2. Why Does the Constitution Matter?Why Does the Constitution Matter?
The Constitution matters for theseThe Constitution matters for these
reasons:reasons:
It is theIt is the lawlaw of the landof the land
StableStable governmentgovernment for 220+for 220+
years with only minor changesyears with only minor changes
requiredrequired
3. There are (3) parts to theThere are (3) parts to the
ConstitutionConstitution
1. The1. The PreamblePreamble – lays out the– lays out the
purpose and introduces thepurpose and introduces the
ConstitutionConstitution
2. The2. The 7 Articles7 Articles – the substance– the substance
of governmental lawof governmental law
3.3. 27 Amendments27 Amendments
Uncle Sam needs
you to study harder!
4. The PreambleThe Preamble---An introductory statement which sets-An introductory statement which sets
forth the general purposes of the Americanforth the general purposes of the American
government:government:
“We the People of the United States, in Order
to form a more perfect Union, establish
Justice, insure domestic Tranquility, provide
for the common defence, promote the general
Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and
establish this Constitution for the
United States of America.”
5. We the peopleWe the people of the United States,of the United States,
We the citizens of America
Popular
Popular
Sovereignty
Sovereignty
6. In Order toIn Order to
form a moreform a more
perfect Union,perfect Union,
Want to join together perfectly
Examples: Interstate road network
U.S. Coins, paper money.
9. provide for the common defenseprovide for the common defense
Make sure we are safe from
attack, here or overseas
Examples: Army, Navy, Air Force, Marines
10. promote the general welfare, andpromote the general welfare, and
Support the
health of all
Americans
Examples:
Safety in workplace, aid to the poor, Food and
Drug Administration (testing new meds.)
11. secure the blessings of libertysecure the blessings of liberty
to ourselves and our posterity,to ourselves and our posterity,
and protect the blessings of freedom to
ourselves and those who follow us
Examples: Uphold the Bill of Rights for all
12. do ordain and establish thisdo ordain and establish this
Constitution for theConstitution for the
United States of America.United States of America.
Do set forth and create this Constitution for the
United States of America.
13. The Seven ArticlesThe Seven Articles
I. TheI. The LegislativeLegislative BranchBranch
II. TheII. The ExecutiveExecutive BranchBranch
III. TheIII. The JudicialJudicial BranchBranch
IV. Relations AmongIV. Relations Among StatesStates
V. TheV. The AmendmentAmendment ProcessProcess
VI. NationalVI. National DebtsDebts, National, National
SupremacySupremacy,, OathsOaths of Officeof Office
VII. Requirements forVII. Requirements for RatificationRatification
14. The 8 Basic Principles of theThe 8 Basic Principles of the
ConstitutionConstitution
15. 1. _________ ___________1. _________ ___________
The _____________ hold the ultimate authorityThe _____________ hold the ultimate authority
The People have the POWERThe People have the POWER
We elect leaders to do the will of the peopleWe elect leaders to do the will of the people
The first 3 words of theThe first 3 words of the PreamblePreamble to theto the
Constitution are:Constitution are:
_________ ____ _____________________ ____ ____________
Popular Sovereignty
People
We The People
16. 2.2. ________ ____________________ ____________
Framers wanted to guard againstFramers wanted to guard against tyrannytyranny
Government is limited to the power it is given by theGovernment is limited to the power it is given by the
Constitution.Constitution. (The national gov. CAN ONLY do what(The national gov. CAN ONLY do what
the Constitution says it can do.)the Constitution says it can do.)
Aka as the RULE OF LAWAka as the RULE OF LAW
For Example: The Constitution tells how leaders whoFor Example: The Constitution tells how leaders who
overstep their power can be removed.overstep their power can be removed.
