The Constitution
Constitution
 The body of fundamental laws setting out the
principles, structures, and processes of a government
Preamble
 Actual words: We the people of the United States, in order to
form a more perfection Union, establish justice, ensure 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.
 Meaning: States the goals and purpose of the
constitution.
Legislative Power
 Power to make laws and to frame public policies
Executive Power
 Power to execute, enforce and administer laws
Judicial Power
 Power to interpret laws, determine their meaning,
and to settle disputes that arise within the society.
Bill of Rights
 The first 10 amendments of the constitution;
contains our civil liberties
Miranda Rights
 Constitutional rights - police must read to a suspect
before questioning can occur
 Found in the 5th and 6th Amendments
Establishment Clause
 Prohibits creation of a nat’l religion
 Or allowing one religion to be more important than
another.
 NO ESTABLISHED NATIONAL RELIGION
State Militia
 Citizens who have been trained so they may be called
on in a time of military emergency. Not a part of the
regular armed forces.
 “minutemen”
Double Jeopardy
 Being tried twice for the same crime
Free Exercise Clause
 Guarantees liberty to practice religion without
government interference.
Search Warrant
 Court ordered search to be administered by law
enforcement
Self Incrimination
 Individuals can’t be forced to testify against
themselves.
Due Process of Law
 Agreed upon rules and procedures that keep those in
government from creating their own rules and
procedures, possibly abusing their power
 Rules to keep gov’t in check
Due Process Clause
 From the 5th Amendment: “No person shall be
deprived of life, liberty, or property without due
process of law.”
Grand Jury
 a jury, selected to examine the validity of an
accusation before trial.
Preamble
 Actual words: We the people of the United States, in order to
form a more perfection Union, establish justice, ensure 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.
 Meaning: States the goals and purpose of the
constitution.
Article I
 Actual Words: All legislative powers herein granted shall be
vested in a Congress of the United States, which shall consist of a
Senate and House of Representatives.
 Meaning: Rules and procedures for the Legislative
Branch. Gives Congress the power to make laws.
Determines age for representatives. Explains how
the Senate/House and are arranged and the number
of representatives for each.
Article II
 Actual Words: The executive power shall be vested in a
President of the United States of America. He shall hold his office
during the term of four years, and, together with the Vice President,
chosen for the same term, be elected, as follows… (explanation of the
electoral college follows).
 Meaning: Power belongs to the President and the
Vice President. Gives power to carry out laws made
by congress, appoint ambassadors, judges, other
officials. Make treaties. Leads the armed forces.
Who is President? Who is the Vice President?
Article III
 Actual Words: The judicial power of the United States, shall be
vested in one Supreme Court, and in such inferior courts as the
Congress may from time to time ordain and establish. The judges,
both of the supreme and inferior courts, shall hold their offices during
good behaviour, and shall, at stated times, receive for their services, a
compensation, which shall not be diminished during their continuance
in office.
 Meaning: Creation of the Judicial Branch. Decides
whether laws are constitutional and determines the
outcome of appeals from lower courts. Gives term
length for supreme court judges (life).
*appeals: a request from a lower court for a higher court
to reverse a decision.
Article IV
 Actual Words: Full faith and credit shall be given in each state
to the public acts, records, and judicial proceedings of every other
state. And the Congress may by general laws prescribe the manner in
which such acts, records, and proceedings shall be proved, and the
effect thereof.
 Meaning: Laws and legal rulings of one state must
be recognized in other states.
Amendment 1
 Freedom of:
 Religion
 Press
 Petition
To
complain to
the government
and request a
change
 Speech
 Assembly
Freedom of Religion
 Establishment Clause – prohibits/stops the
government from creating one national religion
 Free Exercise Clause – freedom to practice any
religion without government interference.
Amendment 1
SPARP
 S – Speech
 P – Petition
 A – Assembly
 R – Religion
 P - Press
First Amendment Issues
 https://www.youtube.com/watch?v=DcK5gSRti4g
 What about in school?
 Tinker vs. Des Moines

Amendment 2
 Right to bear arms
 State Militia - Citizens who have
been trained so they may be called on in a
time of military emergency. Not a part of
the regular armed forces.
Amendment 3
 Prohibits government use of private homes to
quarter (house) soldiers
Amendment 4
 Searches, arrests, and seizures without a warrant or
probable cause.
 Search Warrant - Court ordered search to be administered by law
enforcement
Amendment 5
 Guarantees
 Due Process
 Grand Jury review of case
 Prohibits
 Double Jeopardy
 Self Incrimination
 Eminent Domain
without just compensation
What is Due Process?
 Due Process – “No person shall be deprived of life,
liberty, or property without due process of law.”
 Can you think of a “process” in your shop where you
must follow correct rules and procedures for a safe
outcome?
Amendment 6
 Guarantees
 Speedy Trial
 Public Trial
 Trial by Jury
 Right to Council
 Rights of the Accused
 Criminal Offense
 When an individual is
charged with
committing a crime or
violating a law that
protects another
person’s safety
Miranda Rights
 The 5th and 6th
Amendments both contain
your “Miranda Rights”
 Who was Miranda? –

