U.S. Constitution Chapter Three: What Does it Say and Mean?

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U.S. Constitution Chapter Three: What Does it Say and Mean?

  1. 1. The Constitution Chapter Three
  2. 2. Structure and Principles  Seven articles and preamble:  Preamble-Why the constitution was written.  1. Article one-Est. the legislative branch. Lots of details.  2. Est. the executive branch. Vague.
  3. 3. Articles Continued…  3. Article three-Est. the Federal court system. Vague. Supreme Court  4. Article four-Explains the relationship between the states and Federal government. Federalism.  5. Article five-Amendment process.
  4. 4. Articles Continued… 6. Article six-Supremacy Clause. 7. Article seven-Ratification process. 8. The Amendments.
  5. 5. Major Principles of the Constitution are…
  6. 6. Amending the Constitution…
  7. 7. Informal Changes to the Constitution  1. Changes through the passing of laws.  2. Changes through government practices. William H. Harrison. V.P? Two hour inaugural address during rain storm. Pneumonia!  3. Commerce Clause is a good example.
  8. 8. Changes Through Custom and Usage  The constitution does not mention:  1. Political parties. Picks electors.  2. Presidential succession.  3. Executive agreements.  4. Impeachable offenses.  5. Privacy from the gov’t.
  9. 9. Who Determines What the Bill of Rights Mean?  The Supreme Court makes rulings on the meaning.  The Supreme Court balances the rights of the individual with the needs of society. Individual?? Society??
  10. 10. Freedom Within Limits Libel  This is when there are lies or wrong information that damages a persons reputation in writing.  Absences of malice excepted. Slander  This false speech that damages a persons reputation.  Also, a person can’t yell fire in a crowded theater when NO fire exists.
  11. 11. The First Amendment—Five Rights Mentioned.  Freedom of Speech.  Freedom of Religion.  Freedom of the Press.  Freedom of Assembly.  Right to petition the government.
  12. 12. 2nd Amendment—Right to Bear Arms.  “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”
  13. 13. What is the Debate With the Right to Bear Arms?  How much can the government keep guns from criminals and youth?  In order to keep guns away from criminals, does that limit the right of law abiding citizens?
  14. 14. Third Amendment  The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.
  15. 15. Rights of the Accused Amendments #4-8 Important to preserve freedom
  16. 16. Fourth Amendment  What does a policeman need in order to search your home?  A warrant given to him by a judge.  Probable cause is also needed first!
  17. 17. Fifth Amendment  You cannot be tried for the same crime twice— called “Double Jeopardy.”  You do not have to testify against your self. “I plead the fifth.”  You must have due process of law before you are convicted.  The government cannot take your land unless it pays you.  Future Fright 1 F.F. 2. F.F. 3.
  18. 18. Sixth Amendment Right to a speedy trial by impartial jury—meaning not favoring either side. Civil Rights
  19. 19. Sixth Amendment continued  You must be told of charges against you.  You must be provided a lawyer if you cannot afford one.
  20. 20. Eighth Amendment  No excessive bail.  No cruel and unusual punishment. Prisoner kissing his Mom in prison
  21. 21. Fourth Amendment  Protection of privacy from the government & zones of privacy:  1. Probable cause.  2. Search Warrants.  3. Surveillance.  4. Arrest warrant.
  22. 22. Fifth Amendment 1. Double Jeopardy. 2. “I plead the fifth.” 3. Due process of law. 4. Eminent domain.
  23. 23. Seventh Amendment The right to a jury trail concerning amounts over $20.00.
  24. 24. Ninth Amendment  “Rights reserved by the People.”  There are NO loop holes concerning our civil rights.  Even IF a right is not written in the constitution, it doesn’t mean we don’t have that right!  “Zones of privacy.” Drones
  25. 25. Tenth Amendment  “Rights retained by the states.”  1. IF there is NO Federal law concerning a subject, then the state can have a law. National speed limit?  2. Marriage licenses, health dept., state parks, and public education. No Child Left Behind?
  26. 26. Jefferson’s Most Important Amendment? He said that with this ONE amendment you would regain all the other civil rights. First Amendment!
  27. 27. Other Amendments Eleventh-1795  1. Citizens from one state can’t sue another state.  2. If NV passed a law, a resident/citizen of CA can’t sue NV over it. Twelfth-1804  1. President/Vice president run as a team.  2. Before Amend. 12 the top two vote getters became Pres./V.P.  3. Pres. Adams and V.P. Jefferson were of different political parties. Not good.
  28. 28. Civil War Amendments  1. Thirteenth Amendment. 1865. Outlawed slavery.  2. Fourteenth Amendment. 1868. Prohibits a state from depriving a person of “Life, liberty, or property.” Equal protection under the law. Start “Incorporation.”  3. Fifteenth Amendment. 1870. Right for ALL males to vote.
  29. 29. Later Amendments  1. Sixteenth Amendment. 1913. Federal income taxes.  2. Seventeenth Amendment. 1913. Direct vote of U.S. Senators.  3. Eighteenth Amendment. 1919. Prohibition. Dry Period
  30. 30. Later Amendments Continued…  1. Nineteenth Amendment. 1920. Universal suffrage. Susan B. Anthony  2. Twentieth Amendment. 1933. New dates for Congress/Pres.  3. Twenty-First Amendment. 1933. Repeals 18th. Only one repealed! Repeal
  31. 31. Later Amendments…  1. Twenty-Second Amendment. 1951. Limits Pres. to two terms.  2. Twenty-Third Amendment. 1961. Allows D.C. citizens to vote for Pres.  3. Twenty-Fourth Amendment. 1964. Prohibits Poll tax. Modern Poll Tax?
  32. 32. Later Amendments Continued…  1. Twenty-Fifth Amendment.1967. Presidential succession/disability. L.B.J?  2. Twenty-Six Amendment. Lowers voting age to 18.  3. Twenty-Seventh Amendment. 1992. No pay raise during CURRENT Congressional session.

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