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
Bill of Rights:
First ten amendments ratified Dec. 15, 1791
1st Amendment: Freedom of religion, freedom of press,
freedom of assembly and petition.
2nd Amendment: A well-regulated Militia, being necessary to
the security of a free state, the right of the
people to keep and bear Arms, shall not be
infringed.
3rd Amendment: No forced quartering of troops in homes
during peacetime.
4th Amendment: No unreasonable searches and seizures.
5th Amendment: No loss of life, liberty, or property without
due process of law. No compulsion to testify
against oneself/protection against selfincrimination. Grand-jury indictment
required for prosecution of serious crime.
Double jeopardy: No second prosecution for
the same offense.
6th Amendment: Rights of a person accused of a crime
including: 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.
7th Amendment: Right to jury trial in civil suit where the value
of controversy exceeds $20.
8th Amendment: Unfair bail, fines, and punishment forbidden.
No cruel and unusual punishments.
9th Amendment: Citizens entitled to rights not listed in the
Constitution.
10th Amendment: Powers not listed reserved to the states or
the people.
11th Amendment: Rules for lawsuits against states. (1795)
12th Amendment: New way of selecting the president and
vice president. (1804)
13th Amendment: Slavery abolished. (1865)
14th Amendment: “No State shall make or enforce any law
which shall abridge the privileges or
immunities of citizens of the United
States; nor shall any State deprive any
person of life, liberty, or property,
without due process of law; nor deny to
any person within its jurisdiction the
equal protection of the laws.” (1868)
15th Amendment: Voting rights for former slaves. (1870)
16th Amendment: Federal income taxes authorized. (1913)
17th Amendment: US Senators elected by the people. (1913)
18th Amendment: Sale of Alcohol banned. (1919)
19th Amendment: Women gain right to vote. (1920)
20th Amendment: Dates of presidential and congressional
terms set. (1933)
21st Amendment: 18th Amendment repealed (1933)
22nd Amendment: President limited to two terms. (1951)
23rd Amendment: People in District of Columbia given right to
vote for President. (1961)
24th Amendment: No poll taxes in federal elections. (1964)
25th Amendment: Presidential succession and disability.
(1967)
th
26 Amendment: Voting age lowered to 18. (1971)
27th Amendment: Congressional salaries regulated. (1992)
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.