Limited Government
Richard Nixon:
involved in the Watergate
scandal
17. 3. _____________________3. _____________________
No one holdsNo one holds “too much”“too much” powerpower
3 branches of government3 branches of government
Each branch has specificEach branch has specific rolerole
Separation of Powers
18. 4. ___________________4. ___________________
PreventsPrevents thethe abuseabuse of power inof power in
government by one branchgovernment by one branch
Each branch has the power to check orEach branch has the power to check or
overrideoverride another branchanother branch
Each branch isEach branch is notnot totallytotally independentindependent ofof
the othersthe others
Checks and Balances
19. An example of checks andAn example of checks and
balancesbalances
Legislative BranchLegislative Branch Makes a law.Makes a law.
Executive BranchExecutive Branch Sign or veto the lawSign or veto the law
Judicial BranchJudicial Branch Can declare lawCan declare law
unconstitutionalunconstitutional
20. 5. ________________5. ________________
Courts mayCourts may
determine whetherdetermine whether
or not what theor not what the
President orPresident or
Congress does isCongress does is
ConstitutionalConstitutional
Judicial Review
21. 5. Judicial Review5. Judicial Review
If the court declares anIf the court declares an
actact unconstitutionalunconstitutional,,
the act is not a lawthe act is not a law
22. 6. ______________6. ______________
TheThe divisiondivision of power between theof power between the NationalNational
GovernmentGovernment and theand the statesstates. (. (1010thth
amendment)amendment)
The states and the national government areThe states and the national government are
likelike partnerspartners in governing.in governing.
The National Government has the “supremeThe National Government has the “supreme
power”- (power”- (Supremacy ClauseSupremacy Clause))
The national government is given certainThe national government is given certain
powerspowers by the Constitution…whatever is left isby the Constitution…whatever is left is
power for thepower for the statesstates to useto use
Federalism
23. 7. _7. _____________________________
1. We can1. We can addadd oror changechange the Constitution whenthe Constitution when
it is necessary.it is necessary.
-It is said the Constitution is a-It is said the Constitution is a living documentliving document
because it can be changed.because it can be changed.
-There are 27-There are 27 amendmentsamendments or changesor changes
currently in the Constitution.currently in the Constitution.
-If something needs to be changed than there is a-If something needs to be changed than there is a
process to change our government.process to change our government.
2. Also, there is clause in the Constitution called the2. Also, there is clause in the Constitution called the
_______ _______ (Article I Section 8 Number 18)_______ _______ (Article I Section 8 Number 18)
this says that Congress has the authority to do what isthis says that Congress has the authority to do what is
_________ and _______ to carry out its specific_________ and _______ to carry out its specific
powers.powers.
Flexibility
Elastic Clause
necessary proper
24. Elastic Clause ExampleElastic Clause Example
--In the Constitution, its says that CongressIn the Constitution, its says that Congress
has the power to create an army and a navy.has the power to create an army and a navy.
-It says nothing about the creation of an air-It says nothing about the creation of an air
force.force.
Why do you think this is?Why do you think this is?
Congress has created an Air Force using theCongress has created an Air Force using the
elastic clause of the Constitution because itelastic clause of the Constitution because it
is necessary and proper for our defense.is necessary and proper for our defense.
25. 8. ____________________8. ____________________
The Bill of Rights specifically is written toThe Bill of Rights specifically is written to
protect the individual rights of the U.S. citizenprotect the individual rights of the U.S. citizen
against the government.against the government.
Individual Rights
26. Which Principle?Which Principle?
1. In the Constitution, the first words are, “We1. In the Constitution, the first words are, “We
the People…” Which Principle does thisthe People…” Which Principle does this
apply to?apply to?
Answer:Answer: Popular
Sovereignty
27. Which Principle?Which Principle?
2. The United States Senate approves all2. The United States Senate approves all
treaties made by the President with othertreaties made by the President with other
countries?countries?
Answer:Answer: Checks and Balances
28. Which Principle?Which Principle?
3. Americans have the right to practice3. Americans have the right to practice
whatever religion they wish?whatever religion they wish?
