7 Principles of the Constitution. 1.Popular Sovereignty- the governments right to rule comes from the people

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Sheila McCormick
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1 7 Principles of the Constitution 1.Popular Sovereignty- the governments right to rule comes from the people

2 2. Limited Government- the government has only the powers that the Constitution gives to it

3 3. Separation of Power-the Constitution divides the government into three branches: i.congress-legislative branch makes laws ii.president-executive branch carries out the laws iii.courts-judicial branch explains and interprets the laws

4 4. Checks and Balanceseach branch of government has the power to check or limit the actions of the other two

5 5. Federalism-division of power between the federal government and the states.

6 6. Republicanism- citizens elect representatives to carry out their will

7 7. Individual rights-the Constitution protects individual rights such as freedom of speech, freedom of religion etc.

8 Changing or adding to the Constitution The Constitution is meant to be a dynamic document. The Framers (guys that wrote it) knew that the world and the country change, the Constitution must be able to change as well

9 Problem: Making it too difficult to change would make the changing process useless If it was too easy to change it would not be respected *Amendment = Change

10 Article V of the Constitution Amendments: Proposed by a vote of 2/3 of both the House and the Senate Or proposed to Congress by 2/3 of the State Legislatures Ratification (approval): Must be approved by 3/4 of all of the States Legislatures

11 The Constitution Written in 1787 Ratified in 1788 In effect since 1789 The First 10 Amendments were ratified in *Called the Bill of Rights

12 Background of the Bill of Rights: Articles of Confederation First ruling document of the United States Problems: Federal Govt. too weak No power to enforce laws No power to tax or get any revenue States were working almost completely independently

13 New Constitution needed Federalists supported the new Constitution with a stronger national government *James Madison, Alexander Hamilton Anti-Federalists Opposed to the new Constitution for various reasons including: Fear that a strong fed govt. would be oppressive to States and citizens *Patrick Henry, George Mason

14 Compromise: James Madison promised to add protection for Citizens and States rights if the Anti-Federalists would support the New Constitution 1791 the Bill of Rights was passed First 10 amendments

15 First Amendment freedom of speech, of the press, and of assembly; right to petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

16 The freedom of expression of groups that advocate antidemocratic ideas may be limited. The rights of certain groups to express their ideas should not be protected by the First Amendment. Typically, these are groups that advocate overthrowing our representative government. They also may be groups that express malicious ideas that violate the dignity and hurt the feelings of other people in the community.

17 All people should be allowed freedom of expression no matter how dangerous or obnoxious their ideas. Rarely, if ever, should government be allowed to limit freedom of expression. For example, if public order is jeopardized, limitations on free expression could be justified. Even totalitarian, racist, and other unpopular ideas may serve to make people defend and better understand their own values. To suppress such expression only makes those people who are denied the right more hostile. It eliminates the safety-valve function of free speech and weakens society.

First Amendment freedom of speech, of religion, of the press,

respecting an establishment of religion, or prohibiting the

of the press; or the right of the people peaceably to

18 First Amendment freedom of speech, of religion, of the press, and of assembly; right to petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

necessary to the security of a free State, the right

19 2 nd Amendment Right to keep and bear arms and a regulated Militia A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

20 3 rd Amendment Protection from quartering(housing)of troops. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

21 4 th Amendment Protection from unreasonable search and seizure and need for warrants. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

22 Some kinds of searches LOOKING AROUND IN A HOME OR APARTMENT SEARCHING AN AUTOMOBILE WIRE TAPS TAKING BLOOD TAKING URINE OR OTHER BODY FLUIDS BINOCULARS/TELESCOPES X-RAYS LOOKING THROUGH POCKETS AND PURSES DOG-SNIFFING SEARCHING COMPUTERS/HARD DRIVES

23 Legal Warrantless Searches Searches after an arrest Consent searches Plain view Stop and frisk Hot pursuit Automobile Border and airport searches

24 5 th Amendment Due process, double jeopardy, self-incrimination, eminent domain No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

25 5 th amendment terms due process established process of law double jeopardy tried for same crime twice self-incrimination testifying against oneself eminent domain property that the govt. forces owners to sell for public use

Trial by jury, rights of the accused, confrontation of witnesses speedy trial, public trial, right to counsel(lawyer) In all criminal prosecutions, the

which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the

26 Trial by jury, rights of the accused, confrontation of witnesses speedy trial, public trial, right to counsel(lawyer) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. 6 th Amendment

and no fact tried by a jury, shall be otherwise reexamined in any court of

27 Civil trial by jury In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. 7 th Amendment

28 8 th Amendment Protection against excessive bail and cruel and unusual punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

29 9 th Amendment Protection of rights not specifically mentioned in the Bill of Rights The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Constitution, nor prohibited by it to the states,

30 10 th Amendment Powers of states and of people The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people

Hands on the Bill of Rights

Hands on the Bill of Rights Instructions Read the text of each Amendment to see which rights and freedoms it guarantees. To help you remember these rights, perform the finger tricks for each Amendment.