us constitution and bill of rights us government

US Constitution and US Constitution and Bill of RightsBill of Rights

US GovernmentUS Government

ConstitutionConstitution The US Constitution has The US Constitution has 33 major parts:major parts: 1) Preamble1) Preamble 2) Articles2) Articles 3) Amendments3) Amendments

The US Constitution is The US Constitution is divideddivided into: into: 1) Articles1) Articles 2) Sections2) Sections 3) Clauses3) Clauses

Preamble:Preamble: The introduction of the Constitution. It The introduction of the Constitution. It states the goals of the document.states the goals of the document.

Article I: The Legislative Branch Article I: The Legislative Branch (Makes the Laws)(Makes the Laws)

Congress - 2 housesCongress - 2 houses Quorum:Quorum: A majority of the members. A majority of the members.

A quorum must be present to carry A quorum must be present to carry the work of each house.the work of each house.


House of House of RepresentativesRepresentatives

25 years old/ US 25 years old/ US Citizen for 7 years/ Citizen for 7 years/ Resident of the stateResident of the state

2 year term2 year term Representation is Representation is

based on populationbased on population Presiding officer is the Presiding officer is the

Speaker (of the Speaker (of the House)House)


SenateSenate 30 years old/ US 30 years old/ US

Citizen for 9 years/ Citizen for 9 years/ Resident of the StateResident of the State

6 year term6 year term 1/3 of the Senators are 1/3 of the Senators are

elected every 2 yearselected every 2 years Presiding Officer is the Presiding Officer is the

Vice PresidentVice President President Pro Tempore President Pro Tempore

serves when the VP is serves when the VP is absentabsent


Powers granted to Congress Powers granted to Congress (Delegated Powers)(Delegated Powers)

1) Establish and collect taxes1) Establish and collect taxes2) Borrow money2) Borrow money3) Regulate interstate and foreign trade3) Regulate interstate and foreign trade4) Establish naturalization laws4) Establish naturalization laws5) Coin money, set weights and measures5) Coin money, set weights and measures6) Establish punishment for counterfeiting6) Establish punishment for counterfeiting7) Establish post offices7) Establish post offices8) Issue patents and copyrights8) Issue patents and copyrights


Powers granted to Congress Powers granted to Congress (Delegated Powers)(Delegated Powers)

9) Establish federal courts9) Establish federal courts10) Punish for piracy10) Punish for piracy11) Declare war11) Declare war12-14) Establish and regulate an army and navy12-14) Establish and regulate an army and navy15-16) Govern a militia (National Guard)15-16) Govern a militia (National Guard)17) Establish and govern the District of Columbia17) Establish and govern the District of Columbia18) 18) Elastic Clause:Elastic Clause: Congress has the power to make Congress has the power to make

all laws necessary and proper to carry out its all laws necessary and proper to carry out its duties (Unpredictable futuristic laws).duties (Unpredictable futuristic laws).

Article II: The Executive Branch Article II: The Executive Branch (Enforce the Laws)(Enforce the Laws)

President - head of the President - head of the Executive BranchExecutive Branch

Native born/ 35 years old/ US Native born/ 35 years old/ US Resident for 14 yearsResident for 14 years

4 year term4 year term Salary is $400,000Salary is $400,000 Powers: Commander in Chief, Powers: Commander in Chief,

pardons, treaties, pardons, treaties, appointmentsappointments

Election Day: the first Election Day: the first Tuesday, after the first Tuesday, after the first Monday, in November, every Monday, in November, every four years.four years.

Vice President – presides over Vice President – presides over the Senate. Takes over the Senate. Takes over presidency if the President presidency if the President dies, resigns, etc.dies, resigns, etc.

Article III: The Judicial BranchArticle III: The Judicial Branch(Judge/Interpret the Laws)(Judge/Interpret the Laws)

Supreme Court – the Supreme Court – the highest court in the U.S.highest court in the U.S.

Decides if laws are Decides if laws are Constitutional (legal under Constitutional (legal under the Constitution)the Constitution)

JudgesJudgesTerm of office – LifeTerm of office – LifeEight Justices totalEight Justices totalOne Chief JusticeOne Chief Justice

Treason – the crime of Treason – the crime of aiding an enemy of the U.S. aiding an enemy of the U.S. It is the only crime listed in It is the only crime listed in the Constitution.the Constitution.

Article IV: Relation of the States to Article IV: Relation of the States to Each OtherEach Other

Full Faith and Credit Clause - actions Full Faith and Credit Clause - actions of any state must be recognized in all of any state must be recognized in all other states.other states.

