How do the specific parts of the Constitution work to create limited government and an effective democracy?

Structure

• The U.S. Constitution: • 3 Parts: 1. The Preamble2. Articles: 7 Divisions3. the amendments.

The Preamble - explains the purpose of government.

• Section 1 creates the Congress.

• Sections 2 and 3 set forth details about the two houses of Congress: the House of Representatives and the Senate.

Article I: Legislative

Article II: Executive• Outlines the detail of presidential

powers, describe required presidential qualifications, and provide for a vice president.

• Section I: Establishes a Supreme Court to head the judicial branch.

• Section 2: Outlines the jurisdiction, or authority, of the Supreme Court and other federal courts.

• Section 3: Defines treason.

Article III: Judicial

• Article IV: Explains the relationship of the states to one another and to the national government.

• Article V: Explains how the Constitution can be amended.

• Article VI: Contains the supremacy clause, establishing that the Constitution, laws passed by Congress, and treaties of the United States shall be the supreme Law of the Land.

• Article VII: Addresses ratification and declares that the Constitution would take effect after it was ratified by nine states.

Major Principles• The Constitution rests on six major principles

of government:

• Popular sovereignty—rule by the people.

• Federalism—power is divided between national and state governments.

• Separation of powers—limits the central government by dividing power among the legislative, executive, and judicial branches

• Checks and balances: Each branch of government exercises some control over the others.

Major Principles (cont.)

• Judicial review: Power of the courts to say that laws and actions of local, state, or national governments are invalid when they conflict with the Constitution.

• Limited government: Lists the powers the government is allowed and the powers that are prohibited to it.

The Bill of Rights

• Bill of Rights = individual rights

• Almost all of the provisions of the Bill of Rights have been incorporated into the states via the incorporation doctrine.

• The First Amendment protects the right of Americans to worship as they please, or to have no religion at all.

• First Amendment: Protects freedom of speech and freedom of the press.

– Government cannot censor information before it is published or broadcast.

– Freedom of speech is not unlimited—there are laws prohibiting slander and libel.

The Bill of Rights (cont.)

• Second Amendment : Right to bear arms

The Bill of Rights (cont.)

• Third Amendment: Prohibits providing shelter for soldiers in homes.

• Fourth Amendment : Limits the govt’s power to conduct searches and seizures by protecting the right to privacy.

The Bill of Rights (cont.)

– To be lawful, a search or arrest must be based on probable cause—a reasonable basis to believe a person or premises are linked to a crime.

– A search or an arrest usually requiresa search warrant or arrest warrant.

• Fifth Amendment : Four important protections for people accused of crimes:

The Bill of Rights (cont.)

1. Grand jury must find there is enough evidence to warrant a trial.

2. A person found innocent may not be tried again for the same offense (double guilty)

3. Not forced to testify against yourself (self-incriminating)

4. No one can be deprived of life, liberty, or property without due process of the law.

• Sixth Amendment: Rights of the accused

– Right to a speedy, public trial.

– Right to a trial by an impartial jury.

The Bill of Rights (cont.)

– Right to know the charges against them, so that they can prepare a defense.

• Seventh Amendment: Right to a jury trial in federal courts to settle all disputes of $20.

• Eighth Amendment:

– Prohibits excessive bail.

The Bill of Rights (cont.)

– Prevents excessive fines.

– Bans “cruel and unusual punishment” for crimes.

• Ninth Amendment: States all rights not spelled out in the Constitution are “retained by the people.”

The Bill of Rights (cont.)

• Tenth Amendment : States that “powers not delegated to the United States…nor prohibited…to the States, are reserved to the States respectively, or to the people.”