A:A: Individual Rights
29. Which Principle?Which Principle?
4. The government cannot make up laws4. The government cannot make up laws
as it goes along.as it goes along.
A:A: Limited Government
30. Which Principle?Which Principle?
5. The United States, after the Civil War,5. The United States, after the Civil War,
passed the 13passed the 13thth
amendment to ban slavery.amendment to ban slavery.
Originally, when the United States wrote theOriginally, when the United States wrote the
Constitution, slavery was permitted. NowConstitution, slavery was permitted. Now
under the 13under the 13thth
amendment it is officiallyamendment it is officially
banned.banned.
A:A: Flexibility
31. Which Principle?Which Principle?
6. The national government issues a6. The national government issues a
national currency. Meanwhile states usenational currency. Meanwhile states use
this money to collect state taxesthis money to collect state taxes
A:A: Federalism
32. Which Principle?Which Principle?
7. The United States took Montesquieu’s7. The United States took Montesquieu’s
advice and has 3 branches of government.advice and has 3 branches of government.
A:A: Separation of Powers
33. Which Principle?Which Principle?
8. The President of the United States8. The President of the United States
decides that “certain” U.S. states will not bedecides that “certain” U.S. states will not be
allowed to vote in the next Presidentialallowed to vote in the next Presidential
election. The Supreme Court decides thatelection. The Supreme Court decides that
this action is unconstitutional.this action is unconstitutional.
A: Judicial Review
35. 1. Proposition1. Proposition
2 Ways to2 Ways to ProposePropose an Amendmentan Amendment
1.1. 2/32/3 vote in both houses ofvote in both houses of
CongressCongress
- All 27- All 27 Amendments were proposedAmendments were proposed
this waythis way
2. Constitutional2. Constitutional ConventionConvention
requested byrequested by 2/32/3 of theof the statesstates
36. 2.2. RatificationRatification- 2 ways to ratify- 2 ways to ratify
1.1. 3/43/4 ofof state legislaturesstate legislatures approve itapprove it
-26 of the 27-26 of the 27 Amendments wereAmendments were
ratified this wayratified this way
2.2. 3/43/4 ofof conventionsconventions called by thecalled by the
statesstates approve itapprove it
-Only the 21-Only the 21stst
Amendment was ratifiedAmendment was ratified
this waythis way
37.
38. The First TenThe First Ten
Amendments…Amendments…
““Why Not a Bill of Rights?Why Not a Bill of Rights?
Is It Because It Will Consume TooIs It Because It Will Consume Too
Much Paper?” Patrick HenryMuch Paper?” Patrick Henry
39. The Bill of Rights was approved inThe Bill of Rights was approved in
1791 and is made up of the first __1791 and is made up of the first __
amendments to the ____________.amendments to the ____________.
10
Constitution
40. Amendment #1Amendment #1
5 rights mentioned5 rights mentioned
Freedom of _______Freedom of _______
Freedom of _______Freedom of _______
Freedom of _______Freedom of _______
Right to _________Right to _________
Freedom ofFreedom of ______________
Religion
Assembl
y
Press
Petition
Speech
41. Freedom of ReligionFreedom of Religion
There are two parts or ________. TheThere are two parts or ________. The
_____________ clause and the free _____________________ clause and the free ________
clause.clause.
