constitution • Most black people in America in 1787 were slaves, and the Constitution was not created with them in mind • In the 1860s, slavery ended with the Civil War and brought more changes to the Constitution: • 13th Amendment: abolished slavery in the U.S. • 14th Amendment: declared every person born in the U.S. is a full citizen regardless of race • 15th Amendment: ensured race cannot be used as criteria for voting • Equality would not happen overnight, though. For more than 100 years after this, some laws were passed to try and keep black people from being equal to whites. • The election of President Obama in 2008 was a huge step in fulfilling the dream of equality in the U.S.
Women and the Constitution • For much of U.S. history, women had very little chance to advance in life • Primarily homemakers and supporters of their husbands • Denied roles in politics and government; could not vote • 1920: the 19th Amendment gives women the right to vote in all elections • Today, women enjoy a large role in politics • Without the right to vote, politicians would not care about issues important to women • Many women hold government office today