THE U.
S CONSTITUTION
ALEX EFFAH-LARBI
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THE FOUNDATION OF THE CONSTITUTION
THE ARTICLE OF CONFEDERATION
The Articles of Confederation provided the framework
for the first national government of the US. It became
the first constitution of the United States after the
American Revolution. It was adopted by the Continental
Congress on November 15,1777 and was ratified by all
13 States on March 1, 1781 until 1789.
The Articles of Confederation protected the liberties of
the people like granting them suffrage rights (right to
vote), freedom of religion, etc… but was a single branch
of the national government which had limited power.
THE PURPOSE OF THE ARTICLE OF CONFEDERATION
The purpose of the Articles of Confederation was to join
together the 13 colonies so that they had a loose
confederation, or alliance. This was a major idea that
influenced the Articles of Confederation.
After having to defend itself against Great Britain, the idea was
that the United States of America needed to be bound
together more strongly in case they had to defend themselves
against another threat.
Instead of being 13 independent states, they were joined to
form a country with specific interests and goals.
THE STRUCTURE OF THE
ARTICLE OF CONFEDERATION
THE WEAKNESSES OF THE ARTICLE OF
CONFEDERATION
The Article of Confederation could not solve the problems of the new United
States. Some of the weaknesses of the Articles of Confederation included:
No system of checks and balances
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No judicial system
This led to a call for change, hence, the creation of the constitution.
Legislative branch has few powers
Only one branch(arms) of government
WHAT BROUGHT ABOUT THE CONSTITUTION?
After the revolution war, much needed to be done in the new United States.
The postwar challenges included the following:
high debt crisis leading to high inflation.
weak economy- low economy activities as well as a rise in unemployment.
Heavy debt and taxes on farmers leading to the “Shays’s Rebellion” to
protest high taxes and debt.
All theses were multiple causes and effects of events and developments in the past.
ORIGINS OF THE CONSTITUTION
The U.S Constitution created a republican form of government based
on the consent of the people.
The framers of the constitution blended ideas from both the
American colonies and from the English(British) to write this lasting
document (constitution).
SOURCES, IDEAS AND EXAMPLES FOR THE US
CONSTITUTION
Sources, ideas and examples for the US Constitution were taken from both the
American colonies and from the English(British).
THE AMERICAN COLONIES: THE ENGLISH:
a. The Mayflower Compact,1620 a. Magna Carta, 1215
b. Colonial Assemblies b. The English Bill of
Rights, 1689
c. Virginia Statute for Religious Freedom, 1786 c. The
Enlightenment, 1700s
THE STRENGTHS/POWERS OF THE CONSTITUTION
Most powers are held by the national government.
It establishes the three branches of government.
The judicial branch was given the mandate to review the laws.
It has firm system of checks and balances.
The structure of the US Constitution is Federalism with the three
branches of government.
THE CONSTITUTION OF THE UNITED STATES.
A constitution can be defined as a set of rules and regulations that is used in governing a
State, country or an organization. It is the supreme law of the country.
The U.S. constitution is made up of SEVEN (7) articles. Namely:
1. Article I – The Legislature
2. Article II – The Executive
3. Article III – The Judiciary
4. Article IV – Relation among States
5. Article V – Amending the Constitution
6. Article VI – The Supremacy of the Constitution
7. Article VII – Ratification
The U.S. constitution is one of the oldest and most successful constitutions in the world.
THE PREAMBLE
The first page of the U.S. constitution contains the Preamble. The preamble explains the
goals of the new government under the constitution.
“We the people of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common defense,
promote the general Welfare and ensure the Blessings of Liberty to ourselves and
our Posterity, do ordain and establish this Constitution for the United States of
America.”
THE PURPOSES OF THE PREAMBLE
The purposes of the preamble of the constitution can be divided in two (2). They are;
1. To show the legitimacy of the new government. (having the right to rule)
2. To state why this new government is being formed
ARTICLE 1 OF THE US
CONSTITUTION
The Article 1 of the US Constitution creates the LEGISLATIVE BRANCH (Congress).The
main purpose of the legislative branch is to make laws. The Congress is made up of the
Senate and House of Representatives.
The Legislative branch (Congress) is seen as the central branch of government because it
represents the people most directly.
