The Constitution of the United States

1. The Constitution of the United States Details and Purpose

2. Framework • Created in 1787 • Ratified by the original 13 states • Contains: • Preamble • 7 Articles • 27 Amendments

3. Preamble • Lays out the purpose of the Constitution of the US • Form a more perfect union of the states • Create a system of justice • Create domestic peace • Secure liberty for the people • Provide for a common defense • Promote the general welfare

4. 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

5. 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)

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Protects the state law making process in a federal system • 27 Amendments with the last added in 1992 • 18th Amendment repealed by the 21st (Liquor prohibition) • Amendment process described in Article V of the US Constitution

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

8. Federal System • Constitution of the US respects federalism. • Federalism = two primary law making powers – state and national. • State law making is protected by the 10th Amendment (reserved powers to the states). • Every state has its own constitution and state government.

9. 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.

10. 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. • It states that people are equal. • It states that people have rights – life, liberty, pursuit of happiness. • It states that people create government. • It states that if government abuses our rights we have the right to rebellion. • See page A1 – first and second paragraphs.