““Congress shall make no law respecting anCongress shall make no law respecting an
establishment of religionestablishment of religion or prohibiting theor prohibiting the
free exercise there of”free exercise there of”
clauses
establishment exercise
42. Establishment clause-Establishment clause-
GovernmentGovernment
CanCan CannotCannot
Teach aboutTeach about
religions in schoolreligions in school
Allow voluntaryAllow voluntary
prayer in manyprayer in many
examplesexamples
Transport studentsTransport students
to a religiousto a religious
schoolschool
Read Bible forRead Bible for
culture or literacyculture or literacy
contentcontent
Set a state religionSet a state religion
Government cannotGovernment cannot
order a prayerorder a prayer
Teach religiousTeach religious
doctrine in thedoctrine in the
schoolschool
Pay seminaryPay seminary
teachersteachers
Teach creationismTeach creationism
43. Free Exercise—The personFree Exercise—The person
CanCan CannotCannot
Choose whateverChoose whatever
religionreligion
Lead a prayer inLead a prayer in
most examplesmost examples
Ask questions aboutAsk questions about
religionsreligions
Worship whoeverWorship whoever
you wantyou want
Break the law andBreak the law and
claim it is religiousclaim it is religious
beliefbelief
Raise childrenRaise children
without educationwithout education
Deprive children ofDeprive children of
basic needsbasic needs
44. Establishment and FreeEstablishment and Free
Exercise clause often conflictExercise clause often conflict
with each otherwith each other
In schools, the religion issue is most prevalentIn schools, the religion issue is most prevalent
If a student raises his hand and says “teacher,If a student raises his hand and says “teacher,
can we say an opening prayer before this testcan we say an opening prayer before this test””
If the teacher says:If the teacher says:
““Yes”, It looks like establishment of religionYes”, It looks like establishment of religion
““No”, Is it then denying a student free exercise?No”, Is it then denying a student free exercise?
46. Free speech– The Person canFree speech– The Person can
Say any political beliefSay any political belief
Protest (without getting out of control)Protest (without getting out of control)
Say things about someone that are trueSay things about someone that are true
Burn the flagBurn the flag
Say racist and hate slogansSay racist and hate slogans
Free speech means someone might sayFree speech means someone might say
something you disagree withsomething you disagree with
47. Free speech—the PersonFree speech—the Person
cannotcannot
Threaten to blow up airplanes, schools orThreaten to blow up airplanes, schools or
the presidentthe president
Sexual harassmentSexual harassment
Create too much social chaosCreate too much social chaos
Extremely crude language in a publicExtremely crude language in a public
formform
Disrespectful, vulgar language in schoolsDisrespectful, vulgar language in schools
Hate crimesHate crimes
49. Freedom of the PressFreedom of the Press
CanCan CannotCannot
Print any politicalPrint any political
positionposition
Make fun of people,Make fun of people,
especiallyespecially
politicianspoliticians
Expose wrongs byExpose wrongs by
the governmentthe government
Say things youSay things you
might not agree withmight not agree with
Libel– intentionallyLibel– intentionally
injuring a person’sinjuring a person’s
reputation by falsereputation by false
factsfacts
Disclose defense-Disclose defense-
security secretssecurity secrets
Detail how to makeDetail how to make
a certain weaponsa certain weapons
51. Freedom of AssemblyFreedom of Assembly
CanCan CannotCannot
ProtestProtest
Parade (with a permit)Parade (with a permit)
Parade chanting hateParade chanting hate
slogansslogans
Gang members canGang members can
congregate in publiccongregate in public
Protest by throwingProtest by throwing
rocks and breakingrocks and breaking
windowswindows
Hang out on privateHang out on private
land againstland against
owners will—owners will—
loiteringloitering
Ignore teen curfewIgnore teen curfew
53. Petition the GovernmentPetition the Government
You may sue the government for wrongsYou may sue the government for wrongs
You cannot be punished for exposingYou cannot be punished for exposing
wrongs by the governmentwrongs by the government
The courts decide the wrongsThe courts decide the wrongs
55. 22ndnd
Amendment—Right to bearAmendment—Right to bear
armsarms
““A well-regulated militia, being necessaryA well-regulated militia, being necessary
to the security of a free state, the right ofto the security of a free state, the right of
the people to bear arms shall not bethe people to bear arms shall not be
infringed.”infringed.”
56. Typical High School BoyTypical High School Boy
Questions?Questions?So does this
mean I can do
whatever I want
with guns?
