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Lesson 6 Constitution

wARM uP

  • wHAT SORTS OF THINGS DO YOU EXPECT TO FIND IN THE coNSTITUTION?
  • WHICH AMENDMENTS ARE THE MOST FAMOUS?
  • HOW WELL DO YOU KNOW YOUR OWN COUNTRY'S CONSTITUTION?

What is a constituion?

https://youtu.be/EeWfe2eZ_CI

PICTURES

Key factors

It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia, presided over by George Washington.

Articles of confederation

some fun facts

some fun facts

1. The U.S. Constitution was prepared in secret, behind locked doors that were guarded by sentries.

Fact 2

Established on November 26, 1789, the first national “Thanksgiving Day” was originally created by George Washington as a way of “giving thanks” for the Constitution.

Fact 3

More than 11,000 amendments have been introduced in Congress. Thirty three have gone to the states to be ratified and twenty seven have received the necessary approval from the states to actually become amendments to the Constitution.

fact 4

Rhode Island was the only state that refused to send delegates to the Constitutional Convention and was the last state to ratify the Constitution (May 29, 1790).

Fact 5

The U.S. Constitution is the shortest governing document of any nation today, and contains only 7 articles and 27 amendments. It is also the oldest; Norway’s comes in second and was codified in 1814.

The usa and territories

the constitution

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 defence, 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.

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Explaination

If you only remember three words of the Constitution, they should probably be "We the People." Those first three words of the Preamble establish the most important concept of American government, the idea (known as "popular sovereignty") that all government power derives only from the consent of the people. "We the People" created this Constitution to establish a government (in Abraham Lincoln's famous words) "of the people, by the people, for the people."

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The big 6

The Six Big Ideas are:

  • limited government.
  • republicanism.
  • checks and balances.
  • federalism.
  • separation of powers.
  • popular sovereignty.

Republicanism

The term republicanism was used by James Madison in the Federalist Papers in order to illustrate the concept of a nation overseen by a governing body that was not only appointed by its citizens, but perpetually motivated by the interests of those same citizens.

Contrary to the methodology of a monarchy – or any other form of totalitarian ruling body – James Madison outlined republicanism as a political archetype in which citizens were not only given the opportunity to choose their own central government, but were also given the opportunity to choose to allow themselves to be governed.

https://constitution.laws.com/federalist-papers/republicanism

Federalism

Federalism is one of the most important and innovative concepts in the U.S. Constitution, although the word never appears there. Federalism is the sharing of power between national and state governments. In America, the states existed first, and they struggled to create a national government. The U.S. Constitution is hardwired with the tensions of that struggle, and Americans still debate the proper role of the national government versus the states. Chief Justice John Marshall, the longest-serving leader of the Supreme Court, noted that this question “is perpetually arising, and will probably continue to arise, as long as our system shall exist.”

http://www.pbs.org/tpt/constitution-usa-peter-sagal/federalism/#.WfrnwWhSzcs

The bill of rights

The first 10 Amendments

The bill of rights

The first 10 amendments to the Constitution make up the Bill of Rights. Written by James Madison in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power. The Virginia Declaration of Rights, written by George Mason, strongly influenced Madison.

One of the many points of contention between Federalists and Anti-Federalists was the Constitution’s lack of a bill of rights that would place specific limits on government power. Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty.

https://www.billofrightsinstitute.org/founding-documents/bill-of-rights/

1st

1st

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The government may not set an official state religion.

It also may not keep people from having freedom of religion, freedom of speech, freedom of the press, freedom of assembly, or the right to petition the government to fix problems.

#2

Amendment II

A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

Says that because militias are needed to keep the country safe, Americans have the right to have weapons.

#3

Amendment III

No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Makes it illegal for soldiers to stay in private homes during peace times without the owners' permission.

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Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Police must have a good reason to search a person's property or take their property.

First, they must go to a neutral judge, show that they have evidence against the person, and explain how they think the search would help.

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Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

The government may not just take a person's home or land without paying them.

Before a person is charged with a crime, a grand jury must agree that there is enough evidence to send him to trial. The person has due process rights. He does not have to say anything that would make him seem guilty. If he is found not guilty once, he cannot be tried again for the same crime.

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Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

When a person is charged with a crime, they have a right to a fair, quick trial, decided by a jury.

The trial must be public (not secret). They have the right to be told what they are being charged with;

ask their accuser questions; call witnesses to testify for them; and get a lawyer.

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Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

People have the right to a trial by jury in some lawsuits.

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Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Makes it illegal to give people cruel and unusual punishments, or very large fines or bail

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Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Says that the Constitution did not include every right that Americans have.

If rights were not listed in the Constitution, that does not mean that Americans do not have those rights.

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Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Says that the federal government only has the powers that the states or the Constitution gave to it.

The states have power over everything that was not assigned to the federal government in the Constitution.

Other important amendments

Other important amendments

13th- Made slavery illegal in the United States.

Also made involuntary servitude (being forced to work, often for very little pay) illegal, except as punishment for a crime. 1865

14th- Promises due process rights before taking away "life, liberty, or property" (the Due Process Clause).

Promises the country will give everyone "the equal protection of the laws" (the Equal Protection Clause).

Says that all people born in the U.S. or naturalized here are citizens.

Also deals with post-Civil War issues. 1868

more

15th- Gave African-Americans and ex-slaves the right to vote.

Orders that no one should be unable to vote because of their race, skin color, or having been a slave in the past. 1870

18th- Made it illegal to make or sell alcohol in the United States.

Repealed on December 5, 1933. 1919

19th- Gives women the right to vote. 1920

CONVO

  • What was the primary aim of the framers of the Constitution in creating that document?
  • Why did they think it was necessary?
  • What did they hope to accomplish?
  • What did they hope to avoid?
  • Overall, do you think they were successful?
  • Why or why not?
  • Are the powers of the federal government adequately limited?
  • Are those in power mindful of the fact that “the people” are the source of their power?
  • How do the people assert their will?
  • Other than in elections?
  • To what extent does public opinion shape government? To what extent does government (the president , Congress) shape public opinion?

The big questions

OPEN CONVO

Why do you think the US government doesn't do more about guns?

Do you think it's important for a country to have a strong military? Why or why not?

The US has one lawyer for every ten people. Why do you think this is?

Ronald Regan said: “Government is not the solution to our problem. Government is the problem.” Do you agree with him?

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