Extradition – criminals fleeing a state Extradition – criminals fleeing a state must be returned to the state where must be returned to the state where they committed the crime.they committed the crime.

Article V: How Amendments are Article V: How Amendments are MadeMade

Amendments must be proposed by Amendments must be proposed by 2/3 vote in each house or the states.2/3 vote in each house or the states.

3/4 of the states must approve the 3/4 of the states must approve the amendment.amendment.

Article VI: General ProvisionsArticle VI: General Provisions

Supreme Law of the Land – the Supreme Law of the Land – the Constitution, US treaties, and federal Constitution, US treaties, and federal laws overrule state laws when there laws overrule state laws when there is a conflict.is a conflict.

Article VII: RatificationArticle VII: Ratification

The Constitution became the law of The Constitution became the law of the land when it was ratified by 11 of the land when it was ratified by 11 of the 13 states in March 4, 1789. The the 13 states in March 4, 1789. The last two states (N.C. and R.I.) did last two states (N.C. and R.I.) did eventually ratify the Constitution in eventually ratify the Constitution in 1789 and 1790. 1789 and 1790.

Bill of RightsBill of Rights The first ten amendments to The first ten amendments to

the Constitution (the Bill of the Constitution (the Bill of Rights) were added in Rights) were added in December of 1791, a year December of 1791, a year after the ratification.after the ratification.

1st Amendment (1791) –1st Amendment (1791) –

Freedom of Religion Freedom of Religion

SpeechSpeech

PressPress

AssemblyAssembly

PetitionPetition

Bill of RightsBill of Rights

2nd (1791) – Right 2nd (1791) – Right to bear armsto bear arms

3rd (1791) – Limits 3rd (1791) – Limits the quartering of the quartering of troopstroops

4th (1791) – Limits 4th (1791) – Limits unlawful searches unlawful searches and seizuresand seizures


4th (1791) – Limits unlawful searches and 4th (1791) – Limits unlawful searches and seizuresseizures

Illegal Search & SeizureIllegal Search & Seizure Must have probable cause Must have probable cause (what constitutes (what constitutes

probable cause?)probable cause?)

Search Warrants:Search Warrants: Must be court issuedMust be court issued Must explain why search is taking placeMust explain why search is taking place Must tell what is to be taken or searchedMust tell what is to be taken or searched Must state where the search is to take placeMust state where the search is to take place

Bill of RightsBill of Rights 5th (1791) – The right to due process of law5th (1791) – The right to due process of law 5 Rights5 Rights

Grand JuriesGrand Juries Is there enough evidence to hold a trialIs there enough evidence to hold a trial

Double JeopardyDouble Jeopardy Prevents people from being tried twice for same crime.Prevents people from being tried twice for same crime.

Self IncriminationSelf Incrimination Can not be forced to say anything that would convict Can not be forced to say anything that would convict

yourself of a crime.yourself of a crime. Due ProcessDue Process

Can not take a person’s life, freedom, or property.Can not take a person’s life, freedom, or property. Eminent DomainEminent Domain

The govt. can take a person’s property for the benefit of The govt. can take a person’s property for the benefit of the public. The govt. must pay a fair price for the property.the public. The govt. must pay a fair price for the property.


6th (1791) – Right to a speedy trial, 6th (1791) – Right to a speedy trial, including the right to be represented by a including the right to be represented by a lawyerlawyer

Rights of the AccusedRights of the Accused Must be told what you are being tried forMust be told what you are being tried for Must be given a prompt trial in publicMust be given a prompt trial in public Guilt or innocence must be decided by a jury of Guilt or innocence must be decided by a jury of

the area of the crimethe area of the crime Accused has right to be present when witnesses Accused has right to be present when witnesses

speakspeak Accused has right to lawyerAccused has right to lawyer


7th (1791) – Jury trial in civil cases 7th (1791) – Jury trial in civil cases ($20 or more).($20 or more).

Right to Trial by Jury (in civil cases)Right to Trial by Jury (in civil cases) 66thth Amendment protects trial by jury in Amendment protects trial by jury in

criminal casescriminal cases The 7The 7thth Amendment protects trial by jury Amendment protects trial by jury

in civil casesin civil cases Auto accidents, unpaid bills, emotional stressAuto accidents, unpaid bills, emotional stress Must involve more than $20Must involve more than $20

Bill of RightsBill of Rights 8th (1791) – Forbids unfair 8th (1791) – Forbids unfair

bail, fines, and cruel and bail, fines, and cruel and unusual punishmentunusual punishment

Bail and PunishmentBail and Punishment No unusually large bailNo unusually large bail No cruel or unusual No cruel or unusual

punishmentpunishment

Bail =to grant or obtain the Bail =to grant or obtain the liberty of (a person under liberty of (a person under arrest) on security given arrest) on security given for his or her appearance for his or her appearance when required, as in court when required, as in court for trial. for trial.


