Constitution Guide Preamble to the Constitution (identifies the purposes of government) Form a More Perfect Union – In Union there is strength. Establish Justice – The law, in its content and administration, must be reasonable, fair, and impartial. Insure Domestic Tranquility – Having police powers to provide order; without order, people would live in anarchy (this deals with peace at home). Provide for the Common Defense – The security of the U.S. requires (a) a wise defense and (b) wise foreign affairs. Promote the General Welfare – The state has a responsibility to provide a variety of public goods (things that EVERYONE can share and not denied) and public services (can be restricted to certain individuals based on criteria). Secure the Blessings of Liberty – Freedom is necessary, but cannot be absolute. Constitution Articles Article I: Article II: Article III: Article IV: The Congress (legislative branch) Article V: The president (executive branch) The judges and national courts (judicial Article VI: branch) How states relate to each other and the Article VII: national government How the Constitution can be amended or changed. The Constitution is the supreme law of the land. Ratification or approval. Amendments to the Constitution st 1 Amendment: Freedom of religion, freedom of press, freedom of assembly and petition. 2nd Amendment: Right to Bear Arms 3rd Amendment: Quartering of soldiers limited 4th Amendment: Searches and Seizures regulated 5th Amendment: Right to due process of law, including protection against self incrimination 6th Amendment: Right of a person accused of a crime including right to be represented by a lawyer 7th Amendment: Right to a Trial by Jury 8th Amendment: Unfair bail, fines, and punishment forbidden 9th Amendment: Citizens entitled to rights not listed in the Constitution. 10th Amendment: Powers not listed reserved to the states or the people. th 11 Amendment: Rules for lawsuits against states. 12th Amendment: New way of selecting the president and vice president 13th Amendment: Slavery abolished 14th Amendment: Rights of citizenship, due process, and equal protection under the law 15th Amendment: Voting rights for former slaves 16th Amendment: Federal income taxes authorized 17th Amendment: US Senators elected by the people 18th Amendment: Sale of Alcohol banned 19th Amendment: Women gain right to vote 20th Amendment: Dates of presidential and congressional terms set 21st Amendment: 18th Amendment repealed 22nd Amendment: President limited to two terms 23rd Amendment: People in District of Columbia given right to vote for President 24th Amendment: No poll taxes in federal elections 25th Amendment: Presidential succession and disability. 26th Amendment: Voting age lowered to 18 27th Amendment: Congressional salaries regulated Bill of Rights Arranged by Function Protection of Free Expression: Amendment 1: Freedom of speech, press, and assembly Freedom to petition the government Protection of Personal Beliefs: Amendment 1: No government establishment of religion (a/k/a establishment clause) Freedom to exercise religion (a/k/a free exercise clause) Protection of Privacy: Amendment 3: No forced quartering of troops in homes during peacetime Amendment 4: No unreasonable searches and seizures Protection of Defendants’ Rights: Amendment 5: Grand-jury indictment required for prosecution of serious crime No second prosecution for the same offense No compulsion to testify against oneself No loss of life, liberty, or property without due process of law Amendment 6: Right to a speedy and public trial by a local, impartial jury Right to be informed of charges against oneself Right to legal counsel Right to compel the attendance of favorable witnesses Right to cross-examine witnesses Amendment 7: Right to jury trial in civil suit where the value of controversy exceeds $20 Amendment 8: No excessive bail or fines No cruel and unusual punishments Protections of Other Rights: Amendment 2: Right to Bear Arms Amendment 5: No taking of private property for public use without just compensation Amendment 9: Unlisted rights are not necessarily denied Amendment 10: Powers not delegated to the national government or denied to the states are reserved for the states or the people. Democratic Principles Worth of the Individual – Each person’s worth and dignity must be recognized and respected by all other individuals, and by society at all times. However, at various times, the welfare of one or a few individuals is subordinate to the interests of the many. Equality of ALL Persons – (a) each person is free to develop him/herself as fully as he/she can; (b) it is also the aspect of equality before the law; (c) equality in voting and universal suffrage is essential. Majority Rule with Minority Rights – The will of over half the voters should be followed while guaranteeing the rights to those who do not belong to the majority voice. Necessity of Compromise – Compromise allows citizens to have the collective right to control the government’s policy agenda; it is the process of blending, adjusting, and reconciling competing views and interests. Individual Freedom – A democratic society must be a marketplace of ideas with free speech and free press essential to civic understanding. Freedom cannot be absolute, or anarchy will result. Stakeholder – A person (i.e., Barack Obama), group (i.e., teachers), organization (i.e., American Civil Liberties Union), or system who affects or can be affected by government actions. Case(s) – Court cases that are heard at a city, state, federal level. Small Claims Courts, State Superior Courts, State Appellate Courts, State Supreme Courts, District Courts, Federal Court, Federal Appellate Courts, Military Courts, and US Supreme Court. Policy(ies) – A deliberate plan of action to guide decisions and achieve rational outcome(s). Policies can be laws create by the legislature (state and federal), actions taken by bureaucratic agencies (i.e., FDA’s regulation of drugs), actions taken by local law enforcement agencies, rules created by local governments (i.e., school policies), and many other actions taken by government.