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The Constitution & Bill of Rights Review

Preamble

  • Introduction to the Constitution’s purpose is given by the Preamble, which lists six aims for the U.S. Government under the Constitution:

    • Form a more perfect union

    • Establish justice

    • Ensure domestic tranquility

    • Provide for the common defense

    • Promote the general welfare

    • Secure the blessings of liberty

The Three Branches of Government (Articles 1–3)

  • Article 1: Legislative branch

    • Structure and powers of both houses of Congress

    • Described as the longest and most detailed article

  • Article 2: Executive branch

    • Powers of the President and "inferior officers"

  • Article 3: Judicial branch

    • Powers of the Supreme Court

  • Core constitutional design: Separation of Powers across three branches, with Checks & Balances to prevent the concentration of powers

    • Legislative: makes laws

    • Executive: carries out laws

    • Judicial: evaluates laws

  • The three branches together form the system of government described by the Constitution

Article 4: The States

  • Each state must have a "republican form of government"

    • republican form of government implies a representative form of governance rather than direct democracy

  • Powers and limits of state governments are described, including relationships between states

Article 5: Amendments

  • Amendments must be proposed and ratified

  • Two methods of proposal:

    • 1) Two-thirds vote in both houses of Congress

    • 2) A vote in two-thirds of the state legislatures to call a convention

  • Two methods of ratification:

    • 1) A vote in three-fourths of the state legislatures

    • 2) A vote in three-fourths of the conventions called by the state legislatures

    • Historically, every Amendment has used the first method of proposal

  • The slide emphasizes that a Constitutional Amendment can be proposed at a convention called by 2/3 of the states or by 2/3 of the members of both the House & Senate (DC proposal illustration)

  • Ratification note: Only the 21st Amendment used the second method of ratification (i.e., ratified by conventions in the states)

Article 6 & 7: Supreme Law & Ratification

  • Article 6 establishes the Constitution as the Highest Authority (Rule of Law)

  • When State and Federal laws conflict, Federal Law overrides state law (Supremacy Clause)

  • Article 6 also prohibits religious tests as a requirement to hold government offices

  • Article 7 established the ratification process: 9 out of 13 states were required to ratify for the Constitution to become official

  • Ladder of laws (Supremacy Clause) presented as:
    1) U.S. Constitution
    2) Federal Laws and Treaties
    3) State Constitutions
    4) State Laws
    5) Local Laws

The Bill of Rights (Amendments 1–10)

  • The first ten amendments, ratified together in 1791

  • 1st Amendment: freedoms of religion, speech, press, assembly, and petition

  • 2nd Amendment: right to keep and bear arms

  • 3rd Amendment: no quartering of troops in homes

  • 4th Amendment: protection against unreasonable searches and seizures; warrants required

  • The overarching theme: Individual rights are a core American value

The Bill of Rights Continued (5th–10th Amendments)

  • 5th Amendment: Grand Jury Indictments, No double jeopardy, No self-incrimination, Due Process, No Eminent Domain

  • 6th Amendment: speedy trial, trial by jury in criminal cases, right to an attorney, right to bring and confront witnesses

  • 7th Amendment: Trial by jury in civil cases

  • 8th Amendment: No excessive fines or bail, no cruel and unusual punishment

  • 9th Amendment: People have rights not listed in the Constitution

  • 10th Amendment: Powers not given to the Federal government are reserved to the states or the people

  • The 9th and 10th amendments are designed to ensure the U.S. has a Limited Government

Connections, Implications, and Key Concepts

  • Structure and purpose of the Constitution:

    • Separation of powers across Legislative, Executive, and Judicial branches

    • Checks and balances to prevent the abuse of power

    • Federalism: division of power between national and state governments, with a hierarchy of laws

    • Supremacy of the U.S. Constitution over federal laws, treaties, state constitutions, and state laws

  • Popular sovereignty and the social contract: ratification required collective agreement by the states; Article 7 sets the process for forming the governing framework

  • Limited government: 9th and 10th Amendments reinforce that not all rights are enumerated and that powers not delegated to the federal government are reserved to the states or the people

  • Practical and ethical considerations:

    • The balance between national unity and state autonomy

    • The protection of individual rights against government overreach (Bill of Rights)

    • The ongoing interpretive debate about the meaning of a republic vs. democracy in constitutional text and on the AP exam

  • Real-world relevance:

    • The federal-state power balance shapes policy areas such as civil liberties, criminal procedure, and federal regulation

    • The amendment process provides a mechanism for societal change while protecting foundational principles

Quick Reference Formulas and Key Fractions

  • Proposal threshold for amendments: rac{2}{3} of both houses of Congress or of the state legislatures calling a convention

  • Ratification threshold: rac{3}{4} of the state legislatures or ratifying conventions

  • Ratification requirement for the original Constitution: rac{9}{13} of the states

  • Notation and terms:

    • Supremacy Clause establishes the hierarchy: Constitution > Federal Laws and Treaties > State Constitutions > State Laws > Local Laws

Summary of Foundational Principles Covered

  • The Constitution structures government into three branches with clearly defined powers and a system of checks and balances

  • The States have a republican form of government and play a crucial role within a federal system, including relations with other states

  • Amendments are a formal process requiring broad consensus across states; the first ten amendments (Bill of Rights) protect individual rights and limit governmental power

  • The Constitution is the Supreme Law, with a formal amendment process and a mechanism to maintain popular sovereignty and rule of law

  • The course materials emphasize the historical and philosophical context, including references to Biblical creation principles in discussions about the purposes of government and the nature of civic virtue