Constitutional Principles and The Bill of Rights

Marbury v Madison

(1803) Marbury was a midnight appointee of the Adams administration and sued Madison for commission. Chief Justice Marshall said the law that gave the courts the power to rule over this issue was unconstitutional. established judicial review. Judicial review gives the supreme court it's main power: the ability to determine acts of the legislative branch and executive branch unconstitutional.

Rights of those accused of crimes amendments

4th, 5th, 6th amendments

Popular Sovereignty

A belief that ultimate power resides in the people. Example: Preamble of the constitution states "We the People." Example: U.S. citizens can vote when they turn 18 years old.

Republicanism

A form of government in which people vote for representatives to make decisions on the behalf of the people. The people don't vote for laws, they vote for representatives and they make laws. Example: U.S. Senators from Texas are John Cornyn and Ted Cruz.

Example of Limited Government

A senator in U.S. Senate if convicted of shoplifting.

10th Amendment

Any power that the federal gov't does not have become a right of the states. Example: states decide driving age. This also an example of FEDERALISM.

Example of Checks and Balances

Congress must have a two-thirds vote in each house to override a veto.

1st Amendment

Freedom of religion, to petition the gov't, of the press, of speech, and to assemble.

How did Baron de Montisquieu influence the principles of the US government and Constitution?

French political philosopher that believed that the government's powers should be separated, in order to prevent the abuse of power. Influenced the principle "Separation of Powers"

5th Amendment

Guarantees the right of due process, self-incrimination (remain silent), and double jeopardy.

Legislative Branch

Led by: Congress (senate and house of representatives) Powers: Creates laws, overrides presidential vetoes, proposes amendments to constitution, declares war, coins money, impeaches president, regulates interstate commerce

Executive Branch

Led by: President, Vice President, Cabinet Powers: Enforces laws, negotiate treaties, signs bills into law, pardons prisoners, appoint supreme court justices.

Judicial Branch

Led by: Supreme Court Powers: Interprets the Constitution. Declares actions of the legislative and executive branch unconstitutional.

Elastic Clause

Legislative Branches powers to make laws that are necessary and proper for a changing society. Example: Internet laws, Car laws.

Historical Roots of the Constitution

Magna Carta (1215) - Limited the powers of the king and granted nobles certain rights such as a due process and trial by jury. House of Burgesses (1619) - 1st representative assembly (republicanism) Mayflower Compact (1620) - Document of rules by the people. (Popular Sovereignty) Fundamental Orders of Conn. (1639)- 1st Constitution (limited gov't and pop sov.) Declaration of Independence (1776) (Popular Sov, Limited gov't, Individ. rights) AOC (1781)- States powers were emphasized. (Federalism) Constitution (1787) Bill of Rights (1791) - Individual Rights.

8th Amendment

No cruel and unusual punishment.

3rd Amendment

No quartering of soldiers in times of peace.

4th Amendment

No search and seizure without reasonable cause.

Example of Separation of Powers

President is responsible for the executing, enforcing, and administering the law.

Amendment Process

Process is necessary to adapt with the changing needs of our country. Step 1: Congress or a national convention by the states may propose an amendment with by 2/3 majority in support of a change to the Constitution. Step 2: 3/4 of the states must approve the proposed amendment.

Individual Rights

Rights guaranteed to the people under the Bill of Rights. Example; Amendment 1-10

9th Amendment

Rights of the people. Just because your right is not listed in the Bill of Right, doesn't mean it isn't a right you have. Example: Right to privacy.

7th Amendment

Rights to a jury trial in civil cases.

6th Amendment

Rights to speedy and public trial with a jury. Guarantees your right to a lawyer.

Limited Government

Rule of law. The government is limited to the powers of the Constitution. No body is above the law. Example: checks and balances, separation of powers, the Constitution.

Example of Federalism

The 10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Example of Popular Sovereignty

The Preamble to the Constitution states: "We the people of the United States..."

Checks and Balances

The ability of each branch of government to influence the actions of another branch of government. Example: President can veto laws made by Congress. President appoints Supreme Court justices with the approval of the Senate. Congress can override a presidential veto with a 2/3 approval in both houses. The judicial branch can declare actions by the president as unconstitutional.

Separation of Powers

The division of government power among three branches of government. Each branch has their own powers. Example: The legislative branch makes laws and declares wars. The executive branch enforces laws and can pardon prisoners. The judicial branch interprets laws and the constitution.

2nd amendment

The right to bear arms.

Federalism

The separation and sharing of powers between the federal and state governments. Some powers included are: Federal Powers= Declare war, coin money, establish a postal service. State Powers= Run public schools, issue drivers licenses Concurrent Powers (both)= Ability to tax