Ernesto Miranda confessed to
theft, kidnapping, and rape of a
mentally disabled 18-year-old.
 Did not “know” his right to
remain silent or right to
council – and admitted his
guilt.
 Resulted in Miranda vs.
Arizona 1966 Supreme
Court Case
Amendment 7
 Guarantees
 Right to a Civil Trial for
matters $20 or more
 Civil Law Dispute
 Dispute among
individual citizens or
among individual
citizens and government
officials over property or
money.
 Unlike criminal offenses,
the punishment is paying
money
Supreme Court
 What kind of cases does the Supreme Court
examine?
 Civil Cases
 Examples:
Brown
vs. Board (1954)
Roe vs. Wade (1973)
Amendment 8
 Prohibits
 Cruel and Unusual Punishment
 Excessive Bail

Bail – money deposited with the
court, temporarily releases a person
from jail
Cruel and Unusual?
 39 in the US in 2013
 Thousands in China – numbers are unknown
Amendment 9
 Guarantees
 Rights not specifically listed in the constitution
*implied liberties*
Amendment 10
 Guarantees
 Powers of States and People
 DOMA
 Liquor Laws
 Driving Age
Right to Privacy…
 What you do in your home is your business BUT,
being Walter White = not okay.
 Griswold vs. Connecticut (1965)
 Stanley vs. Georgia (1969)
 Roe vs. Wade (1973)
Most recently…
Example: Kim Davis
 Refused to issue marriage liscenses to same-sex
couples, defying SCOTUS case Obergefell vs. Hodges
Obergefell vs. Hodges
 SCOTUS majority
opinion = Banning samesex marriages violated
both the 14th
Amendment’s Due
Process Clause and Equal
Protection Clause.
 Citing Griswold vs. Connecticut, the court ruled that the
14th Amendment’s Due Process clause is extended to certain
personal choices central to individual dignity and
autonomy, including intimate choices that define personal
identity and beliefs
Quiz
1.
No unreasonable searches and
seizures
2.
The Right to have a jury hear your
case in a criminal trial.
3.
Bail, fines, and punishments must
not be excessive.
4.
Did you find a right not listed in the
Constitution? It still belongs to the
people!
5.
You don’t have to house soldiers in
your home during peacetime.
6.
The right to have a jury hear your
case in most civil trials.
7.
If a power isn’t given to the federal
government, it goes to the states or
the people.
8
You have the freedoms of religion,
speech, press; and the right to
assemble peacefully and petition
the government.
9.
The right to own a weapon and use it
for recreational activities such as
hunting or target practice.
10.
The right to keep quiet and not
incriminate yourself.
No unreasonable searches or
seizures
4
The Right to have a jury hear your
case in a criminal trial.
6
Bail, fines, and punishments must
not be excessive.
8
Did you find a right not listed in the
Constitution? It still belongs to the
people!
9
You don’t have to house soldiers in
your home during peacetime.
3
The right to have a jury hear your
case in most civil trials.
7
If a power isn’t given to the federal
government, it goes to the states or
the people.
10
You have the freedoms of religion,
speech, press; and the right to
assemble peacefully and petition
the government.
1
9.
The right to own a weapon and use it
for recreational activities such as
hunting
2
10.
The right to keep quiet and not
incriminate yourself.
5
Article V
 Actual Words:
The Congress, whenever two thirds of both houses
shall deem it necessary, shall propose amendments to this Constitution, or, on
the application of the legislatures of two thirds of the several states, shall call a
convention for proposing amendments….
 Meaning: If an amendment is added to the
constitution, it must be approved by a 2/3rds
majority vote in both the House and Senate. 3/4ths
of states or 3/4ths of the legislature must vote for an
amendment to make it become law.
Article VI
 Actual Words: This Constitution, and the laws of the United
States which shall be made in pursuance thereof; and all treaties
made, or which shall be made, under the authority of the United
States, shall be the supreme law of the land; and the judges in every
state shall be bound thereby, anything in the Constitution or laws of
any State to the contrary notwithstanding.
 Meaning: The Constitution is the supreme, or
highest, law of the land. All federal and state officials
are under oath to support and obey the Constitution.
Article VII
 Actual Words: The ratification of the conventions of nine
states, shall be sufficient for the establishment of this Constitution
between the states so ratifying the same.
 Meaning: Ratifying the constitution, at least 9/13
states voted to put it into law.