The U.S. Constitution & Bill of Rights Mr. Webster’s Class.

The U.S. Constitution& Bill of Rights

Mr. Webster’s Class

The U.S. Constitution

• The main purpose of the United States Constitution is to provide a plan of government.• It is the highest authority in the nation.• It is the supreme law of the United States.• The powers of the 3 branches of the

federal government come from it.• It is a symbol of our nation, and

represents our system of government.

Parts of the Constitution

• The Constitution has three main parts:

• The Preamble (or

introduction)• The 7 Articles (or main

parts)• The 27 Amendments (or changes)

The Preamble

• “We the People of the United States, • in order to form a more perfect

Union,• establish justice,• insure domestic tranquility,• provide for the common defense,• 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.”

Preamble Vocabulary

• defense – a method of protecting oneself• domestic – referring to something at home, not foreign• insure – ensure, to make sure• justice – a system of establishing what is legal and illegal by fair

rules• ordain – to establish something by law• posterity – future generations• tranquility – peace• union – something formed by combining parts, such as states into

one country• welfare – well-being

Preamble Clips

• Andy Griffith Clip

• School House Rock Clip

Principles of the U.S. Constitution

• The U.S Constitution is based on certain key principles:• Popular sovereignty• Republicanism• Limited government• Federalism• Separation of powers• Checks and balances• Individual rights

Principles of Government - Vocabulary• popular sovereignty – the belief that government is subject

to the will of the people• limited government – government with limited powers

strictly defined by law• separation of powers – the principle that powers should be

divided among different branches of government• checks and balances – a system where each branch of

government limits the power of the other branches• federalism – a system of government where power is shared

between the federal, or national, level and the states

Types of Power

• The writers of the Constitution divided the powers of the government into three types.• Enumerated powers are

powers granted directly to the national government.• Reserved powers are

powers that are reserved for the states.• Concurrent powers are

powers that are shared by both the national and state governments.

U.S. Constitution – Articles I - III

• Article I – Legislative branch (Congress)• Senate• House of Representatives

• Article II – Executive branch• President and Vice President• Cabinet, executive

department, and agencies

• Article III – Judicial branch• Supreme Court• Other federal courts

U.S. Constitution – Articles IV - VII

• Article IV explains the relationship between the states and the national government.• Article V describes how

the Constitution can be changed.• Article VI declares the

Constitution the “supreme Law of the Land.”• Article VII describes how

the Constitution was to be ratified.

Amending the Constitution

• Any change made to the Constitution is called an amendment. Currently, there are 27 amendments. • An amendment may be proposed in either of two ways. • The first method is obtained by a vote of 2/3 of members of both houses of Congress.• The second method is by a national convention called by 2/3 of the state legislatures.• Once an amendment has been proposed, ¾

of the states must ratify it. Ratification can be voted on by the state legislature or special state convention.

Bill of Rights

• The first ten amendments, or Bill of Rights, became a part of the Constitution in 1791.

• Clip• They guarantee basic freedoms

including:• Freedom of religion• Freedom of speech• Freedom of the press• Freedom of assembly • The right to bear arms• The right to trial by jury• The right to be free from unreasonable

searches and seizures by the government• Freedom from cruel and unusual

punishment

Bill of Rights Vocabulary

• free speech – the right to say one’s opinions without fear of being stopped or punished by the government• accused – a person officially charged with a crime• probable cause – a strong reason to think that a person was involved

in a crime• indictment – a document issued by a grand jury to charge someone

with a crime• search warrant- a court order allowing police to search property and

seize evidence• due process – following established legal procedures• double jeopardy – putting someone on trial for a crime of which he

or she was previously found innocent

First Amendment

• The First Amendment protects five basic freedoms.• These are:• Freedom of religion• Freedom of speech• Freedom of the press• Freedom of assembly• Freedom to petition the

government

Freedom of Religion

• The First Amendment protects the freedom of religion in two ways. • First, it says that Congress

cannot establish, or support, any religion as the official faith of the United States.• Thomas Jefferson called this clause

“a wall of separation between church and state.”

• The freedom of religion gives Americans the freedom to practice their faith in the way that they want.

First Amendment Rights

• Freedom of speech gives Americans the right to state their opinions without fear of being punished by the government.• Freedom of the press prevents the government from censoring news reports.• Freedom of assembly protects our right to gather in groups for any reason, as long as the groups are peaceful.• Freedom to petition gives us the right to petition the government.

Amendments II – IV

• The Second Amendment gives Americans the right to bear arms.• The Third Amendment gives citizens

the right to not house, or quarter, soldiers• The Fourth Amendment protects us against “unreasonable searches and seizures.” • The officer must have probable cause

to think the person was involved in a crime.

• When law enforcement officers want to do a search for evidence, they must ask a judge to issue a search warrant.

The Fifth Amendment

• The Fifth Amendment protects several rights of an accused person.• It states that no one can be tried

for a serious crime without an indictment.• The Fifth Amendment protects an accused person’s right to remain silent.• It also prevents putting people on trial more than once for the same crime.

The Sixth Amendment

• The Sixth Amendment guarantees other rights to the accused.• It requires that persons be

clearly told what the charges against them are.• It grants the accused the

right to a speedy trial by an impartial jury.• It also gives accused

individuals the right to an attorney.

Amendments VII & VIII

• The Seventh Amendment guarantees the right to a trial by jury when there is a dispute involving more than $20.• The Eighth

Amendment forbids excessive bail, cruel and unusual punishment.

Amendments IX & X

• The Ninth Amendment states that all other rights not spelled out in the Constitution are retained, or kept, by the people. This prevents the government from claiming that the only rights people have are the ones listed in the Bill of Rights.• The Tenth Amendment states that any powers the Constitution does not specifically give to the federal government belong to the states or the people.

Constitutional Rights - Vocabulary

• civil disobedience – the refusal to obey certain laws as a form of political protest• economic freedom – the freedom to produce, trade, or

use any goods or services without use of force, fraud, or theft• eminent domain – the right of the government to take

private property for public use• forced internment – the confinement of a group of

people, especially during a war• property rights – the right to own property

Civil War Amendments

• The Thirteenth Amendment (1865) outlawed slavery.• The Fourteenth Amendment (1868) defined U.S. citizenship as anyone “born or naturalized in the United States.” This definition included most African Americans.• The Fifteenth Amendment (1870) stated that no state could deny a person the right to vote because of race.

Electoral Process and Voting Rights Amendments • The Nineteenth Amendment (1920) granted women the right to vote.• The Twenty-third Amendment (1961)

gave residents of the District of Columbia the right to vote.• The Twenty-fourth Amendment

(1964) abolished poll taxes, making it easier for poor Americans to vote.• The Twenty-sixth Amendment (1971) set the voting age at 18 years.

Civil Rights Clips

• History of Civil Rights

• March on Washington Clip

• LBJ Clip

• Women's Suffrage Clip

• Women's Suffrage Music Video

Civil Rights - Vocabulary• civil rights – the rights belonging to citizens; typically refers to the

basic right of being free from unequal treatment• discrimination – unfair treatment• literacy test – a test used to determine whether or not someone

was eligible to register to vote• poll tax – a fee required to vote• segregation – the separation of people• suffrage – the right to vote• Voting Rights Act of 1965 – a federal law that banned race

discrimination in voting practices• Civil Rights Act of 1964 – a federal law that prohibits employment

discrimination based on race, sex, color, religion, or national origin