The Constitution of the United States of America

1. Chapter 3:
The Constitution of the
United States of America

2. Why Does the Constitution Matter?Why Does the Constitution Matter?
Constitution – body ofConstitution – body of
fundamental laws which say howfundamental laws which say how
a government is to operatea government is to operate

It is the supreme law of the landIt is the supreme law of the land

It explains how the governmentIt explains how the government
worksworks

It protects your civil rightsIt protects your civil rights

3. A Brief OutlineA Brief Outline
The Preamble – lays out theThe Preamble – lays out the
purpose and introduces thepurpose and introduces the
ConstitutionConstitution
The Articles – the substance ofThe Articles – the substance of
governmental lawgovernmental law
The AmendmentsThe Amendments
Uncle Sam needs
you to study harder!

4. The Seven ArticlesThe Seven Articles
I. The Legislative BranchI. The Legislative Branch
II. The Executive BranchII. The Executive Branch
III. The Judicial BranchIII. The Judicial Branch
IV. Relations Among StatesIV. Relations Among States
V. The Amendment ProcessV. The Amendment Process
VI. National Debts, NationalVI. National Debts, National
Supremacy, Oaths of OfficeSupremacy, Oaths of Office
VII. Requirements for RatificationVII. Requirements for Ratification

5. 1. Popular Sovereignty – supreme power1. Popular Sovereignty – supreme power
rests with and only with the peoplerests with and only with the people

Some parts of the Constitution mitigateSome parts of the Constitution mitigate
popular sovereigntypopular sovereignty
Electoral College chooses theElectoral College chooses the
president, not popular votepresident, not popular vote
State Legislatures chose the Senate,State Legislatures chose the Senate,
not popular votenot popular vote

Later changed to direct popularLater changed to direct popular
election by 17election by 17thth
AmendmentAmendment
The Six Basic Principles of theThe Six Basic Principles of the
ConstitutionConstitution

6. The Six Basic Principles of theThe Six Basic Principles of the
ConstitutionConstitution
2. Limited Government2. Limited Government

Also called constitutionalism, and rule ofAlso called constitutionalism, and rule of
lawlaw

Government is not all-powerfulGovernment is not all-powerful

Powers government has and doesn’tPowers government has and doesn’t
have are listedhave are listed

7. The Six Basic Principles of theThe Six Basic Principles of the
ConstitutionConstitution
3. Separation of Powers3. Separation of Powers

U.S. uses a presidentialU.S. uses a presidential
government, where thegovernment, where the
executive and legislativeexecutive and legislative
branches are chosen separatelybranches are chosen separately

Each branch has its ownEach branch has its own
powers and responsibilitiespowers and responsibilities

8. The Six Basic Principles of theThe Six Basic Principles of the
ConstitutionConstitution
4. Checks and4. Checks and
BalancesBalances

Each branchEach branch
is not totallyis not totally
independentindependent
of the othersof the others

9. The Six Basic Principles of theThe Six Basic Principles of the
ConstitutionConstitution
4. Checks and4. Checks and
BalancesBalances

They haveThey have
powers topowers to
override eachoverride each
other whenother when
necessarynecessary

11. The Six Basic Principles of theThe Six Basic Principles of the
ConstitutionConstitution
5. Judicial Review5. Judicial Review

Courts mayCourts may
determine whetherdetermine whether
or not what theor not what the
President orPresident or
Congress does isCongress does is
ConstitutionalConstitutional

12. The Six Basic Principles of theThe Six Basic Principles of the
ConstitutionConstitution
5. Judicial Review5. Judicial Review

If court declares anIf court declares an
act unconstitutional,act unconstitutional,
the act is not a law,the act is not a law,
and the decisionand the decision
cannot becannot be
overriddenoverridden

13. The Six Basic Principles of theThe Six Basic Principles of the
ConstitutionConstitution
6. Federalism6. Federalism

The national government isThe national government is
given certain powers by thegiven certain powers by the
ConstitutionConstitution

Whatever is left is a power forWhatever is left is a power for
the states to usethe states to use

14. Key Parts of Article IKey Parts of Article I
Section 8Section 8

List of all expressed powers Congress hasList of all expressed powers Congress has

Also includes the “necessary and proper” clauseAlso includes the “necessary and proper” clause
Gives Congress additional “implied powers”Gives Congress additional “implied powers”
Section 9Section 9

