UNIT 5: THE CONSTITUTION

I. Introduction to the US.Constitution

1. What is the Constitution

• The supreme law of the United States.

• It is the foundation and source of the legal authority underlying the existence of
the United States of America and the Federal Government of the United States.

• It provides the framework for the organization of the United States

Government.
Chú thích từ constitution ở cuối slide này bằng định nghĩa trong cambridge
2. The Articles of Confederation
-In order to change the Articles, all thirteen states had to approve of the
changes. This made it essentially impossible to make any changes.
-For any major laws to pass they had to be approved by 9 or 13 states
which was difficult.
-Congress did not have the power to regulate commerce which caused
competition between states. It also caused diplomatic issues when states
refused to pay for goods they received from other nations.

Chú thích từ vựng ở cuối slide: Articles of Confederation: the

first agreement establishing a US government in
1781, later replaced by the US Constitution
3. Constitutional Convention
- It was written because of Shays’ Rebellion:
-An uprising of farmers in Massachusetts – led by Daniel Shays.
-Helped convince leaders that a strong central government was needed.

• Constitutional Convention was written on May 25th to September

17th, 1787
• Philadelphia
 • Intention was to revise the Articles of Confederation+ create a
government that would be powerful enough to run the country
but would not impose on people's or state's rights.
• To avoid too much power being held by one person or group,
they created the Balance of Power between the three branches of
government: Executive, Legislative, and Judicial
• Ended up replacing the Articles and creating a new government
• Called the “Constitutional Convention.”
.

Three main principles form the basis of the

Constitution:
1. The separation of powers of the three branches of
government: the legislative branch, the executive branch and the
judicial branch
2. Government of, for, and by the people
3. Basic human rights (individual freedom, equality, and justice)

4. Structure of the Constitution

 • Preamble:
– Statement of purpose
• Articles:
– I: Legislative Branch
– II: Executive Branch
– III: Judicial Branch
– IV: Relations Among the States
– V: Amendment Process
– VI: Federal Power
– VII: Ratification
• Amendments:
– 27 Total
– the Bill of Rights is the 1st ten amendments to the Constitution

5. Preamble to the Constitution (soạn vắn tắt) ko cần dài dòng

• The introduction to the Constitution is called the Preamble.

The Preamble begins with the phrase “We the people…”
 The Preamble begins with the phrase “We the people…”

6. Articles of the Constitution (soạn vắn tắt) ko cần dài dòng,

The Constitution is organized into 7 articles:

 Legislative Power
 Executive Power
 Judicial Power
 States' Powers and Limits
 Amendments
 Federal Power
 Ratification

-Seperation between Federation and the State Government

.II. The Seven Articles of the U.S. Constitution

1. Legislative Branch (PHẦN QUAN TRỌNG, Lấy thêm ndung ngoài sách
nhưng phải chuẩn xác)

The legislative - which makes the laws

• The legislative branch is called Congress and is made up of two Houses (parts):
• The House of Representatives
• - States with the largest populations have the most representatives in the House.
House members must be at least 25 years old or older to serve.
House members are elected to a two-year term.
 There are 435 members in the House of Representatives.

• Senate:
• The Senate is the other part of the Congress
• There are two senators for each state, which means of course there are 100
Senators.
• Senators must be at least 30 years old.
Senators are elected to a six-year term

• Important Powers:
– Make laws
– Set taxes
– Declare war
– Override Vetoes
– Borrow money
– Regulate international and national trade
– Print money

2. Execute Brand (PHẦN QUAN TRỌNG, Lấy thêm ndung ngoài sách
nhưng phải chuẩn xác)
-To enforce the laws or make sure the laws are carried out
• The executive branch is headed by the president.
• The president is the commander-in-chief of the armed forces.

-The president:
• The president is elected to a four-year term.
• The president can only serve two terms.
• The president must be a citizen by birth
• The president must be at least 35 years old.

