Chapter 3:

The Constitution of the

United States of America
Why Does the Constitution Matter?
The Constitution matters for these
reasons:
 It is the law of the land

 Stable government for 220+

years with only minor changes

required
 There are (3) parts to the
Constitution
1. The Preamble – lays out the
purpose and introduces the
Constitution
2. The 7 Articles – the substance
of governmental law
3. 27 Amendments
Uncle Sam needs
you to study harder!
The Preamble--An introductory statement which sets
forth the general purposes of the American government:

“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.”
 We the people of the United States,

r t y
l a gn
p u ei
o r
P ove
S

We the citizens of America

 In Order to
form a more
perfect Union,
Want to join together perfectly

Examples: Interstate road network

U.S. Coins, paper money.
establish justice,
Create fairness
for everyone

Examples: Court system, trial by jury

insure domestic tranquility

guarantee peace at home

Examples: National Guard, Federal Marshals,
FBI
provide for the common defense

Make sure we are safe from

attack, here or overseas

Examples: Army, Navy, Air Force, Marines

 promote the general welfare, and

Support the
health of all
Americans

Examples:
Safety in workplace, aid to the poor, Food and
Drug Administration (testing new meds.)
secure the blessings of liberty
to ourselves and our posterity,

and protect the blessings of freedom to

ourselves and those who follow us
Examples: Uphold the Bill of Rights for all
do ordain and establish this
Constitution for the
United States of America.

Do set forth and create this Constitution for the

United States of America.
 The Seven Articles
I. The Legislative Branch
II. The Executive Branch
III. The Judicial Branch
IV. Relations Among States
V. The Amendment Process
VI. National Debts, National
Supremacy, Oaths of Office
VII. Requirements for Ratification
The 8 Basic Principles of the
Constitution
 Popular
1. _________ Sovereignty
___________
 People
The _____________ hold the ultimate authority
 The People have the POWER
 We elect leaders to do the will of the people
 The first 3 words of the Preamble to the
Constitution are:
We
_________ The
____ People
____________
 Limited
2. ________ Government
____________
 Framers wanted to guard against tyranny
 Government is limited to the power it is given by the
Constitution. (The national gov. CAN ONLY do what
the Constitution says it can do.)
 Aka as the RULE OF LAW
 For Example: The Constitution tells how leaders who
overstep their power can be removed.

Richard Nixon:
involved in the Watergate
scandal
3. _____________________
Separation of Powers

No one holds “too much” power

3 branches of government
Each branch has specific role
4. ___________________
Checks and Balances
Prevents the abuse of power in
government by one branch
Each branch has the power to check or
override another branch
Each branch is not totally independent of
the others
 An example of checks and
balances
Legislative Branch Makes a law.
Executive Branch Sign or veto the law
Judicial Branch Can declare law
unconstitutional
 Judicial Review
5. ________________
 Courts may

determine whether
or not what the
President or
Congress does is
Constitutional
5. Judicial Review
 If the court declares an

act unconstitutional,
the act is not a law
 Federalism
6. ______________
The division of power between the National
Government and the states. (10th
amendment)
The states and the national government are
like partners in governing.
The National Government has the “supreme
power”- (Supremacy Clause)
The national government is given certain
powers by the Constitution…whatever is left is
power for the states to use
7. _Flexibility
______________
1. We can add or change the Constitution when
it is necessary.
-It is said the Constitution is a living document
because it can be changed.
-There are 27 amendments or changes
currently in the Constitution.
-If something needs to be changed than there is a
process to change our government.

2. Also, there is clause in the Constitution called the

Elastic Clause
_______ _______ (Article I Section 8 Number 18)
this says that Congress has the authority to do what is
necessary and _______
_________ proper to carry out its specific
powers.
 Elastic Clause Example
-In the Constitution, its says that Congress
has the power to create an army and a navy.

-It says nothing about the creation of an air

force.
Why do you think this is?

Congress has created an Air Force using the

elastic clause of the Constitution because it
is necessary and proper for our defense.
8. ____________________
Individual Rights

The Bill of Rights specifically is written to

protect the individual rights of the U.S. citizen
against the government.
 Which Principle?
1. In the Constitution, the first words are, “We
the People…” Which Principle does this
apply to?

Answer: Popular
Sovereignty
 Which Principle?
2. The United States Senate approves all
treaties made by the President with other
countries?

Answer: Checks and Balances

 Which Principle?
3. Americans have the right to practice
whatever religion they wish?

A: Individual Rights
 Which Principle?
4. The government cannot make up laws
as it goes along.

A: Limited Government
 Which Principle?
5. The United States, after the Civil War,
passed the 13th amendment to ban slavery.
Originally, when the United States wrote the
Constitution, slavery was permitted. Now
under the 13th amendment it is officially
banned.

A: Flexibility
 Which Principle?
6. The national government issues a
national currency. Meanwhile states use
this money to collect state taxes

A: Federalism
 Which Principle?
7. The United States took Montesquieu’s
advice and has 3 branches of government.

A: Separation of Powers
 Which Principle?
8. The President of the United States
decides that “certain” U.S. states will not be
allowed to vote in the next Presidential
election. The Supreme Court decides that
this action is unconstitutional.