Prohibits certain actions Congress may takeProhibits certain actions Congress may take
No ex post facto laws – punishment for doingNo ex post facto laws – punishment for doing
something before it was illegalsomething before it was illegal
No suspension of habeas corpus – the right toNo suspension of habeas corpus – the right to
challenge one’s own detention in courtchallenge one’s own detention in court

15. Key Parts of Article IIKey Parts of Article II
Section 2Section 2

President can appoint people to many positionsPresident can appoint people to many positions

Must have “advice and consent” of the SenateMust have “advice and consent” of the Senate
Senate takes a majority vote to confirmSenate takes a majority vote to confirm
appointmentsappointments
Section 4Section 4

Can only be removed by impeachment for “highCan only be removed by impeachment for “high
crimes and misdemeanors”crimes and misdemeanors”

16. Key Parts of Article IVKey Parts of Article IV
Section 1 – Full Faith and Credit ClauseSection 1 – Full Faith and Credit Clause

States must grant each other “full faith andStates must grant each other “full faith and
credit” on “public acts, records, and judicialcredit” on “public acts, records, and judicial
proceedings”proceedings”
Means legal decisions of states must beMeans legal decisions of states must be
respected and held to by other statesrespected and held to by other states
Section 2 – Privileges and Immunities ClauseSection 2 – Privileges and Immunities Clause

States must grant residents of other states allStates must grant residents of other states all
“privileges and immunities” they give to their“privileges and immunities” they give to their
own residentsown residents

17. Article V - Formal Amendment ProcessArticle V - Formal Amendment Process
Step 1 – Must Be Proposed (happens atStep 1 – Must Be Proposed (happens at
the national level)the national level)
Step 2 – Must Be Ratified (happens at theStep 2 – Must Be Ratified (happens at the
state level)state level)

This is a reflection of federalismThis is a reflection of federalism

18. 2 Ways to Propose an Amendment2 Ways to Propose an Amendment
1. 2/3 vote in both houses of1. 2/3 vote in both houses of
CongressCongress

All 27 Amendments were proposedAll 27 Amendments were proposed
this waythis way
2. Constitutional Convention2. Constitutional Convention
requested by 2/3 of the statesrequested by 2/3 of the states

Has not ever been usedHas not ever been used

19. 2 Ways to Ratify an Amendment2 Ways to Ratify an Amendment
1. 3/4 of state legislatures1. 3/4 of state legislatures
approve itapprove it

26 of the 27 Amendments were26 of the 27 Amendments were
ratified this wayratified this way
2. 3/4 of conventions called by the2. 3/4 of conventions called by the
states approve itstates approve it

Only the 21Only the 21stst
Amendment wasAmendment was
ratified this wayratified this way

20. Key Parts of Article VIKey Parts of Article VI
Section 2 – Supremacy ClauseSection 2 – Supremacy Clause

Federal laws are always supreme over stateFederal laws are always supreme over state
laws, U.S. Constitution is supreme over alllaws, U.S. Constitution is supreme over all
state constitutionsstate constitutions

21. The First TenThe First Ten
Amendments…Amendments…

22. The Bill of RightsThe Bill of Rights
These are awesome!These are awesome!
And you get to memorize them!And you get to memorize them!

23. The 1The 1stst
AmendmentAmendment
Freedom of ReligionFreedom of Religion

Establishment Clause – government cannotEstablishment Clause – government cannot
establish a religionestablish a religion

Free Exercise Clause – government cannotFree Exercise Clause – government cannot
prohibit you from practicing religionprohibit you from practicing religion
Freedom of SpeechFreedom of Speech
Freedom of the PressFreedom of the Press
Right to AssemblyRight to Assembly
Right to PetitionRight to Petition

24. The 2The 2ndnd
AmendmentAmendment
The Right to Bear ArmsThe Right to Bear Arms
Not the Right to Bare ArmsNot the Right to Bare Arms

25. The 3The 3rdrd
AmendmentAmendment
No Quartering of Soldiers inNo Quartering of Soldiers in
Times of PeaceTimes of Peace

26. The 4The 4thth
AmendmentAmendment
ProtectionProtection
AgainstAgainst
UnreasonableUnreasonable
Search andSearch and
SeizureSeizure

