Constitutional Rights

Chapter 3

Foundations of Our Constitution

Lesson 3-1

Goals
Name

the documents written in the course of

our nations founding
Explain the relationship between the
Declaration of Independence and the
Constitution

Nations Framing Documents

Declaration

of Independence
Articles of Confederation
U.S. Constitution
Bill of Rights

Declaration of Independence
13

original American colonies met in

Philadelphia
Adopted on July 4, 1776
It declared that, All men are created equal. .
Appendix B page 646

Articles of Confederation

13 Sovereign states united in 1781 under a

charter
Promised the following
1.

2.

One house legislature (Continental Congress)

with 2-7 representatives from each state; each
state had 1 vote
Strict term limits places on members of
Congress; subject to recall by their state

Articles of Confederation (cont)

3.

4.
5.

Power to declare war, make peace, enter into

treaties and alliances, manage relations with
Indian nations, coin money, settle differences
between states, establish a postal system, and
appoint a Commander in Chief
A national defense that would be paid for by the
national government
States would be asked, rather than required, to
make payments to the national treasury

Articles of Confederation (cont)

6.
7.

Major legislation, including bills relating to finance,

would require a 2/3 vote for passage
Amendments to the Articles would require a
unanimous vote of the states

**Felt a need for a stronger central government than

the one the Articles provided led to the calling of
a convention of delegates from the original 13
states

The Original 13

1.
2.
3.
4.
5.
6.
7.
8.

Delaware
Pennsylvania
New Jersey
Georgia
Connecticut
Massachusetts
Maryland
South Carolina

9.
10.
11.
12.
13.

New Hampshire
Virginia
New York
North Carolina
Rhode Island

U.S. Constitution

Convention held in Philadelphia in the summer of 1787

7 articles provided a framework for the federal government of

the people, by the people, and for the people.
By June 1788 9 states ratified
March 4, 1789 Congress declared effective and binding (9
states ratified)

Drafted the initial US Constitution

4 states (VA, RI, NY, NC) claimed the wording failed to provide
adequate protection of the human rights

Situation resolved by the adoption of the Bill of Rights

Bill of Rights
The

first 10 amendments to the Constitution

Enacted as a shield against the possible
violation of human rights

Bill of Rights (cont)

Freedom of religion (I)

Freedom of speech (I)
Freedom to assemble
peaceably (I)
A well regulated militia (II)
Right to keep and bear arms
(II)
Security in person and
property against
unreasonable searches and
seizures (IV)

Right to remain silent if

accused of a crime (V)
Right to enjoy a speedy and
public trial by an impartial
jury (V-VI)
Right to not be tried for the
same crime twice (V)
Right to fair compensation
for private property taken by
the government for a public
purpose (V)

Bill of Rights (cont)

Protection

from the taking of life, liberty, or

property without due process of law (V)
Right to a defense counsel in a trial and to
confront witnesses against oneself (VI)
Protection from cruel or unusual punishment
if convicted of a crime (VIII)

Assignment
Lesson

3-1 Worksheet
Page 44 #1-9, 12

Amendments to the Constitution

Lesson 3-2

Goals
Discuss

how the Constitution has been a

shield against violations of basic human
rights
Identify the basic human rights protected by
the Bill of Rights and subsequent
amendments

Assignment
Read

lesson 3-2 and take notes

Page 49 #1-11 & 14

Division and Balance of Powers

Lesson 3-3

Goals
Discuss

how the Constitution created a

system of checks and balances
Explain how the power to govern is divided
between the federal and state governments

Checks and Balances

System

of checks and balances

Gives specific authority to each of the 3 basic

branches of government

Branches of Government
Legislative
Executive
Judicial

Branches of Government

Legislative (Congress)
1.
2.

Senate 2 members from every state

regardless of population
House of Representatives seats allocated to
the states in proportion to their population
Majority vote of BOTH bodies is required for
passage of any bill

Branches of Government (cont)

Legislative

The House has the power to initiate the impeachment of

any civil officer of the US (including Pres and VP) for
bribery, misdemeanors, or other high crimes
Senate has the sole power to try all impeachment cases
(2/3 passage)

Impeachment Case trying a government official for

misconduct in office

People may vote out representatives in elections

House (2) Senate (6) Executive Office (4)

Branches of Government (cont)

Executive

(President)

Headed by the President & VP

Elected by a vote of the people
Not

elected directly by people most votes may not be

elected (1824, 1876, and 1888)

Political Party private organization of citizens

who select and promote candidates for election to
public office
Agree

on important government policies and legislation

Political parties not mentioned in the Constitution

Branches of Government (cont)

Judicial

(Supreme Court)

Headed by the Supreme Court

Decides

on the constitutionality of a statute passed by

the legislative branch and signed by the President
(executive)
Decides if actions by the President exceed the powers
granted (void)

Changing the Constitution

Amendment

Constitution may be amended in 2 ways:

1.
2.

Change or alteration
Proposed by a 2/3 majority vote in both the Senate and
the House (has been used by all amendments to date)
Requires the legislatures of 2/3 of all the states to call a
convention of all the states

The amendment becomes a valid part of the

Constitution only if it is ratified by the legislatures of
of the states

Our Form of Government

Democracy governmental system in which citizens

vote directly to decide issues

Republic (representative democracy) governmental

system in which citizens elect representatives to
decide issues

Every adult citizen may vote on all issues (virtually

impossible because millions of people)

Voters select their representatives to the legislative,

executive, and judicial branches

Few people actually exercise their right to vote

Does the Federal Government Have

Total Governing Power?

X Amendment acknowledges the continued

sovereignty of all the states to govern their own
citizens within their own borders

Powers by the state business law, contract law, most

criminal law, tort law, real property, probate law, and
domestic relations law

Sovereignty freedom from external control

Constitution is a shield against unlimited power of
the federal gov

the supreme law of the land

Prevails over any possible contrary state constitution or law

Powers of the Federal Government

Duty to protect every state from invasion

Raise and support armies, a navy, and an air force for national
defense
Exclusive power to regulate interstate commerce and foreign
commerce

Each state can regulate intrastate commerce

Establish post offices, coin money, and tax imports and exports
Both federal and state can impose other taxes (on sales and on
incomes)
The people, through votes, ultimately control the entire
government structure

Assignment
Page

53 #1-10
3-3 Worksheet
Chapter 3 Test (Practice)