THE CONSTITUTION OF THE UNITED STATES Details and

THE CONSTITUTION OF THE UNITED STATES Details and Purpose

FRAMEWORK Created in 1787 Ratified by the original 13 states Contains: 1. Preamble 2. 7 Articles 3. 27 Amendments

PREAMBLE Lays out the purpose of the Constitution of the US 1. Form a more perfect union of the states 2. Create a system of justice 3. Create domestic peace 4. Secure liberty for the people 5. Provide for a common defense 6. Promote the general welfare

7 ARTICLES Article I – sets up the legislative branch (Congress) Article II – sets up the executive branch (Presidency) Article III – sets up the judicial branch (US Courts) Article IV – provides rules for state to state relations Article V – describes how to amend the Constitution of the US Article VI – contains the supremacy clause Article VII – describes the ratification process used by the original 13 states

NATIONAL LEGISLATURE Article I House and Senate based Congress. House reflects VA Plan (proportional representation with every state getting at least 1 seat). Senate reflects NJ Plan (equal representation – 2 seats per state). Checks and Balances (study figure 2. 2)

27 AMENDMENTS First 10 = Bill of Rights 1 s t – Religious liberty, speech liberty, press liberty 2 n d – Right to bear arms 4 -6 – Rights of the accused in legal proceedings 8 t h – Bans cruel or unusual punishment 10 t h – Protects the state law making process in a federal system 27 Amendments with the last added in 1992 18 t h Amendment repealed by the 21 s t (Liquor prohibition) Amendment process described in Article V of the US Constitution

PERMANENT Once and amendment is added it is permanent. Another amendment can, however, reverse its provisions.

FEDERAL SYSTEM Constitution of the US respects federalism. Federalism = two primary law making powers – state and national. State law making is protected by the 10 t h Amendment (reserved powers to the states). Every state has its own constitution and state government.

THE HIGHEST LAW OF THE USA Constitution is the Supreme Law of the USA. States continue to make law but cannot conflict with the Constitution of the US. The Constitution does NOT give us rights. We already have rights and those predate government (Hobbes/Locke/ Social Contract) so the Constitution of the US is our attempt to protect our rights. Remember – we come together to secure government (no state of nature!) but we also know government can abuse our rights (Hobbes and his strong monarch idea). The Constitution of the United States protects us from the GOVERNMENT and its capacity to take away OUR RIGHTS.

DECLARATION OF INDEPENDENCE The Declaration of Independence (1776) is not a legal document so do not confuse it with the Constitution of the US. It is an important philosophical document. 1. It states that people are equal. 2. It states that people have rights – life, liberty, pursuit of happiness. 3. It states that people create government. 4. It states that if government abuses our rights we have the right to rebellion. 5. See page A 1 – first and second paragraphs.