9th (1791) – Citizens 9th (1791) – Citizens are entitled to rights are entitled to rights not listed in the not listed in the ConstitutionConstitution Other RightsOther Rights

Not only are those Not only are those listed in the Bill of listed in the Bill of Rights the rights Rights the rights allowed. allowed.

Right to PrivacyRight to Privacy Govt. can only do what Govt. can only do what

is allowed by the is allowed by the Constitution.Constitution.

10th (1791) – Powers not 10th (1791) – Powers not granted to the National Gov. granted to the National Gov. nor prohibited to the states nor prohibited to the states are reserved to the states are reserved to the states and to the people (Reserved and to the people (Reserved Powers)Powers)

States RightsStates Rights The States & people The States & people

have all the powers have all the powers that are not that are not specifically given to specifically given to the federal govt. or the federal govt. or denied to the states denied to the states by the Constitution.by the Constitution.

AmendmentsAmendments 11th (1798) – Rules for 11th (1798) – Rules for

lawsuits against stateslawsuits against states Citizens of other Citizens of other

States or foreign States or foreign countries cannot sue a countries cannot sue a State in federal court State in federal court without its consent!without its consent!

12th (1804) – New way 12th (1804) – New way of electing the of electing the President and Vice President and Vice President (Run as a President (Run as a team)team) Electoral College cast Electoral College cast

separate ballots for separate ballots for President & VP.President & VP.

Candidates must live in Candidates must live in different States.different States.

VP must receive more VP must receive more than half the electoral than half the electoral votes votes

Same qualifications for Same qualifications for VP as for PresidentVP as for President

AmendmentsAmendments 13th (1865) – Abolished 13th (1865) – Abolished

slavery in the U.S.slavery in the U.S.Slavery is Illegal in U.S.Slavery is Illegal in U.S.

14th (1868)- 14th (1868)- 1414thth Amendment = Civil Amendment = Civil

Rights in the StatesRights in the States Everyone born or Everyone born or

Naturalized in the U.S. is a Naturalized in the U.S. is a citizen of the U.S. and the citizen of the U.S. and the State he/she lives in.State he/she lives in.

States cannot makes laws States cannot makes laws denying citizens the rights denying citizens the rights afforded to themafforded to them

All people except untaxed All people except untaxed Indians are counted Indians are counted towards representation in towards representation in CongressCongress

15th (1870) – Granted 15th (1870) – Granted voting rights for ex-slavesvoting rights for ex-slaves

15th Amendment = Black Suffrage

U.S. or States cannot use race to prevent any citizens from voting.

1616thth Amend. (1913) = Income Amend. (1913) = Income TaxesTaxes

Establishes an Income TaxEstablishes an Income Tax

AmendmentsAmendments

17th (1913) – Direct 17th (1913) – Direct election of Senators election of Senators by the peopleby the people

FAIL-------------------FAIL------------------- 18th (1919) – National 18th (1919) – National

Prohibition- banning Prohibition- banning the sale of alcoholthe sale of alcohol

19th (1920) – Granted 19th (1920) – Granted women the right to women the right to votevote


20th (1933) – “Lame 20th (1933) – “Lame Duck” sets the date Duck” sets the date when the President when the President and Vice President and Vice President term in office beginsterm in office begins

21st (1933) – Repeals 21st (1933) – Repeals the 18th Amendment- the 18th Amendment- National ProhibitionNational Prohibition

22nd (1951) – Limits 22nd (1951) – Limits the President to two, the President to two, 4 year terms4 year terms


23rd (1961) – Gives the people in the 23rd (1961) – Gives the people in the District of Columbia the right toDistrict of Columbia the right to

vote for the President (Electoral College)vote for the President (Electoral College) 24th (1964) – Forbids having to pay a 24th (1964) – Forbids having to pay a

“poll tax” to vote“poll tax” to vote 25th (1967) – Established Presidential 25th (1967) – Established Presidential

SuccessionSuccession (Vice President -> Speaker of the House (Vice President -> Speaker of the House

-> Pres. Pro Tempore -> Cabinet)-> Pres. Pro Tempore -> Cabinet)


26th (1971) – Sets 26th (1971) – Sets the voting age at the voting age at 18 years old18 years old

27th (1992) – 27th (1992) – Prohibits midterm Prohibits midterm congressional pay congressional pay raisesraises

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