The document outlines key aspects of the U.S. Constitution, including its seven articles that divide power among the legislative, executive, and judicial branches. It also discusses six basic principles like popular sovereignty, limited government, and separation of powers. Influences on the Constitution are noted, including John Locke's social contract theory, Montesquieu's support for separation of powers, and Rousseau's skepticism of direct democracy.

1. The U.S. Constitution

2. Outline of the U.S.
Constitution
• The Constitution is the instruction
manual / rulebook for U.S. government
= THE HIGHEST LAW OF THE LAND
• Preamble - introduction to the
Constitution; describes what the goals
of our gov’t are

4. • The Constitution has 7 articles, or
sections
• Article I - the Legislative branch
• Article II - the Executive branch
• Article III - the Judicial branch

5. • Article IV - Relationships between
states
• Article V - Amending the Constitution
• Article VI - National Law
• Article VII - Ratifying the Constitution

6. Six Basic Principles
• 1.) Popular sovereignty - gov’t only exists
because the people give it power to exist
(people rule gov’t)
• 2.) Limited government - gov’t is not all-
powerful
– Constitutionalism - the gov’t must be run
according to the Constitution
– Rule of Law - gov’t has to obey the law just like
everyone else  NO ONE IS ABOVE THE LAW

7. • 3.) Separation of Powers - powers of
gov’t are divided between 3 branches:
legislative, executive, and judicial
– Power in gov’t is divided up instead of
being all in one place (which would be
dangerous)

8. Legislative Branch
• L is for LAW-MAKING
• This branch makes the laws for our
country
• Made up by Congress (includes House
of Representatives and the Senate)

9. Executive Branch
• E is for ENFORCE
• This branch enforces the laws
• Led by the president; includes 15
executive departments and many
independent agencies

10. Judicial Branch
• J is for JUDGING
• This branch judges (and interprets)
what the law means
• Makes sure gov’t actions follow the
Constitution
• Led by the Supreme Court; includes
court systems

11. • 4.) Judicial Review - the power of the
Supreme Court and federal courts to
declare gov’t laws and actions
unconstitutional
– *MAJOR* power of the judicial branch
– Ex: Marbury v. Madison (1819 Supreme
Court case that established judicial review)

12. • 5.) Federalism - our gov’t is divided
between one national gov’t and 50 state
gov’ts that share power
– Ex: a house (U.S. gov’t) with 50 rooms
(each states gets their own room)

13. • 6.) Checks and Balances - the
branches of gov’t limit each other’s
power
– Makes sure no one branch is more
powerful than the other
– All the branches of gov’t ARE EQUAL.

15. Amending the
Constitution
• The Constitution is a “living” document
because we can change it
• amendment - a change/edit to the
Constitution
– 27 amendments to the Constitution
– First 10 amendments = the Bill of Rights
(ratified in 1791)

16. How to Amend the
Constitution
• 4 different ways to amend the
Constitution
MAIN WAY:
• Amendment suggested and passed by
2/3 of Congress then passed by 3/4 of
the state legislatures (38 states)

17. The Bill of Rights
• Your protections against the gov’t
• 1.) Freedom of: speech, religion, assembly,
press, petition
• 2.) right to bear arms
• 3.) no quartering (housing) troops
• 4.) right to privacy
• 5.) due process, double jeopardy, self-
incrimination (remain silent)

18. • 6.) right to public and speedy trial, counsel
(lawyer), trial by jury
• 7.) civil (non-criminal cases)
• 8.) no cruel and unusual punishment;
excessive bail and fines
• 9.) people have rights not in Constitution
• 10.) powers not given to federal gov’t are
reserved to the states

19. Other Noteworthy
Amendments
• 13th - abolished slavery
• 14th - applied due process (fairness) to
state laws; citizenship
• 15th – no racial discrimination in voting
• 19th - women got the right to vote
• 22nd - president has 2 term limits
• 26th - 18 years+ to vote