A: Judicial Review
The Amendment
Process (2 Steps)
1. Proposition
2 Ways to Propose an Amendment
1. 2/3 vote in both houses of
Congress
- All 27 Amendments were proposed

this way
2. Constitutional Convention
requested by 2/3 of the states
-Has not ever been used
2. Ratification- 2 ways to ratify
1. 3/4 of state legislatures approve it
-26 of the 27 Amendments were
ratified this way
2. 3/4 of conventions called by the
states approve it
-Only the 21st Amendment was ratified
this way
 The First Ten
Amendments…
“Why Not a Bill of Rights?
Is It Because It Will Consume Too
Much Paper?” Patrick Henry
 The Bill of Rights was approved in
10
1791 and is made up of the first __
Constitution
amendments to the ____________.
 Amendment #1
5 rights mentioned

Freedom of Religion
_______
Assembly
Freedom of _______
Press
Freedom of _______
Petition
Right to _________
Speech
Freedom of _______
 Freedom of Religion

clauses The
There are two parts or ________.
establishment clause and the free ________
_____________ exercise
clause.

“Congress shall make no law respecting an

establishment of religion or prohibiting the
free exercise there of”
 Establishment clause-
Government
Can Cannot
Teach about Set a state religion
religions in school
Government cannot
Allow voluntary order a prayer
prayer in many
examples Teach religious
Transport students doctrine in the
to a religious school
school Pay seminary
Read Bible for teachers
culture or literacy Teach creationism
content
Free Exercise—The person
Can Cannot
Choose whatever Break the law and
religion claim it is religious
Lead a prayer in belief
most examples Raise children
Ask questions about without education
religions Deprive children of
Worship whoever basic needs
you want
 Establishment and Free
Exercise clause often conflict
with each other
In schools, the religion issue is most prevalent
If a student raises his hand and says “teacher,
can we say an opening prayer before this test ”
If the teacher says:
“Yes”, It looks like establishment of religion
“No”, Is it then denying a student free exercise?
Freedom of speech
Free speech– The Person can
Say any political belief
Protest (without getting out of control)
Say things about someone that are true
Burn the flag
Say racist and hate slogans
Free speech means someone might say
something you disagree with
 Free speech—the Person
cannot
Threaten to blow up airplanes, schools or
the president
Sexual harassment
Create too much social chaos
Extremely crude language in a public
form
Disrespectful, vulgar language in schools
Hate crimes
Freedom of the Press
 Freedom of the Press
Can Cannot
Print any political Libel– intentionally
position injuring a person’s
Make fun of people, reputation by false
especially facts
politicians Disclose defense-
Expose wrongs by security secrets
the government Detail how to make
Say things you a certain weapons
might not agree with
Freedom of Assembly
 Freedom of Assembly
Can Cannot
Protest Protest by throwing
Parade (with a permit) rocks and breaking
Parade chanting hate windows
slogans Hang out on private
Gang members can land against
congregate in public owners will—
loitering
Ignore teen curfew
Petition the Government
 Petition the Government
You may sue the government for wrongs
You cannot be punished for exposing
wrongs by the government
The courts decide the wrongs
 The 2 Amendment
nd

The Right to Bear Arms

2nd Amendment—Right to bear
arms
“A well-regulated militia, being necessary
to the security of a free state, the right of
the people to bear arms shall not be
infringed.”
 2nd Amendment
the right to keep and bear arms
_____________________________________
Its purpose was to prevent Congress from denying states
the right to have a militia of armed citizens. States and
federal government can regulate the possession and use
of firearms by individuals.
 3 Amendment
rd

The Government
cannot force you to
soldiers
shelter ________
in your home
without your
consent in time of
war or peace.
 The 4th Amendment
Amendment 4: Limits the conditions under
search for and
which police may ______
seize
________evidence and people [Privacy
Amendment]
1. No “Fishing Expeditions” by public officials [a search
reasonable and based on
must be ____________
probable cause
___________________

warrant will
2. In most cases, a search or arrest _________
be necessary. The warrant must describe the specific
place to be searched and the persons or things to be
seized.

3. A police officer may chase a suspect into his house

& not secure a warrant (this would be probable

cause).

4. The Supreme Court has ruled that evidence

Exclusionary
gained as a result of an unlawful rule
search or seizure
cannot be used at the trial. [___________________
 5th Amendment
Rights of Accused Persons
[5-8 have to do with “rights of the accused”]
1. A person can be tried for a serious crime only if
grand
he has been accused of jury
that crime by a _______
Double
2. No one Jeopardy
may be tried twice for the same offense.
[_________ __________ clause] – no
one may be put in jeopardy
twice for the same offense]
Plead himself.
3. No one may be forced to testify against the 5th
You don’t have to answerlife liberty
questions
property by the police or the courts.
[_________________]
4. No one can be deprived of ______, _______, or
___________ without due process of law
[fair and equal treatment under
the law].
 6th Amendment

speedy and public

1. Right to a __________________________ trial

Impartial jury. The Jury must be fair

2. ____________
and You can have the case transferred if it has received
too much publicity. (change of venue)

crime
3. Right to be told what ________
you are accused of.

witnesses
4. Right to hear and question all ____________
against you.

5. The right to compel [require their

testimony]witnesses
____________ to appear at
a trial
lawyer
6. Right to a ____________
 7th Amendment
Right to a jury trial In Civil Cases (not a criminal matter) – but
sues another. Applies to all disputes over
where one person ______
$20.00
________

8th Amendment
cruel and ___________
No excessive bail or fines, or _______ unusual
punishment”, like torture and beheading.

The
Tar and
Feathering “Rack”
 9th Amendment
The Rights of the People of the United States
not just limited
are _____________ to those listed in the
Constitution.
10th Amendment
(__________
reserved Powers Amendment) It gives the
states any power not given to the U.S.
government under the Constitution.