The Constitution Infosheet 2025 PDF

The U.S. Constitution Infosheet “We have created a Republic, ma’am, if YOU can keep it!” – Benjamin Franklin in 1787. ​ The Massachusetts state government ended the Shays’ Rebellion in early 1787 by sending militia troops to restore law and order. To many Americans, even those who had...

The U.S. Constitution Infosheet “We have created a Republic, ma’am, if YOU can keep it!” – Benjamin Franklin in 1787. ​ The Massachusetts state government ended the Shays’ Rebellion in early 1787 by sending militia troops to restore law and order. To many Americans, even those who had supported the Articles of Confederation, the United States seemed to be falling apart. It was obvious that a new federal government was needed – but how much power should it have? Each state was invited to send delegates to Philadelphia (the national capital at the time) in May 1787. The purpose of these delegates was to write a new constitution and create a new federal government. In May 1787, the Constitutional Convention began. Its delegates met in a building named Independence Hall. This was the same Independence Hall where the Declaration of Independence had been signed 11 years earlier. ​ The delegates knew they needed strong leadership to make their meeting work. This is why they asked George Washington to come out of retirement and serve as the leader of the Convention. Washington was the most admired man in America. There were several reasons for this. First, Washington won a war against the most powerful military in the world. Second, Washington could have used his popularity to make himself a king after the war ended in 1783, but he refused to do so. There were many Americans who would have supported this idea. Finally, Washington personally saved America by stopping a planned revolution that was organized by his former troops! These men were furious because the Continental Congress (or simply “Congress”) had never paid them for their service. They planned to invade Philadelphia to overthrow Congress and install Washington as a dictator. Washington spoke to these men and persuaded them to go home to their farms. Today, most politicians in Washington D.C. – and elsewhere in America – only care about money, fame, and power. They would have embraced the kind of power that Washington was offered. However, Washington believed in liberty. Despite his reluctance to get involved, Washington agreed to be the leader of the Constitutional Convention. However, he refused to say or do much during the meeting. He preferred to let others do the talking. ​ Fifty-five delegates from twelve states attended the Constitutional Convention. There were problems at the Convention right from the start. First, the politicians of Rhode Island were afraid of a strong federal government, so they refused to participate. Second, many leaders of the American Revolution were missing. For example, John Adams and Thomas Jefferson were both in Europe. Samuel Adams, John Hancock, and Patrick Henry refused to attend the Convention because they didn’t trust the motives of those who were there. Written by – and the property of – Mr. Benton ​ Most of the 55 delegates were wealthy and well-educated. They were also deeply patriotic. The smartest person at the Convention was James Madison. He was a rising political star from Virginia. Madison took all of the notes and did most of the writing. This is why he’s called “The Father of the Constitution.” As a group, the delegates had many different views on many issues. After several intense weeks of fierce and hostile debate, the delegates created a new document that was simply called The Constitution. ​ The Constitution gives the federal government the main powers to tax, to declare war, to raise an army, and the power to control the business that’s done between states. The federal government is also granted other powers under the Constitution. The Constitution also created THREE equal parts of the new American government called branches. There is the Legislative Branch, the Executive Branch, and the Judicial Branch. The Constitution also includes a Bill of Rights. The delegates of the Constitutional Convention signed the Constitution on September 17, 1787. It is one of the most important documents in world history. The Constitution gave the federal government a lot more power to provide guidance, direction, organization, and leadership for the United States, but it also emphasizes that American citizens have many natural (or God-given) rights that can never be taken away by the federal government. Next, it creates a balance between states with larger and smaller populations. Finally, the Constitution places reasonable limits on the power of the federal government, so that Americans can enjoy their liberty. 1. The Legislative Branch ​ The first branch is the legislative (or lawmaking) branch. This branch is known as the U.S. Congress. Its members write, debate, and vote on bills. A bill is a proposal for a new law. A bill doesn’t become a law until it’s passed by the entire U.S. Congress and signed by the president. Congress is made up of two parts called chambers. The lower chamber is called the House of Representatives, and the upper chamber is called the U.S. Senate. 