• Important powers:
– Commander-in-Chief
– Grant pardons
 – Make treaties
– Appoint federal officers
– Ensure laws are executed

3. Judical Brand (phần này quan trọng, tìm thêm thông tin chuẩn trên
mạng để làm rõ ndung) to judge the laws or explains the laws and
makes sure they are fair

• The Judicial Branch of the federal government is headed by the Supreme

Court.
• Supreme Court justices are nominated by the president and approved by the
Senate.
• There are 9 Supreme Court justices, who are appointed for life.
• Judicial Review

• Important Powers:
• Decides cases of Constitutional law and federal law
• Cases involving ambassadors go straight to Supreme Court
• Judicial Review comes later (1803 – Marbury v. Madison)

Sau đó trình chiếu video này

https://youtu.be/hltv8-nzcUc

III.Relationship to the States ((soạn vắn tắt) ko cần dài dòng

Article IV outlines the relations among the states and between each state and the
federal government. It provides for such matters as admitting new states and
border changes between the states. For instance, it requires states to give "full
faith and credit" to the public acts, records, and court proceedings of the other
states. Congress is permitted to regulate the manner in which proof of such acts
may be admitted. The "privileges and immunities" clause prohibits state
governments from discriminating against citizens of other states in favor of
resident citizens.

IV. Supreme Law of the Land (soạn vắn tắt) ko cần dài dòng

The Constitution is the supreme law of the Land. All laws in the United
States must follow the Constitution. State legislators, officials, and federal
judges must swear or affirm their support for the constitution. This means that
the states' constitutions and laws should not conflict with the laws of the federal
constitution and that in case of a conflict, state judges are legally bound to honor
the federal laws and constitution over those of any state.

V. Ratification (soạn vắn tắt) ko cần dài dòng

Article Seven of the United States Constitution sets the number of

state ratifications necessary for the Constitution to take effect and prescribes the
method through which the states may ratify it. Under the terms of Article VII,
constitutional ratification conventions were held in each of the thirteen states,
with the ratification of nine states required for the Constitution to take
effect. Delaware was the first state to ratify the Constitution, doing so on
December 7, 1787. On June 21, 1788, New Hampshire became the ninth state to
ratify the Constitution, ensuring that the Constitution would take effect. Rhode
Island was the last state to ratify the Constitution under Article VII, doing so on
May 29, 1790.

VI. Amendments (Quan trọng)

1. How amendments are made

Article Five described ways to amend (change) the Constitution. The

Constitution can be changed.
New amendments can be added to the US Constitution with the approval
of a two-thirds vote in each house of Congress (67, 281) and a three-
fourths vote by the states (38).
1. Congress may propose (suggest) an amendment if two-thirds of both
houses vote for it.
2. The states may initiate an amendment. If two-thirds of all state
legislatures agree to propose it, Congress will call a national convention.
3. To add the amendment to the Constitution, three-fourths of the state
legislatures or special state conventions must ratify (officially approve) it.

2. The Bill of Rights (Quan trọng)

The First Amendment: People have freedom of religion, freedom of

speech, freedom of the press, freedom of assembly, and the right to
petition the Government.
The Second Amendment: People have the right to have a weapon to
protect themselves. The 2nd Amendment protects citizens’ right to bear
arms.
The Third Amendment: Soldiers cannot take or live in a person's house.
The Fourth Amendment: The government cannot arrest a person or
search their property unless there is "probable cause."
The Fifth Amendment: The government must follow the law (due
process) before punishing a person.
The Fifth Amendment is famous for people saying "I'll take the Fifth".
This gives people the right to choose not to testify in court if they feel
their own testimony will incriminate them.
The Sixth Amendment: A person has the right to a fair and speedy trial
by a jury
The Seventh Amendment: A person has the right to a jury trial for civil
cases. The 7th Amendment - provides that civil cases also be tried by jury.
The Eighth Amendment: The government cannot demand excessive bail
or fines, or any cruel and unusual punishment. The 8th Amendment
prohibits excessive bail, excessive fines, and cruel and unusual
punishments.
The Ninth Amendment: The Constitution does not include all of the
rights of the people and the states.
The Tenth Amendment: Any powers that the Constitution does not give
to the federal government belong to the states.
The 10th Amendment - gives all powers not specifically given to the
United States government in the Constitution, to either the states or the
people.

Chèn video này ở đây :

https://youtu.be/yYEfLm5dLMQ

3. Other Amendments (Nói sơ lược)

Now we come to the 11th Amendment. After four years after the ratification of
the Bill of Rights. The American people ratified the 11th Amendment in 1795
which bans the national courts from hearing certain lawsuits against states,
protecting the states. Scholars often refer to it as protecting the “sovereign
immunity” of the states.