57. 22ndnd
AmendmentAmendment
__________________________________________________________________________
Its purpose was to prevent Congress from denying statesIts purpose was to prevent Congress from denying states
the right to have a militia of armed citizens. States andthe right to have a militia of armed citizens. States and
federal government can regulate the possession and usefederal government can regulate the possession and use
of firearms by individuals.of firearms by individuals.
the right to keep and bear arms
58. 33rdrd
AmendmentAmendment
The GovernmentThe Government
cannot force you tocannot force you to
shelter ________shelter ________
in your homein your home
without yourwithout your
consent in time ofconsent in time of
war or peace.war or peace.
soldiers
59. Amendment 4:Amendment 4: Limits the conditions underLimits the conditions under
which police may ______ for andwhich police may ______ for and
________evidence________evidence andand people [Privacypeople [Privacy
Amendment]Amendment]
1.1. NoNo “Fishing Expeditions”“Fishing Expeditions” by public officials [a searchby public officials [a search
must be ____________ and based onmust be ____________ and based on
______________________________________
2. In most cases, a search or arrest _________ will2. In most cases, a search or arrest _________ will
be necessary. The warrantbe necessary. The warrant must describe themust describe the specificspecific
place to be searched and the persons or things to beplace to be searched and the persons or things to be
seized.seized.
3. A police officer may chase a suspect into his house3. A police officer may chase a suspect into his house
& not secure a warrant (this would be probable& not secure a warrant (this would be probable
cause).cause).
4. The Supreme Court has ruled that evidence4. The Supreme Court has ruled that evidence
gained as a result of an unlawful search or seizuregained as a result of an unlawful search or seizure
cannot be usedcannot be used at theat the trial. [___________________trial. [___________________
The 4th
Amendment
search
seize
warrant
reasonable
probable cause
Exclusionary rule
60. Rights of Accused Persons
[5-8 have to do with “rights of the accused”]
1. A person can be tried for a serious crime only if
he has been accused of
that crime by a _______
2. No one may be tried twice for the same offense.
[_________ __________ clause] – no
one may be put in jeopardy
twice for the same offense]
3. No one may be forced to testify against himself.
You don’t have to answer questions
by the police or the courts.
[_________________]
4. No one can be deprived of ______, _______, or
___________ without due process of law
[fair and equal treatment under
the law].
5th
Amendment
grand jury
Double Jeopardy
Plead the 5th
life
libertyproperty
61. 1. Right to a __________________________ trial1. Right to a __________________________ trial
2. ____________ jury. The Jury must be fair2. ____________ jury. The Jury must be fair
and You can have the case transferred if it has receivedand You can have the case transferred if it has received
too much publicity. (change of venue)too much publicity. (change of venue)
3. Right to be told what ________3. Right to be told what ________
you are accused of.you are accused of.
4. Right to hear and question all ____________4. Right to hear and question all ____________
against you.against you.
5. The right to compel [require their5. The right to compel [require their
testimony] ____________ to appear attestimony] ____________ to appear at
a triala trial
6. Right to a ____________6. Right to a ____________
6th
Amendment
speedy and public
Impartial
crime
witnesses
witnesses
lawyer
62. 7th
Amendment
Right to a jury trial In Civil Cases (not a criminal matter) – but
where one person ______ another. Applies to all disputes over
________
8th
Amendment
No excessive bail or fines, or _______ and ___________
punishment”, like torture and beheading.
Tar andTar and
FeatheringFeathering
TheThe
““Rack”Rack”
$20.00
sues
cruel unusual
63. 99thth
AmendmentAmendment
The Rights of the People of the United StatesThe Rights of the People of the United States
are _____________ to those listed in theare _____________ to those listed in the
Constitution.Constitution.
1010thth
AmendmentAmendment
(__________ Powers Amendment) It gives the(__________ Powers Amendment) It gives the
states any power not given to the U.S.states any power not given to the U.S.
government under the Constitution.government under the Constitution.
not just limited
reserved
