The Basic Principles in the Constitution
How the U.S. Constitution is built
The Government
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The Constitution is the frame for our government as it is today
The Constitution is the second national government created for the U.S.
o The first national government that was created was called The Articles of Confederation
The Constitution creates all the rules for how the U.S. is set up and run from the national level to the
local level
The Basic Principles in the Constitution
I. Republicanism: A form of government in which power resides in the people and is exercised by their elected
representatives.
II. Federalism: A form of government where there is a division of power between a central government [the
federal government] and regional units of government [the states].
III. Separation of powers: The assignment of the lawmaking, law-enforcing, and law-interpreting
governmental functions to independent legislative [Congress], executive [the presidency], and judicial [the
courts] branches of government.
IV. Checks and balances
A. The system where each of the branches of government has some scrutiny of, and control over, the
other branches.
B. Examples:
1. Presidential veto of legislation
2. Senate confirmation of presidential treaties
3. Judicial review of legislative and executive actions
V. Limited government
A. Constitutional provisions that work to protect the rights of the people.
B. Examples:
1. Prohibiting Congress from suspending the writ of habeas corpus except during invasion or
rebellion.
2. Prohibiting the Congress and states from passing bills of attainder, which punish people without a
judicial trial.
3. Prohibiting the Congress or the states from passing ex-post facto laws, which punish people or
increase the penalties for acts that were not illegal or not as punishable when committed.
4. Prohibiting the imposition of religious qualification from holding office in the national
government.
5. The Bill of Rights
The Components of the U.S. Constitution
The Bits and Pieces
I. 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.
The preamble, a single sentence, consists of four elements that form the foundation of our political tradition.
A. It creates a people [We the People of the United States] which was a major departure from the loose
confederation of states under the Articles of Confederation.
B. It explains the reason for the Constitution [in Order to form a more perfect Union] which was an
implied way of saying that the first attempt of governance under the Articles was inadequate.
C. It articulates goals [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]. In other words the goals of the government would be to promote order and freedom.
D. It fashions a government [do ordain and establish this Constitution for the United States of
America].
II. The Articles
A. Article I: The legislative article
1. The framers began with the legislative branch when they structured the new government because they
thought lawmaking was the most important function of a republic.
2. It is the most detailed and therefore the longest article.
3. It consists of ten sections dealing with -A. The composition and qualifications of congressional members.
B. The elections and constituencies of congressional members.
C. The enumerated powers of Congress.
D. Limitations on the powers of Congress.
E. Limitation on the state governments.
B. Article II: The executive article
1. Sets the president’s term of office.
2. Establishes the procedure for electing a president through the electoral college.
3. Establishes the qualifications for becoming president.
4. Identifies the president’s duties and powers.
a. Commander in Chief of the military
b. Fills vacancies in the court and in the legislative branch
c. Approves or denies laws written by congress
d. Negotiates treaties
e. Is the Head of State
C. Article VI: The supremacy article
1. An important part of this article is the supremacy clause, which asserts that, when they conflict, the
Constitution, national laws, and treaties take precedence over state constitutions and laws.
2. The article also mandates that religion cannot be a qualification for holding government office.
D. Article VII: The Ratification Article
1. Number of states to ratify the Constitution: This article required that nine of the thirteen states had to
ratify the Constitution to make it the law of the land. New Hampshire was the ninth state to ratify the
document.
2. Method of ratification: This article stipulated that ratification of the Constitution was to be
accomplished by state conventions, not by state legislatures.
III. The Amendments
A. The U.S. Constitution has only been amended 27 times since its adoption in 1788.
B. The Bill of Rights 1791. The first ten amendments to the Constitution make up the Bill of Rights.
C. These amendments provide protection for some basic guarantees by restraining the national
government from meddling with fundamental rights and civil liberties.
