The Unit ed

S tat es

Const it ut ion

What is a constitution?

Questions that constitutions answer: What are the purposes of government? What is the organization of government? What parts does it have? What do they

each do? How does the government make laws? How are people selected to serve in

government? Who is a citizen? What rights do citizens have?

Constitution: legal framework for a governmentIn other words: How it is organized.

Historical Precedents

• Magna Carta (1215)–jury trial –private property–limits on taxation –religious freedoms

• The Petition of Right (1628)–taxes can be levied only by Parliament–habeus corpus–Freedom from martial law during times of peace

• English Bill of Rights (1688)– Freedom of speech– Right to elect parliament– Right for Protestants to bear

arms– Freedom from standing armies

during times of peace.

• Mayflower Compact (1620)– Pilgrim’s social contract

What is a constitutional government?

• Limits on the powers of government• Even governmental leaders must follow

the higher law.

Before the Constitution

• Confederation: loose union (states have the power, not a central government)

• Articles of Confederation (1781)• Fear of too much central power because of Britain

Weaknesses: – Congress could not pass taxes– Congress could not force states to obey its laws– Congress could not regulate or manage trade– Laws needed to the approval of 9 of the 13 states– All 13 states had to agree to changes in the Articles– There was no executive branch– There was no judicial branch– Debt: major, crippling, war debt

Constitutional Convention

• Held in Philadelphia 1787• 55 men appointed to represent 12 states (Rhode Island

did not send delegates)• George Washington was selected to be President of the

Convention• Realized strengthening the articles of confederation was

not enough• Each state had one vote• 7 out of 12 had to approve • Public would not be told

The Articles had to be replaced by a new plan of government

Major Compromises

• Virginia Plan• New Jersey Plan• The Great Compromise• Three-fifths compromise• Slave Trade• Export taxes• Electoral College

Ratifying the Constitution

• 9 out of 13 needed to ratify• Anti-Federalists: opposed the

Constitution, wanted a Bill of Rights• Federalists: supported ratification, won

opposition with Federalist Papers

Preamble:Purposes

Article 1:Legislative

Article 2:Executive

Article 3:Judicial

Article 4:Federalism

Article 5:Amending

Article 6:Supremacy Clause

Article 7:

Ratification

Basic Principles:

• Popular Sovereignty• Federalism• Separation of Powers• Checks and Balances• Judicial Review• Bill of Rights

Amendments

Bill of Rights

1. Freedom of: Religion, Press, Speech, Petition, and Assembly

2. State militias and right to bear arms3. Bans quartering soldiers4. Unreasonable search & seizure5. self-incrimination; double-jeopardy; compensation for

takings6. Speedy and public trial; right to a lawyer;7. Trial by Jury8. Cruel and Unusual Punishment9. Peoples rights are not limited to the previous rights10. Powers of the states

Other Amendment Highlights:

• 13: abolishes slavery (1865)• 14: Citizenship rights; equal-protection (1868)• 15: Race no bar to vote (1870)• 16: income tax (1913)• 17: direct election of senators (1913)• 18: prohibition (1919)• 19: women’s right to vote (1920)• 21: repeals prohibition (1933)• 22: term limits (1951)• 25: presidential succession (1967)• 26: voting age to 18 (1971)