U.S. Constitution
Handbook
Chapter 8.5 Created By: Ruben Garcia
Vocabulary to know:
• Popular Sovereignty- a
government in which the
People rule.
Congress- National Legislature of the U.S.
•House of
Senate- Upper house Representatives- Lower
of Congress house of Congress
1. Bill- a proposed law
2. Checks and Balances-
Provisions of the Constitution
that keep one branch of the
government from gaining too
much power.
3. Limited Government- principle
that requires all U.S. citizens to
obey the law.
4. Enumerated powers- Powers
specifically listed in the
Constitution.
5. Impeachment- formal
accusation of wrongdoing by a
public official.
6. Electoral college- electors
chosen by the state to elect the
president and vice-president.
7. Affirmation- oath (promise)
made by the President before
becoming President.
8. Succession- order in which the
office of the president is filled if
it becomes vacant before an
election.
9. Veto power- formal rejection
of a bill by the President.
10. State of the Union Address-
message delivered by the
president each year.
11. Reprieve- delays or
cancellations of punishments.
12. Supreme Court- The highest
federal court in the United
States.
13. 25th amendment- set up
clearer the procedures for
presidential succession.
14. Judicial Review- the
supreme court reviews laws
passed by congress and
determines if it violates the
constitution or not.
15 Amendment- A formal
change to the U.S.
Constitution.
Vocabulary Review
• Bill • Succession
• Checks and • Veto power
Balances • State of the Union
• Limited Address
Government • Reprieve
• Enumerated • Supreme Court
Powers • Amendment
• Impeachment • Judicial Review
• Electoral College • 25th Amendment
• Popular • Congress
Sovereignty
• Affirmation
6 Goals
7_ _ _ _ _ _ _
27
__________
Table of Contents
• Preamble
• Seven Principles of the Constitution
• Article 1- The Legislature Branch
• Article 2- The Executive Branch
• Article 3- The Judiciary Branch
• Article 4- Relations among States
• Article 5- Amending the Constitution
• Article 6- Supremacy of the National Government
• Article 7- Ratification
• Bill of Rights
Preamble to the Constitution
We the People of the United States, in
Order to form a more perfect Union,
establish Justice, insure 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.
Preamble Translation
in Order to form a Create a nation in which states
more perfect Union work together.
establish Justice Set up and enforce fair laws.
insure domestic Keep peace within the country.
Tranquility
provide for the Protect the country against
common defense attacks.
promote the general Ensure the well-being of the
Welfare people.
secure the Blessings Make sure future citizens
of Liberty to ourselves remain free.
and our Posterity
Documents that influenced the
Constitution
•1215- Magna Carta– Document guaranteeing
basic political rights in England.
•1500s- Great Law of Peace– Constitution for
6 Native American Tribes, written between
1000 to 1500.
• 1689- English Bill of Rights--laid out basic
civil and political rights through the act. It
also sets requirements of the King to seek
the consent of the people through
parliament.
Popular
Sovereignty
Individual
Rights Federalism
Separation The foundation of the
United States Checks and
of Powers Constitution. Balances
Limited
Republicanism
Government
Popular Sovereignty
• The Constitution rests on the idea
that people rule.
• As the Nation grew more people
were allowed to participate in
government.
Republicanism
• Gives people a voice in
government through the
voting process.
• People elect representatives to
speak for them.
Federalism
• System in which power is
divided between the
National and State
governments.
• Sharing power ties the
American people together.
Separation of Powers
• Used to prevent too much
power in one group.
• Government is divided into 3
Branches.
• No one branch is given all
the power.
Checks and Balances
• Each branch can control the
other branches.
• Used to make the branches
work together fairly for the
good of the U.S.
Limited Government
• Prevents abuse of power.
• Rule of Law- EVERY citizen
must obey the law.
• Individuals or groups cannot
twist or bypass the law to
serve their own interests.
Individual Rights
• Personal liberties and
privileges each citizen is born
with.
• Bill of Rights shield people
from an overly powerful
government.
Checks and Balances
Rapid Review
1. What are the 7 principles of
Government?
2. How does the Constitution
reflect the principle of
separation of Powers?
3. Why did the Framers include a
system of checks and
balances in the Constitution?
Federal office terms and
requirements
Position Term Min. Age Residency Citizenship
State in
Representative 2 Years 25 which 7 Years
elected
State in
Senator 6 Years 30 which 9 years
elected
14 years in
President 4 Years 35 Natural born
the U.S.
Supreme
Court Unlimited None None None
Justice
Article 1: The Legislature
Powers of the Legislative Branch
• May introduce a bill, either
House may do so.
• Congress retains the power to
tax, to borrow money, and to
set up courts.
• They are also given control of
the military.
Elastic Clause
• Congress is also given the power to
do what is “necessary and proper.”
• The elastic clause allows future
generations to expand the meaning
of the Constitution.
• Congress can take action on issues
not spelled out in the Constitution.
1787 Today
13 states 50 states
Agricultural economy Industrial economy
Rural population of 4 million Urban population of over 300 million
The House of
Reps Committee The House of
introduces a Reps./ Senate
bill.
may
approve, debates and votes
The Senate on its version of the
introduces a rewrite, or
bill. kill the bill. bill.
