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PREAMBLE
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 secure the Blessings of Liberty to
ourselves and our Posterity, do ordain
and establish this Constitution for the
United States of America.

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GROUP A: HOW WILL YOU
MAKE SURE THAT ANYONE
WHO FEELS UNFAIRLY
TREATED WILL HAVE A PLACE
TO AIR COMPLAINTS?

Establishing justice in the


Preamble
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GROUP B: HOW ILL YOU MAKE
SURE THAT PEOPLE CAN HAVE
PEACE AND QUITE?

Ensuring domestic tranquilty in the


Preamble

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GROUP C: HOW WILL YOU
MAKE SURE THAT GROUP
MEMBERS WILL HELP IF
OUTSIDERS ARRIVE WHO
THREATEN YOUR GROUP?

Provide for the common defense in


the Preamble
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GROUP D: HOW WILL YOU
MAKE SURE THAT THE
IMPROVEMENTS YOU MAKE ON
THE ISLAND (SUCH AS
SHELTERS, FIREPLACES, AND
THE LIKE) WILL BE USED
FAIRLY?

Promoting the general welfare in


the Preamble
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GROUP E: HOW WILL YOU
MAKE SURE THAT GROUP
MEMBERS WILL BE FREE TO DO
WHAT THEY WANT AS LONG AS
IT DOESN’T HURT ANYONE
ELSE?

Securing the blessing of liberty to


ourselves in the Preamble
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GROUP F: HOW WILL YOU MAKE
SURE THAT THE RULES AND
ORGANIZATIONS YOU DEVELOP
PROTECT FUTURE
GENERATIONS?

Securing the blessing of liberty to


our posterity in the Preamble
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CONSTITUTIONAL LAW AND THE
BILL OF RIGHTS

Key Points
 Understanding the structure and purpose

of the Constitution
 Understanding the structure and purpose

of the Bill of rights

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THE CONSTITUTION
Article I: Sets up Congress, enumerates its
powers.
Article II: Sets up executive branch, headed by
the president.
Article III: Establishes the court system.
Articles IV and VI: Address the relationship
between the federal government and the states.
Article V: Provides for amendments to the
Constitution.

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PURPOSES ACCOMPLISHED
 It establishes a national, or federal,
government.
 It controls the relationship between the
national government and state
governments.
 It defines and preserves personal liberties.
 It enables the federal government to
perpetuate itself.

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3 BASIC CONSTITUTIONAL
THEORIES

1. Separation of Powers
2. Federalism
3. Individual Rights

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ARTICLE I - CONGRESSIONAL
POWERS
 Establishes Congress with two houses.

 Grants Congress powers.

 Substantial effect rule

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ARTICLE II - EXECUTIVE POWER

Defines the powers and


responsibilities of the President

 Appointment
 Legislation

 Foreign
Policy
 Commander in Chief

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ARTICLE III - JUDICIAL POWER

 Creates the Supreme Court and


permits Congress to create
lower federal courts.

 Federal courts have two key


functions: adjudication and
judicial review.

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ARTICLES IV
 Gives full faith and credit to each sates
laws
 Citizens in all states equal
 Provides for new states
 Guarantees a Republican form of
government to all states
 Protects states from invasion and domestic
violence
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ARTICLE V

Provides for Amendments to


the Constitution

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ARTICLE VI

 Addresses the relationship between the


Federal Government and the States
The Supremacy Clause
Federalism
 Prohibits religious test to hold office

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SUPREMACY CLAUSE

The Constitution,
federal statutes and
federal treaties are the
supreme law of the
land.

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FEDERALISM

The federal government holds only those


powers granted to it by the states. The
people via the states hold all of those
powers not expressly denied them by the
Constitution.

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BILL OF RIGHTS
DESIGNED TO PROTECT
THE RIGHTS OF THE
PEOPLE AS WAS NOT
INCLUDED IN THE
CONSTITUTION

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THE FIRST AMENDMENT

Congress shall make no law:


 Establishing a religion
 Abridging the freedom of speech or
press
 Abridging the right to assemble
peacefully
 Against petitioning the government

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THE SECOND AMENDMENT

The right to bear arms

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THE THIRD AMENDMENT

Prohibits requiring citizens to quarter


soldiers

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THE FOURTH AMENDMENT

Prohibits search, seizures and warrants


without probable cause supported by
oath

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FIFTH AMENDMENT
 “No person shall be… deprived of life,
liberty, or property without due
process of law; nor shall private
property be taken for public use,
without just compensation.”

 Procedural Due Process


 The Takings Clause
 Substantive Due Process

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THE SIXTH AMENDMENT
Criminal rights:

Speedy trial
 Impartial jury
 Trial where crime committed
 Informed of charges
 Confront witnesses
 Compulsory attendance of
witnesses
 Right to counsel
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THE SEVENTH AMENDMENT

Right to jury trial

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THE EIGHTH AMENDMENT

Prohibition against excessive bail,


excessive fines and cruel and unusual
punishment

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THE NINTH AMENDMENT

“The enumeration in the Constitution,


of certain rights, shall not be
construed to deny or disparage others
retained by the people”

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THE TENTH AMENDMENT

“The powers not delegated to the


United States by the Constitution, nor
prohibited by it to the States, are
served to the States respectively, or
to the people.”

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THE 14th AMENDMENT

 “No state shall… deny to any


person within its jurisdiction the
equal protection of the laws.”
 The government must treat all
people equally

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