U.S. Constitution and Bill of Rights: Key Amendments and Federal System

first amendment

5 freedoms: speech, press, religion, assembly, petition

Second Amendment

Right to bear arms

Third Amendment

No quartering of soldiers

Fourth Amendment

Protects against unreasonable search and seizure

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

Right to a speedy and public trial

Seventh Amendment

Right to a trial by jury in civil cases

Eighth Amendment

No cruel and unusual punishment

Ninth Amendment

People's rights are not limited to those listed in the Constitution

tenth amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

New Jersey Plan

A constitutional proposal that would have given each state one vote in a new congress

weakness of the Articles of Confederation

No power to tax

No power to regulate interstate commerce

No executive branch

No national judiciary

Amendments required unanimous consent

Led to instability and lack of coordination between states

Shays' Rebellion

Armed uprising by farmers in western Massachusetts

Led by Daniel Shays, a former Revolutionary War officer

Cause: Debt, high taxes, foreclosures, and lack of paper money

Goal: Shut down courts to stop foreclosures

The Annapolis Convention

Address problems of interstate trade and commerce

Goal: Propose improvements to the Articles of Confederation

Only 5 of 13 states sent delegates: NY, NJ, PA, DE, VA

what led to the Philadelphia Convention in 1787

Annapolis Convention

Confederal Government

A system where the central government is weak, and the states hold most of the power.

Federal Government

A form of government in which powers are divided between a central government and several local governments.

AoC pros and con

Could make treaties

Could declare war

Could maintain an army and navy

Could NOT tax (had to ask states for money)

Could NOT enforce laws

Could NOT regulate trade between states or with foreign nations

Structure of aoc

One branch: Congress (unicameral legislature)

No executive branch (no president)

No judicial branch (no national courts)

State Powers under aoc

States had their own laws, money, and military

Each state had one vote in Congress, regardless of size

U.S. Constitution (Federal System)

Created in 1787, went into effect in 1789

Established a stronger central government

Power is shared between national and state governments

what the government CAN do

Powers of the National Government under the constitution

Can tax

Can regulate trade (interstate and foreign)

Can enforce laws

Can coin money

Has authority over foreign policy and defense

Structure

Legislative (Congress: House of Representatives & Senate)

Executive (President)

Judicial (Supreme Court and other federal courts)

Legislative Branch

Makes laws

Executive Branch

Enforces laws

Judicial Branch

Interprets the laws

U.S. constitution

Bill of rights

First 10 amendments to the Constitution

what the governments CANNOT do

declaration of independence

1776 statement, issued by the Second Continental Congress, explaining why the colonies wanted independence from Britain.

list of grievances

tell all people around the world about the grievences

Natural Rights

The document asserts that all humans are endowed by their Creator with inherent, unalienable rights, including "Life, Liberty and the pursuit of Happiness".

Consent of the Governed

It states that governments are created by the people and derive their just powers from their consent.

Social Contract

A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.

government fails to protects

the people can leave

list of grievances

in the declaration.

Limited Government

Bill of rights

John Locke

English philosopher who argued that people have natural rights

social contract theory

effects on the American and French revolution

Alexander Hamilton

United States statesman and leader of the Federalists

thomas jefferson

Wrote the Declaration of Independence

George Washington

1st President of the United States; commander-in-chief of the Continental Army during the American Revolution (1732-1799)

James Madison

"Father of the Constitution," Federalist leader, and fourth President of the United States.

3 branches

are separate to limit the power of the government

Right to Revolution

The Declaration explains that if a government becomes destructive of the people's rights, it is the people's right to alter or abolish it and institute a new government.

Grievances Against the King

The Declaration lists specific complaints against King George III for actions that the colonists considered tyrannical and oppressive, which violated their rights and justified their desire for independence.

Declaration of Independence

The document concludes with a declaration that the colonies are, and of right ought to be, free and independent states.

As independent states, they possess the powers to wage war, make peace, enter into alliances, and conduct commerce.

Purpose of Declaration of independence

To formally announce the colonies' separation from Great Britain and to explain the reasons for this separation.

To articulate the philosophical principles, such as natural rights and popular sovereignty, that formed the basis for their new nation.

order of release of american documents

Declaration of Independence (1776), articles of confederation (1777), the U.S. Constitution (1787-1788), the Bill of Rights (1789),

state of nature

The basis of natural rights philosophy; a state of nature is the condition of people living in a situation without man-made government, rules, or laws.