20. Explore the Constitution
(pg. C2)
• GO THROUGH ARTICLES 1-3 AND FIND
THE FOLLOWING (Art., Sec. Cl.):
– What makes up each branch of gov’t
– the qualifications to serve in the House,
Senate, Presidency, and federal courts
– TEN powers of Congress and THREE
powers/responsibilities of the President
– The three reasons a president can be
removed/impeached
– The Constitutional definition of “treason”

21. Explore the Constitution
(pg. C2)
• GO THROUGH ARTICLES 1-3 AND MAKE
NOTES. LOOK FOR:
– What makes up each branch
– The qualifications to be in each branch
– The powers of each branch
– PUT DOWN REFERENCES FOR EACH
– EX: Congress declares war (Art. I Sec. 8
Cl. 11)

22. Ch. 3-4 Quiz
• Legislative branch
• Executive branch
• Judicial branch
• Popular sovereignty
• Federalism
• Judicial review
• Limited government
• Separation of
powers
• Checks and
balances
• Rule of law

29. Influences on the U.S.
Constitution
JOHN LOCKE (1632-1704)
• Believed that rights like
life, liberty, and property
could not be taken
away
• To keep peace, people
needed to create a
contract with their gov’t
• Common people
generally unfit to rule

30. John Locke
• “POLITICAL POWER, then, I
take to be a RIGHT of
making laws with penalties
of death, and consequently
all less penalties, for the
regulating and preserving of
property, and of employing
the force of the community,
in the execution of such
laws, and in the defence of
the commonwealth from
foreign injury; and all this
only for the public good.”

31. John Locke
• “Man being born, as has
been proved, with a title to
perfect freedom, and an
uncontrouled enjoyment of
all the rights and privileges
of the law of nature, equally
with any other man… hath
by nature a power, not only
to preserve his property, that
is, his life, liberty and estate,
against the injuries and
attempts of other men; but to
judge of, and punish the
breaches of that law in
others…”

32. John Locke
• “There only is political
society, where every one of
the members hath quitted
this natural power, resigned
it up into the hands of the
community …. the
community comes to be
umpire…And thus every
man, by consenting with
others to make one body
politic under one
government, puts himself
under an obligation, to every
one of that society, to submit
to the determination of the
majority…”

33. BARON DE
MONTESQUIEU
(1689-1755)
• Believed that the best
kind of gov’t had
legislative, executive,
and judicial powers that
were all separate,
equal, and kept each
other in line
• Supported people’s
right to rule

34. Baron de Montesquieu
• “The people, in whom the
supreme power resides,
ought to have the
management of everything
within their reach…”
• “The people are extremely
well qualified for choosing
those whom they are to
entrust with part of their
authority.”
• In republican governments,
men are all equal… because
they are everything.”

35. Baron de Montesquieu
• “Political liberty is to be
found only in moderate
governments; and even in
these it is not always
found. It is there only
when there is no abuse of
power…. But constant
experience shows us that
every man invested with
power is apt to abuse it,
and to carry his authority
as far as it will go.”

36. Baron de Montesquieu
• “When the legislative
and executive powers
are united in the same
person, or in the same
body of magistrates,
there can be no liberty;
Again, there is no
liberty, if the judiciary
power be not separated
from the legislative and
executive.”

37. JEAN-JACQUES
ROUSSEAU (1712-1788)
• Skeptical of democracy (esp.
direct) - it is chaotic and
unrealistic
• The best gov’t is one under
which people prosper
• Gov’t will eventually abuse
its power and break its
contract with its people
• All gov’ts eventually end
(there is no perfect gov’t)

38. Jean-Jacques Rousseau
• “If we take the term in the
strict sense, there never
has been a real
democracy, and there
never will be. It is against
the natural order for the
many to govern and the
few to be governed. It is
unimaginable that the
people should remain
continually assembled to
devote their time to public
affairs…”

39. Jean-Jacques Rousseau
• “If we would set up a long-
lived form of government, let
us not even dream of making
it eternal….The body politic,
as well as the human body,
begins to die as soon as it is
born…. The constitution of
man is the work of nature;
that of the State the work of
art. It is not in men's power
to prolong their own lives;
but it is for them to prolong
as much as possible the life
of the State… “