CONSTITUTION
CH. 3
6
Basic Principles
Amendments

process
Bill of Rights
CONSTITUTION FACTS

Written in 1787 and ratified in 1789

There was much debate (2 years) over the passing of
the Constitution.

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Federalists (Wanted the Const.) and Anti-Federalists (didn’t
want)
It required 9 out of 13 colonies to ratify to take effect.
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James Madison, Alexander Hamilton, and John Jay set out an
eloquent defense of the new Constitution in what came to be called the
Federalist Papers. Published anonymously in the newspapers The
Independent Journal and The New York Packet under the name
Publius between October 1787 and August 1788, the 85 articles that
comprise the Federalist Papers remain to this day an invaluable
resource for understanding some of the framers' intentions for the
Constitution.
Delaware was the first to ratify, and New Hampshire
was the 9th making it official
March 9, 1789 is the first day of the Constitution in
America
CONSTITUTION

The Constitution is the oldest republican
Constitution still in use today!!

It is composed of:

PREAMBLE and 7 ARTICLES followed by 27
AMENDMENTS
 PREAMBLE – states the purpose of the Constitution
 ARTICLE I – Legislative Branch
 ARTICLE II – Executive Branch
 ARTICLE III – Judicial Branch
 ARTICLE IV – Relations among the States
 ARTICLE V – Amending the Constitution
 ARTICLE VI – National Debt, supremacy of national
law, oaths
 ARTICLE VII – Ratifying the Constitution
CONSTITUTION

6 BASIC PRINCIPLES OF THE CONSTITUTION

Popular Sovereignty

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Limited Government
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The power of a court to determine the constitutionality of a governmental
action
Unconstitutional – to make illegal and void an action
Federalism

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Each branch of government ‘restrains’ or calls out, the other making
everything fair and equal
Judicial review


Power is distributed throughout the 3 separate branches
“A government of laws and not of men.”
Checks and balances

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Not all-powerful, may do only what the people give them power to do
Separation of Powers

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All political power resides in the PEOPLE!!
A division of power between the Central Government and the State
Governments
Linking an effective National Government with highly effective local Gov’t
was tricky
---------------------------------------------------------------------------------------------------Read pages 64 – 70, worksheet

Read pages 64 – 70, worksheet
AMENDMENTS

The constitution has been in effect in America since
1789 (220 years). America went from a small, 13 state,
agricultural, slave society to a 50 state, industrial,
capitalistic, free society. Thus making it very
necessary to add to our constitution.

Give me examples of things that we deal with in today’s
society that was not even invented, thought of or worried
about 220 years ago?
Abortion……??
 Because of these new issues, Amendments were made!

A
MENDMENTS
 An amendment is described as a change of wording of
the Constitution

2 ways to modify or grow the Constitution:
Formal
 Informal
 Formal Process: the most common process to change, it has 4
methods

1.
2.
3.
4.
First method – proposed by 2/3 vote in each house, then
ratified by ¾ of the State Legislatures (26 of 27 Amendments
were passed this way)
Second method – proposed by Congress then ratified by
conventions in ¾ of the States (the 21 amendment was
passed this way)
Third method – proposed by a National Convention called
by Congress at the request of 2/3 of State Legislatures
Fourth method – proposed by National Convention and
ratified by conventions in ¾ of the states
AMENDMENTS

Informal ways of changing the Constitution.
The passage of basic legislation by Congress
1.

Congress may pass laws to spell out what the Constitution actually
means, “add flesh and bones to the sections of the Const.”
Action taken by the President
2.

To go to war without a formal Declaration, Executive Agreement
with another head of state
Key decisions by the supreme Court
3.

The way in which the Supreme Court interprets the Const. can
change the Const.
The activities of political parties
4.

The way in which elections are held, Conventions, etc…
Custom
5.

The President’s Cabinet, being allowed despite the permission of
Congress.
HOMEWORK
Read pages 72-77
 Answer questions 1-6
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

-----------------------------------------------------------In pairs, come up with a list of 10 rights that
YOU believe should be guaranteed freedoms of
all Americans. These should be ‘real’ and not a
joke, be serious and tell me something that really
means a lot! Try not to remember and right
down the Bill of Rights, be creative and think of
your own!
AMENDMENTS

The Bill of Rights:
The first 10 amendments that set out the great
constitutional guarantees of freedom and expression.
 These 10 rights were essential to the Constitution and
became necessary for most in order to ensure that everyone
has basic rights


Do you think the Constitution could stand by itself without the
Bill of Rights or Amendments?
BILL OF RIGHTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Freedom of religion, speech, press, assembly, petition
Right to bear arms
Lodging troops in private homes
Search, seizures, proper warrants
Criminal proceedings, due process, eminent domain
Criminal proceedings
Jury trials at civil cases
Bail; cruel or unusual punishment
Unenumerated rights
Powers reserved to the states
BILL OF RIGHTS
Basic freedoms:
1.
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Enables you to follow any religion you want, but, must have a
separation of Church and State.
Enables you to say what you want, print what you want (within
reason) and to assemble

Town hall meetings – we the people protest in Peoria
To have guns:
2.
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Enables you to carry a weapon (with a permit and legally)
Protection from lodging troops:
3.
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Nobody shall be allowed to house troops without the consent of
the owner
Protection from illegal search and seizures
4.
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Protects you from anyone searching your property without a
proper warrant.
Enables you to be secure
BILL OF RIGHTS
5.
Right to due process and self incrimination

No one will have to incriminate your self in
someone else’s case. So without being indicted
yourself, you don’t have to say what you did

6.
Right to a speedy trial, with rights and a
counsel
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7.
I’ll take the fifth!
You are allowed to have a quick speedy trial with a
counsel (lawyers) of your choice.
Civil trial by a jury

You have to right to a trial with a jury in any case
that exceeds $20.
BILL OF RIGHTS
8.
Prohibits cruel and unusual punishment or excessive
bail
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No one is to be tortured or treated harshly
No one is to have a very high bail

9.
Protection of personal rights not in the Bill of Rights

10.
So if you steal a pack of gum, you cannot have a $1 million
bail
Just because a certain right isn’t here in the Bill of
Rights, that doesn’t mean you are denied it.
Powers of states and People

This makes it known that the states and the people are
the most important things in a working Democracy