Bill of Rights
Protection of Amendment
Freedom of Expression
No government establishment of religion
No government prohibition of religious beliefs
No government abridgement of speech
No government abridgement of the press
Freedom of Political Participation
No government abridgment of speech
No government abridgment of the press
No government abridgment of peaceable assembly
No government abridgment of the right to petition government to redress grievances
Right to Privacy
No government prohibition of religious beliefs
No quartering of military troops in private homes without the owner's consent
No unreasonable search and seizures without a warrant justified by probable cause
Rights in Criminal Proceedings
No requirement to testify against oneself in criminal proceedings
Serious crimes require a grand jury indictment
No double jeopardy for the same offense
No loss of life, liberty, or property without due process of the law
No government seizure of private property for public use without just compensation
Criminal defendants have the right
to have a speedy public trial by an impartial jury
to be informed of the accusation
to confront prosecution witnesses
to obtain witnesses in their behalf
to have legal assistance
Civil law suits can be tried by juries if controversy is more than $20
No excessive fines or bail
No cruel or unusual punishment
Other Protected Rights
States have the right to maintain a well-regulated militia
The people have the right to keep and bear arms
Protection for unspecified rights not included in Amendments
The states or the people have reserve powers not given to the national
government or denied to the states
Amendment
I
I
I
III
IV
V
VI
VII
VIII
VIII
II
II
IX
X
Other Amendments deal with
1. perceived deficiencies in the structure of government
a. term limits for president
b. popular election of senators
2. public policy
a. creation of national income tax
b. prohibition of alcohol
c. repeal of prohibition
3. political and social equality
a. prohibition of slavery
b. suffrage cannot be denied based on race, color, previous servitude, gender or age
Comparing the Texas Constitution and the U.S. Constitution
Texas
Bill of
Rights
Articles
Amendments
Included in Article I of the Texas
Constitution.
The Texas Constitution includes
guarantees not included in the U.S. Bill of
Rights.
1. Prohibition of discrimination based
on sex.
2. Forbids imprisonment for debt.
3. Protects the rights of crime victims.
4. Prohibits the garnishment of wages
except for court-ordered child support.
The Texas Constitution consists of 17
articles
1. The Bill of Rights
2. The structure of Texas Government
3. Local government
4. Private corporations
5. Public lands and land office
6. Public policy such as education,
taxation
7. Impeachment
8. General provisions
9. Amendment
The Texas Constitution has been amended
over 400 times in over 100 years.
U.S.
First ten amendments to the U.S. Constitution.
The U.S. Constitution consists of seven
articles.
The U.S. Constitution has only been amended
27 times in over 200 years
Limited
Government
Statutory law
vs.
Constitutional
law
The Judicial
Branch
1. Enumerated powers
2. All governmental powers of Texas
institutions are enumerated in the Texas
Constitution.
3. Implied powers: There is not a necessary
and proper clause in the Texas Constitution.
4. Legislative salaries
Texas legislative pay raises must be
approved by the people in the form of
a constitutional amendment.
5. Legislative sessions
The Texas legislature meets every
other year for only 140 days. This is
inappropriate for today’s conditions
and requires special sessions to
address emergencies, etc.
6. Legislative powers
Governor
1. Limited appointment powers.
Unlike the president, the Texas
governors do not appoint their
cabinets. This limits the
governor’s ability to lead the
executive branch.
2. Limited removal powers.
Removal efforts must be
approved by the Texas legislature.
1. Enumerated powers
2. All governmental powers of U.S.
institutions are enumerated in the U.S.
Constitution.
3. Implied powers: There is a necessary and
proper clause in the U.S. Constitution.
4. Legislative salaries
Congressional pay raises are initiated by
the Congress.
5. Legislative sessions
The Congress, more or less, is in session
year round.
6. Legislative powers
President
The Texas Constitution is statutory in nature. The U.S. Constitution is more fundamental
This requires amendments to address current and authorizes government to solve problems.
needs.
1. Two top appellate courts, one for criminal
appeals and one for civil appeals.
2. Numerous layers of courts
3. Terms of office.
4. All members are elected by the people.
[The governor, however, can fill vacancies
through appointments as approved by the
Texas Senate.]
5. Qualifications to hold office.
1. One supreme court
2. Congress has the authority to create the
lower courts and determine the makeup of all
courts.
3. The president makes all appointments with
the approval of the Senate.
4. No terms of office.
5. No qualifications for holding a position.