Both House and
Senate pass
House and Senate
the Final
committee members
version to the
workout the differences
President.
between the two bills.
Bill
2/3rds majority vote of becomes
Congress is needed to Law
approve a vetoed bill.
Article 2: Executive Branch
Powers of the Executive Branch
• The power of the executive branch
belong to the President.
• The President is commander-in-
chief of the U.S. military.
• The President appoints the Cabinet
and oversees the various agencies
and departments of the federal
government.
Article 3: The Judiciary Branch
Powers of the Judiciary Branch
• The judicial branch hears cases that
challenge or require interpretation
of the legislation passed by
Congress and signed by the
President.
• It consists of the Supreme Court and
the lower federal courts.
• Appointees to the federal bench
serve for life or until they
voluntarily resign or retire.
Supreme Court Cases to know
• Marbury vs Madison- 1803, established
the power of Judicial Review.
• McCulloch vs. Maryland- 1819, States had
no authority to tax federal agencies.
• Gibbons vs. Ogden- 1824 federal
Congress-not states- had the power to
regulate interstate commerce.
• Dred Scott vs. Sandford- 1857, African
Americans were property, not citizens
and could not seek protection from the
Constitution.
Article 4: Relation Among States
National Powers
1. Maintain the military
2. Declare WAR!
3. Establish postal service
4. Set weights and measures
5. Protect copyrights and
patents
Shared
Powers
1. Collect Taxes
2. Establish courts
3. Regulate interstate commerce
4. Regulate banks
5. Borrow money
6. Provide for the general
welfare
7. Punish criminals
State Powers
1. Establish local (city)
government
2. Set up schools
3. Regulate state commerce
4. Sets ups laws on marriage
5. Makes laws for businesses/
corporations
Article 5: Amending the Constitution
Proposing Amendments Ratifying Amendments
2/3 state
Legislatures’ ¾ approval of ¾ approval at
2/3 vote from
call for a state a state
Congress
national Legislatures convention
convention
• The amendment process allows the
Constitution to adapt to modern times.
Article 6: Supremacy of the National
Government
• The Constitution, National Laws,
and treaties are the supreme , or
highest law of the Land.
• All government officials must
promise to support the
Constitution.
• The authority of federal laws over
state laws helps keep the nation
unified.
Article 7: Ratification
• 1. 9 of 13 states had to ratify
or approve the Constitution
before it can go into effect.
• 2. The approval of the
Constitution launched a new
plan of government still
followed today.
Bill of Rights
• 1st ten amendments to the
Constitution.
• Protects individual rights.
• Required by the Anti-
Federalists in order to ratify
the Constitution.
Personal Rights
• Congress can NOT create
any laws that infringe on
you rights of: Speech,
Religion, Petition,
Assembly, and of the Press.
Owning a Gun
• The second amendment
involves the question of who
can bear Arms?
• It simply states that the
states have the right to a
militia i.e. National Guard is
guaranteed.
• The right of citizens to keep
weapons to resist any harm is
also protected.
Arguments against gun control
• The Battles of
Lexington and
Concord were about
Gun Control!
• WHEN GUNS ARE
OUTLAWED ONLY
OUTLAWS WILL
HAVE GUNS
• Tyrants like their
subjects unarmed
Quartering troops
• The purpose of this amendment is
that while soldiers were at war and
they needed a place to stay, they
had the right given to them by the
government to stay at any citizens
house they wanted to for shelter.
• No soldier shall in times of peace
be placed in any house without the
consent of the owner.
Search and Seizure
• protects the people
from the government
improperly taking
property, papers, or
people, without a
valid warrant based
on probable cause
(good reason).
Rights of the Accused
• No person shall be held to answer
for any crime, unless with an
indictment of a Grand Jury.
• No person may be tried for the
same offence twice (Double
Jeopardy)
• No person can be forced to testify
against themselves.
• Life, liberty, or property, can not
be taken without due process of
law (Court)
• Private property can not be taken
for public use, without fair
payment.
Criminal Prosecution
• Trial by jury and rights of
the accused;
Confrontation Clause,
speedy trial, public trial,
right to counsel, impartial
jury
Civil Court
• 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 re-
examined in any court of the
United States, than according to
the rules of the common law.
Death Penalty
• Excessive bail shall not be
required, nor excessive
fines imposed, nor cruel
and unusual punishments
inflicted.
• The Fourteenth Amendment to the
U.S. Constitution guarantees that no
citizen will be denied their life,
liberty, or property without the due
process of law. And the Eighth
Amendment protects us from cruel or
unusual punishments.
• But despite these constitutional
assurances and mounting evidence
that innocent people have been
executed for crimes they did not
commit, our government continues
to hasten the death of hundreds of
inmates
Rights of the People
• Other rights aside from
those listed may exist, and
just because they are not
listed doesn't mean they can
be violated.
• They belong to the
People!
Rights of the State
• Any power not
granted to the
federal government
belongs to the states
or to the people.
Civil war Amendments
• The 13th Amendment abolished
slavery in the entire United States.
• The 14th Amendment ensured that
all citizens of all states enjoyed not
only rights on the federal level, but
on the state level, too.
• The 15th Amendment ensures that
race cannot be used as a criteria for
voting.
People who are willing
to give up FREEDOM
for SECURITY deserve
NEITHER!