27. The 5The 5thth
AmendmentAmendment
No Double Jeopardy (Can’t beNo Double Jeopardy (Can’t be
charged with the same crimecharged with the same crime
twice)twice)
Protection against self-Protection against self-
incriminationincrimination
Guarantee of Due Process of LawGuarantee of Due Process of Law

28. The 6The 6thth
AmendmentAmendment
Right to a Criminal Trial by JuryRight to a Criminal Trial by Jury

Trial must be speedy, publicTrial must be speedy, public

Must be in the state where the crime wasMust be in the state where the crime was
committedcommitted

Right to legal counselRight to legal counsel

Right to call witnesses favorable to theRight to call witnesses favorable to the
defendantdefendant

29. The 7The 7thth
AmendmentAmendment
Right to a Civil Trial by JuryRight to a Civil Trial by Jury

Civil – not criminal, typically aCivil – not criminal, typically a
lawsuit for money or to repeal alawsuit for money or to repeal a
government actiongovernment action

30. The 8The 8thth
AmendmentAmendment
ProtectionProtection
Against CruelAgainst Cruel
and Unusualand Unusual
PunishmentPunishment

31. The 9The 9thth
AmendmentAmendment
Rights Retained by the PeopleRights Retained by the People

In other words, just because aIn other words, just because a
right isn’t listed here in theright isn’t listed here in the
Constitution doesn’t mean thatConstitution doesn’t mean that
people don’t have that rightpeople don’t have that right

Truth from your teacher – yes, itTruth from your teacher – yes, it
does.does.

32. The 10The 10thth
AmendmentAmendment
Powers Reserved for the StatesPowers Reserved for the States

All powers that are not given toAll powers that are not given to
the national government arethe national government are
reserved for the statesreserved for the states

33. Informal AmendmentsInformal Amendments
The vast majority of changes toThe vast majority of changes to
the Constitution have notthe Constitution have not
changed the words in thechanged the words in the
ConstitutionConstitution

34. Basic LegislationBasic Legislation
Congress’ laws provide specificCongress’ laws provide specific
details about the vague purposesdetails about the vague purposes
and ideas in the Constitutionand ideas in the Constitution

35. Basic LegislationBasic Legislation
Congress alsoCongress also
changes its ownchanges its own
powers over time,powers over time,
based on the words ofbased on the words of
the Constitutionthe Constitution
Result of “NecessaryResult of “Necessary
and Proper” Clauseand Proper” Clause

36. Executive ActionExecutive Action
Presidents arePresidents are
always looking foralways looking for
ways to stretchways to stretch
and grow theirand grow their
powerspowers
Thus, presidentsThus, presidents
today are muchtoday are much
more powerfulmore powerful
than in the pastthan in the past

37. Court DecisionsCourt Decisions
SinceSince Marbury v.Marbury v.
MadisonMadison, the, the
court has had thecourt has had the
power to declarepower to declare
acts of theacts of the
president andpresident and
CongressCongress
unconstitutionalunconstitutional

38. Court DecisionsCourt Decisions
This power isThis power is
called judicialcalled judicial
review, and thereview, and the
court uses it tocourt uses it to
tell us what theytell us what they
interpret theinterpret the
Constitution toConstitution to
meanmean

39. Party PracticesParty Practices
Political parties didPolitical parties did
not exist at thenot exist at the
nation’s start, butnation’s start, but
they have becomethey have become
an almostan almost
necessary elementnecessary element

40. Party PracticesParty Practices
The electoralThe electoral
college used tocollege used to
decide together whodecide together who
would be thewould be the
president. Now,president. Now,
they just “rubberthey just “rubber
stamp” the choice ofstamp” the choice of
votersvoters

41. CustomCustom
Many customs have developed thatMany customs have developed that
we follow just as strongly as lawswe follow just as strongly as laws

Senatorial Courtesy – whenSenatorial Courtesy – when
nominating a judge, the presidentnominating a judge, the president
always asks the permission of thealways asks the permission of the
two Senators from the judge’s statetwo Senators from the judge’s state

Cabinet – 15 advisors for theCabinet – 15 advisors for the
president are not in the Constitutionpresident are not in the Constitution

Marcelo Gomes FreireMarcelo Gomes Freire