The Constitution By: Karissa Stolen and Maddie James.
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Transcript of The Constitution By: Karissa Stolen and Maddie James.
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The ConstitutionBy: Karissa Stolen and Maddie James
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The Preamble
The Preamble is an introductory statement that sets up the reasons for having an American government. It lists the major goals that America should strive for.
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The ArticlesArticle I: outlines Congress legislative powers and how laws are made
Article II: outlines how executive branch is used to carry out laws and how president is elected
Article III: outlines judicial branch, there is only one Supreme Court
Article IV: outlines relations among states, how state and federal governments work
Article V: outlines how to change the Constitution/amendment process
Article VI: Supremacy Clause- laws are supreme law of the land
Article VII: Constitution is in effect after 9 states approve it
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Limited Government
Limited Government is where the national government can only do what the people want it to
Rule of Law: all citizens, must obey every law, no one is above it
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Popular SovereigntyPeople are the ultimate source of any power given to the government and are the ones who form it
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Separation of PowersGovernment was afraid of tyranny, absolute and unlimited power and authority
They separated it into 3 powers:
-Legislative: passes laws
-Executive: president, carries out laws
-Judicial: interprets laws
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Checks and BalancesPrevents one branch from owning the other two branches. It exercises powers over the actions of other branches
Veto power: president checks Congress, ability of refuse to sign congressional bills into law
The branches need the help of at least 2 other branches to take action on something
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Judicial ReviewPower of the courts to decide whether a law or other governmental action violates the Constitution
Unconstitutional: what is declared if justices find that a federal/state law violates the Constitution
Marbury vs. Madison 1803
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Federalism
System in which some powers belong to the national or federal government and others belong to the states
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Natural Rights
Constitution doesn’t give these rights, but you get them from being alive
John Locke, “The inalienable rights of individuals are the basis for any legitimate government.”
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Marbury v. MadisonJefferson was becoming president and Adams wanted to fill positions in his government to lessen his anti-federalist impact.
Commissions were sent out and Marbury didn’t receive one and wanted to sue Madison to force him to deliver the remaining commissions
Filed a Writ of Mandamus. It was declared unconstitutional by John Marshall
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Writ of Mandamus
Order issued by the court to force a government official to act
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Ought versus Shall
Madison refined the typical language and requires the language of “command”
“Shall” tells the government what they MUST do, not what they should do
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Introducing an Amendment
-Two-thirds vote in the Senate and House of Representatives
-Two-thirds of State legislatures may request Congress to call a national amendment convention, proposed to states
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Ratifying amendments
-three-fourths of state legislatures vote in favor of ratification, “traditional”
-states can call special conventions and three-fourths of the states must approve
-Amendments can be repealed, made void
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Commerce Clause
Power to regulate trade among states/foreign countries
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Informal Amending of the Constitution
It’s been changed through custom and usage. Tradition evolves to become written law
-Presidential Cabinet
-Presidents Tenure
-25th amendment, the VP takes over if president dies
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Bill of Rights
First ten amendments, added 1791
-Created basic structure to American government
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Bill of Rights1) Freedom of Speech,
Press, Religion, Petition
-The right to voice your opinion whether that be through speech or written papers.
-The right to believe in whatever you want.
-The right to oppose things you don’t approve of.
2) Right to keep and bear arms
-Your allowed to keep and own guns, if they’re licensed, to protect yourself.
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Bill of Rights3) Conditions for quarters of soldiers
-Without your consent, a solider cannot stay inside your house in time of war or peace.
4) Right of search and seizure regulated
-People cannot search or take any of your things without a warrant or reasonable suspicion for a cause
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Bill of Rights5) Provisions concerning prosecution
-No one can be charged without evidence.
-Can’t be convicted of a crime twice.
-Can’t witness against yourself
-Can’t be deprived of life, liberty, or property
-private property can’t be taken without compensation
6) Right to a speedy trial, witnesses, etc
-Right to every aspect of a fast trial, after the crime (a witness against him, an attorney, a jury)
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Bill of Rights7) Right to a trial by jury
-The bail has to fit the crime
-No trial by a jury can be reexamined
8) Excessive bail, cruel punishment
-Excessive bail/fines are not allowed
-Cruel and unusual punishments cannot be put into action
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Bill of Rights9) Rule of construction of Constitution
-You have other rights that aren’t in the Constitution
-The Constitution couldn’t write down every right people have, and this is what protects all of the other rights
10) Rights of states under the Constitution
-There are powers given to the states/people aside from the national government not specified in the Constitution
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• Overall, this is a solid job, you have a few that are not completely accurate (see slides) and a couple that need a bit more explanation. Solid job
• 65/75