john marshall john marshall is considered one of the most influential supreme court justices in...
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John MarshallJohn Marshall is considered one of the most influential Supreme Court Justices in American History
The Constitution, an overview
The PreambleThe preamble is the introductory clause to our Constitution. Instead of
declaring law, the Preamble
simply states what we should strive for as a nation.
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The ArticlesThe Articles, seven in all, establish:
• the three branches of the U.S Government• the relationships among state government
and federal government • the Amendment process and ratification
• defines “the supremacy clause”
http://www.historycooperative.org/journals/cp/vol-02/no-04/roundtable/images/signing-of-constitution.jpg
Limited GovernmentTo avoid and
escape monarchy, the
framers included limited
government. As a flexible
document, the Constitution only
do what the people want it to,
and all people must follow the rule of law. No
one is above the law.
http://www.saintjohn.nbcc.nb.ca/Heritage/royal/images/george3.jpg
Popular Sovereignty
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In Popular Sovereignty, the people
are the ultimate source of power.
Limited Government and Popular
Sovereignty work together to
ensure freedom and a flexible government.
Separation of PowersSeparation of Powers was created so no one branch
of the government could rule over the others allowing tyranny. The Madisonian Model states that
the legislative branch passes laws, the executive branch carries them out, and the judicial branch
deciphers them.
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http://www.worldofworklawblog.com/uploads/image/congress.jpghttp://faculty.tcu.edu/rmillsap/Links/Links%20to%20Govt/WhiteHouse.jpg
Checks and BalancesTo keep the branches of government equal, the frames created Checks and
Balances.
http://cahsa.info/civicsus.html
Judicial ReviewThe courts look at every law and governmental action to
decide if it violates the constitution. If it does, it is declared unconstitutional and no longer holds any power.
http://www.opencongress.org/articles/view/1230-The-Constitution-and-the-111th-Congress-
FederalismOur government it set up so that some powers are based on a national level while others are based on the state level. This compromise was founded at the Philadelphia Convention.
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Natural Rights
Natural Rights are what the framers believed that all humans were born with. Among the most famous are “Life, liberty, and the pursuit of happiness/property”
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http://commons.wikimedia.org/wiki/File:Marbury_v_Madison_John_Marshall_by_Swatjester.jpg
Writ of Mandamus
The case of Marbury v. Madison is well known for many reasons, one being writ of mandamus. A writ of mandamus is a court order forcing a government official to act. The Judiciary Act of 1789 allowed such actions to be preformed.
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Ought versus ShallFollowing the format of the English Bill of Rights of 1689, the proposals used ought and ought not. Madison felt they were more guidelines than commandments. The first ten amendments do not tell the government what it should do, but what it must do.
Introducing and Ratifying an Amendment
Commerce ClauseThe commerce Clause is the section of the
Constitution that grants Congress the power to regulate trade among the states of foreign countries
Informal amending of the Constitution
To informally amend the constitution an amendment must be repealed. As twenty-first amendment did to the eighteenth.
Bill of Rights
The Bill of Rights are the first ten amendments on the U.S Constitution. Created by James Madison they ensure and protect ALL U.S
citizens.
Bill of Rights
Amendment I: Freedom of speech, press, religion, assembly, and the right to petition.
Amendment II: A regulated militia, a free state, and the right to bear arms.
Bill of Rights
Amendment III: No housing of troops during times of peace or times of war.
Amendment IV: NO search and seizure without probable cause or a warrant.
Bill of Rights Amendment V: the right to a fair trial, cannot be charged for the same crime twice, protected against self incrimination, and private property cannot be taken for public use without considerable compensation. Amendment VI: The right to a speedy and public trial with a jury. To know the full extent of accusations, to know his witnesses and the right to a counsel.
Bill of RightsAmendment VII: Civil Trial by juryAmendment VIII: No excessive bail of cruel and unusual punishment.
Bill of RightsAmendment IX: Protection of rights not detailed in the Bill of Rights.Amendment X: Power to the People! (and the States)
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