Constitution Overview Template By Joe Leske John Marshall John Marshall is considered one of the most influential Supreme Court Justices in American History The Constitution, an overview There are three parts of the Constitution. The preamble, the articles and the amendments. The Preamble The preamble explains the reasons and intentions for declaring independence from Great Britain. The preamble also sets forth the purpose of American Government. The Articles There are seven articles in the United States Constitution. They are numbered in roman numerals I to VII. The first three articles explain the functions of the three branches of government. Relations among states is discussed in article IV. How to change the Constitution and the amendment process is disused in article V. The VI articles describes how laws are passed through Congress. And finally article VII states the Constitution was to go into effect after nine states ratified it. Limited Government The United States Constitution was made so that one of the three could not over power the other two branches. No person not even the president is above the law. The Constitution also lists ways that the government cant limit individual freedoms. Popular Sovereignty Literally means that the people are the ultimate source of any power given to the government. The principle of popular sovereignty is closely linked to the principle of limited government. Separation of Powers The framers wanted to create a government that would prevent unlimited power and authority. The framers distributed the powers among the three branches of government. Checks and Balances To prevent one branch of government from dominating the other two branches the framers designed the checks and balances. Judicial Review Judicial Review is the power of the courts to decide whether a law is unconstitutional or not. Federalism The United States Constitution is set up on the form of government that is based on the principle of federalism. Natural Rights Natural Rights are the rights that are you are given when you are a citizen of the United States. This rights cant be taken away from you as well. Marbury v. Madison Marbury v. Madison was the first time the Supreme Court declared something "unconstitutional," and established the concept of judicial review. Writ of Mandamus is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly. Ought versus Shall The proposals that the state ratifying conventions all the proposals used the words ought or ought not. Introducing an Amendment Either must introduced by two thirds in the Senate and in the House of Representatives. The other way is the states legislatures may request that Congress call a national amendment convention. Ratifying amendments There is also two ways in ratifying amendments as well. The first way is 3/4ths of the states legislatures vote in favor of ratification. The states can also can call special conventions to ratify the amendment. Commerce Clause The Constitution gives Congress the power to regulate foreign and commerce. Informal amending of the Constitution Back in the day slavery was permitted now it is abolished by the 13 th Amendment. There was also no mention to Judicial Review now it is established in the Supreme Court in Marbury v. Madison. There also wasnt any limit on presidential terms but later the 22 nd Amendment established this. And finally voting rights were severely restricted to property owning white males, now a days the only restrictions are age, and residency requirements. Bill of Rights First Amendment Establishment Clause, Free Exercise Clause; freedom of speech, of the press, Freedom of Religion, and of assembly; right to petition. Second Amendment Militia (United States), Sovereign state, Right to keep and bear arms. Bill of Rights Third Amendment Protection from quartering of troops. Fourth Amendment Protection from unreasonable search and seizure. Bill of Rights Fifth Amendment due process, double jeopardy, self-incrimination, eminent domain. Sixth Amendment Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel. Bill of Rights Seventh Amendment Civil trial by jury. Eighth Amendment Prohibition of excessive bail and cruel and unusual punishment. Bill of Rights Ninth Amendment Protection of rights not specifically enumerated in the Bill of Rights. Tenth Amendment Powers of States and people.