LEGISLATIVE BRANCH (Congress)
HOUSE OF REPRESENTATIVES SENATE
HOUSE OF REPRESENTATIVES:
The House of Representatives is also known as the “THE HOUSE or LOWER HOUSE”.
The House is composed of members chosen by the People of the States through election to
serve for two (2) years and can be re-elected after the two (2) years. (The House reflects
the will of majority of the people of the nation)
SENATE:
The Senate is also known as “Upper House”. This was created to make the government
more stable
They are elected to serve for six (6) years
ARTICLE 11 OF THE US CONSTITUTION
The Article 11 of the US Constitution creates the EXECUTIVE BRANCH (Presidency). The
main purpose of the executive branch is to enforce the laws.
The President is the chief of the Executive branch. The President is elected by citizens
on a majority votes and serves the nation for four (4) years as and with the Vice
President.
QUALIFICATIONS:
No Person except a natural born citizen shall be eligible to the office of the President.
Neither shall any Person be eligible to the office of the President who shall not have
attained to the age of thirty-five (35) years.
The Person must be fourteen (14) years a Resident within the United State.
OATH OR AFFIRMATION: The president takes an oath or affirmation before he/she assumes the office of the president. “i do solemnly swear/affirm that i will faithfully
execute the office of the president of the united states, and will do the of my ability, preserve, protect and defend the constitution of the united states.”
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POWERS OF THE PRESIDENCY:
The Military Power. (Commander in Chief of the Army and Navy of the United States)
Treaties and Appointments
Vacancies
ARTICLE 111 OF THE US CONSTITUTION
The Article 111 of the US Constitution set up the JUDICIAL BRANCH of the federal
government and JUDGES. The main purpose of the judicial branch is to interpret
the laws. (deciding cases involving disputes over the law or behavior of people to
determine whether they are constitutional)
The Constitution establishes one Supreme Court which is the biggest court of the
nation but allows the congress to create the inferior or lower Federal courts. The
lower courts includes, district courts, circuit courts, among other appeal courts.
Federal judges are appointed by the President with the approval of the Senate.
Judges are appointed for life unless they are found guilty of misbehavior or
inappropriate conduct. (They serve during good behavior).
THE CONSTITUTIONAL AMENDMENTS – AMENDMENT 1 -10
(THE BILL OF RIGHTS)
Amendment 1: The first amendment guarantees basic rights and freedoms to all US
citizens. These rights includes:
a) Freedom of religion
b) Freedom of press
c) Freedom of speech
d) Freedom of assembly
e) Right to petition.
Visit pg 217/204pic
AMENDMENT 2: The right to keep and bear arms
This amendment is meant to protect the individual’s right of self defense.
Amendment 3: No soldier shall be quartered in any house, without the consent of
the owner, in time of peace or war.
This amendment prevents the military from forcing citizens to house soldiers.
Amendment 4: The right of the people to prevent unreasonable searches and
seizures.
This amendment states that, before a citizen’s property can be searched, authorities must
get a search warrant as a permission to search. Pg 218
Amendment 5:
a) No person shall be held to answer for a capital crime unless on a presentment
of a Grand Jury. This means that, a grand jury decides if there is enough evidence to
formally accuse a person? Without an indictment, the court cannot try anyone for a serious
crime.
b) No person shall be subject for the same offence to be twice put in jeopardy of
life. This means that, a person not found guilty in a criminal trial cannot be tried again for
the same crime
C) No person shall be compelled in any criminal case to be deprived of life, liberty
or property without due process of the law, nor shall private property be taken for
public use without just compensation.
The 5th Amendment provides the guidelines for protecting the rights of the accused.
According to the 5th Amendment, government cannot punishment anyone without due
process of the law. This means that, the law must be fairly applied. Pg 218
Amendment 6:
a) In all criminal prosecutions, the accused shall enjoy the right to a speedy and public
trial by an impartial jury of the State and district.
b) The accuser have the right to obtain a witness in his favor and to have Assistance of
Counsel for his defense.
AMENDMENT 7: This allows the juries to decide civil cases. In this situation, the injured party may sue, or
seek justice in a civil court. For example, someone might sue a person who refuses to repay a debt.
AMENDMENT 8:
a) This allows the accuser to go for a bailout (bail).
b) It also keeps the courts from setting high bails
Amendment 9: The courts and congress can decide other basic rights of citizens. For
example, education, sanitation, health etc…
Amendment 10: The States and the people have additional powers.