The United States
Constitution
What is a constitution?
Constitution: legal framework for a government
In other words: How it is organized.
Questions that constitutions answer:
 What are the purposes of government?
 What is the organization of government?
 What parts does it have? What do they
each do?
 How does the government make laws?
 How are people selected to serve in
government?
 Who is a citizen?
 What rights do citizens have?
Historical Precedents
• Magna Carta
(1215)
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jury trial
private property
limits on taxation
religious freedoms
• The Petition of Right
(1628)
– taxes can be levied only by
Parliament
– habeus corpus
– Freedom from martial law
during times of peace
• English Bill of Rights
(1688)
– Freedom of speech
– Right to elect parliament
– Right for Protestants to bear
arms
– Freedom from standing armies
during times of peace.
• Mayflower Compact
(1620)
– Pilgrim’s social contract
What is a constitutional
government?
• Limits on the powers of government
• Even governmental leaders must follow
the higher law.
Before the Constitution
• Confederation: loose union (states have the power, not a central
government)
• Articles of Confederation (1781)
• Fear of too much central power because of Britain
Weaknesses:
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Congress could not pass taxes
Congress could not force states to obey its laws
Congress could not regulate or manage trade
Laws needed to the approval of 9 of the 13 states
All 13 states had to agree to changes in the Articles
There was no executive branch
There was no judicial branch
Debt: major, crippling, war debt
Constitutional Convention
• Held in Philadelphia 1787
• 55 men appointed to represent 12 states (Rhode Island
did not send delegates)
• George Washington was selected to be President of the
Convention
• Realized strengthening the articles of confederation was
not enough
• Each state had one vote
• 7 out of 12 had to approve
• Public would not be told
The Articles had to be replaced by a new plan
of government
Major Compromises
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Virginia Plan
New Jersey Plan
The Great Compromise
Three-fifths compromise
Slave Trade
Export taxes
Electoral College
Ratifying the Constitution
• 9 out of 13 needed to ratify
• Anti-Federalists: opposed the
Constitution, wanted a Bill of Rights
• Federalists: supported ratification, won
opposition with Federalist Papers
Preamble:
Purposes
Article 2:
Executive
Article 1:
Legislative
Article 3:
Judicial
Article 4:
Federalism
Article 5:
Amending
Article 6:
Supremacy
Clause
Article 7:
Ratification
Basic Principles:
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Popular Sovereignty
Federalism
Separation of Powers
Checks and Balances
Judicial Review
Bill of Rights
Amendments
Bill of Rights
1.
Freedom of: Religion, Press, Speech, Petition, and
Assembly
2. State militias and right to bear arms
3. Bans quartering soldiers
4. Unreasonable search & seizure
5. self-incrimination; double-jeopardy; compensation for
takings
6. Speedy and public trial; right to a lawyer;
7. Trial by Jury
8. Cruel and Unusual Punishment
9. Peoples rights are not limited to the previous rights
10. Powers of the states
Other Amendment Highlights:
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13: abolishes slavery (1865)
14: Citizenship rights; equal-protection (1868)
15: Race no bar to vote (1870)
16: income tax (1913)
17: direct election of senators (1913)
18: prohibition (1919)
19: women’s right to vote (1920)
21: repeals prohibition (1933)
22: term limits (1951)
25: presidential succession (1967)
26: voting age to 18 (1971)