Then we come to the 12th Amendment, which followed the extraordinarily

contested election of 1800 between Thomas Jefferson and John Adams.
The 12th Amendment altered the Electoral College and addressed the central
problem that led to such confusion in 1800, under the original Constitution,
electors cast two votes for president. Following this new amendment, electors
then put one vote for president and the other for vice president

The 13th Amendment (1865)

Neither slavery nor involuntary servitude, except as a punishment for a crime
whereof the party shall have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.
Congress shall have the power to enforce this article by appropriate legislation.
The 14th Amendment
Wrote the Declaration of Independence’s promise of freedom and equality in the
Constitution Makes everyone born on American soil a U.S. citizen and prevents
states from denying any person life, liberty, or property without due process.
Incorporates the Bill of Rights against the states.
the 14th Amendment to the U.S. Constitution ratified in 1868, granted
citizenship to all persons born or naturalized in the United States—including
formerly enslaved people—and guaranteed all citizens “equal protection of the
laws.”
15th Amendment
The 15th Amendment guaranteed African-American men the right to vote.
Almost immediately after ratification, African Americans began to take part in
running for office and voting. This amendment gave all men the right to vote
regardless of race or color or whether they had been slaves.

16th Amendment
Passed by Congress on July 2, 1909, and ratified on February 3, 1913, the 16th
amendment established Congress's right to impose a Federal income tax.

17th Amendment
Passed by Congress on May 13, 1912, and ratified on April 8, 1913, the 17th
Amendment modified Article I, Section 3, of the Constitution by allowing voters
to cast direct votes for U.S. senators. Prior to its passage, senators were chosen
by state legislatures.

18th Amendment
By its terms, the Eighteenth Amendment prohibited “the manufacture, sale, or
transportation of intoxicating liquors” but not the consumption, private
possession, or production for one's own consumption.

19th Amendment
Passed by Congress June 4, 1919, and ratified on August 18, 1920, the 19th
amendment granted women the right to vote. The 19th amendment legally
guarantees American women the right to vote. Achieving this milestone required
a lengthy and difficult struggle—victory took decades of agitation and protest.

20th Amendment
Commonly known as the “Lame Duck Amendment,” the Twentieth Amendment
was designed to remove the excessively long period of time a defeated president
or member of Congress would continue to serve after his or her failed bid for
reelection.
21st Amendment
The transportation or importation into any State, Territory, or possession of the
United States for delivery or use therein of intoxicating liquors, in violation of
the laws thereof, is hereby prohibited.

22nd Amendment
The amendment caps the service of a president at 10 years. If a person succeeds
to the office of president without election and serves less than two years, he may
run for two full terms; otherwise, a person succeeding to office of president can
serve no more than a single elected term.

23rd Amendment
It would permit District citizens to elect Presidential electors who would be in
addition to the electors from the States and who would participate in electing the
President and Vice President.

24th Amendment
The right of citizens of the United States to vote in any primary or other election
for President or Vice President, for electors for President or Vice President, or
for Senator or Representative in Congress, shall not be denied or abridged by the
United States or any State by reason of failure to pay any poll tax or other tax
Congress shall have the power to enforce this article by appropriate legislation.
25th Amendment
In case of the removal of the President from office or of his death or resignation,
the Vice President shall become President.
Whenever there is a vacancy in the office of the Vice President, the President
shall nominate a Vice President who shall take office upon confirmation by a
majority vote of both Houses of Congress.

26th Amendment
Twenty-sixth Amendment, amendment (1971) to the Constitution of the United
States extended voting rights (suffrage) to citizens aged 18 years or older.
Traditionally, the voting age in most states was 21, though in the 1950s Pres.
Dwight D. Eisenhower signaled his support for lowering it.

27th Amendment
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives shall have
intervened.

Cuối bài: 15 câu hỏi trắc nghiệm, thiết kế game như ai là triệu phú
Lưu ý cho người làm ppt (Minh Quân): những từ như: Legislative, Execute,
Judical, Supreme Law of the Land, Amendments, (ghi những từ này ở dưới
cùng của slide, chèn thêm engsub đề phòng sv ko hiểu từ chuyên ngành về
chính trị)