1a) The House of Representatives (or simply “The House”) ​ The people who serve in the House of Representatives are simply called “congressmen”. The House was created to represent ALL adult citizens. As of 2025, there are 435 members of the House of Representatives. This number was much smaller many years ago. To make details about how the House works easier to understand, we will use a fictional congressman named John Wilson. Congressman Wilson represents a certain area in California. The area he represents is called a congressional district. There are 435 congressional districts in America since there are 435 congressmen. A congressional district is a specific place within a state. Its boundaries and land size will vary. A congressional district might include dozens of small towns OR several mid-sized cities OR one huge city. In America 2025, a single congressman is assigned to represent about 700,000 – 750,000 people within a state. In our example, Congressman Wilson’s district includes Lafayette, Moraga, Orinda, Canyon, Walnut Creek, and Concord. ​ As a member of the House of Representatives, Congressman Wilson’s first responsibility is to represent the beliefs and interests of the citizens who live in his district. This will influence how he votes on issues like taxes, the economy, education, immigration, and more. The citizens who live in Wilson’s district are his constituents (pronounced cun-stit-shoo-wents). According to the Constitution, a congressman serves two-year terms. This means that if Wilson was elected in 2024, then he’s got another election in 2030. The purpose of these constant elections was to make sure that congressmen were accountable to their constituents. Wilson’s constituents may vote to reelect him or they might elect someone else if they’re unhappy with his performance. Wilson’s second responsibility is to try to influence other congressmen to support his position on various issues. If he’s good at this, then Wilson might be able to get them to work together to write and pass bills that will benefit his constituents AND people in other parts of California and America. For a bill to pass the House, it needs the votes of a majority of congressmen. A majority is 50.01 percent or more of something. In this regard, a majority in the House today is 218 members or more. ​ The thing that determines how many congressmen are awarded to each state is the census. A census is when the federal government counts how many people live in a certain place. The U.S. government conducts a nationwide census every ten years to determine how many Americans live in Written by – and the property of – Mr. Benton each state. The last census was done in 2020 and the next one is scheduled in 2030. The information that’s gathered during the census will determine how many congressmen are awarded to each state. A state might have dozens of congressmen OR just one! It depends on the size of a state’s population. According to the Constitution, states with larger populations have more congressmen. This is why most bills that are passed by the House reflect the ideas of people who live in California, Texas, and other large states. ​ If the population of a state, like Florida, has increased since the last census was taken, then it will be awarded more congressional districts. This is good for Florida because that means more congressmen. The increase is usually between 2-4 new congressmen. However, if the population of a state, like Michigan, has decreased since the last census, then it will lose some of its congressional districts. This is why the current number of 435 members in the House has remained the same for decades. Every ten years, some states gain new congressmen, while others lose some. Since California is the largest populated state in America, it has the most congressmen in the House. There are now 52 congressmen from California who serve in the House. Each person represents different parts of the state. ​ The Constitution gives the House many powers, but it has two powers that the U.S. Senate does NOT have. First, it’s where all tax and government spending laws are written and debated. Next, the members of the House can impeach a high-ranking federal official. An impeachment can lead to someone being removed from office before his service has ended. ​ In order to qualify to serve as a congressman, a person must be at least 25 years old, be an American citizen for at least seven years, and he must live in the state where he’s elected. The Constitution makes it simple for any American citizen to serve in the House of Representatives. The leader of the House of Representatives is called the Speaker of the House. This is a powerful person who is elected by the members of the House. As of today, a Louisiana congressman named Mike Johnson serves as the Speaker of the House. 1b) The U.S. Senate (or “The Senate”) ​ ​ The upper chamber of Congress is the U.S. Senate. The Senate was created to represent the interests of the states in the federal government. This is why the Senate has a little more prestige than the House of Representatives. There are 100 members in the Senate. This is because each state has two U.S. Senators (or simply “senators”) no matter how large or small its population may be. The first responsibility of senators is to represent ALL of the citizens of their state in the U.S. Senate. They are his constituents. Just like congressmen, senators also represent the ideas of their constituents on matters like the economy, education, crime, and so on. Next, U.S. senators try to influence other senators to support their positions on these issues. According to the Constitution, a senator serves a six-year term. Therefore, if a senator was elected or reelected in 2020, then he won’t have to seek reelection again until 2026. For a bill to pass the Senate, it needs the votes of a majority of senators. Since there are now 100 senators, a majority in the Senate is 51 members or more. ​ The Constitution gives the Senate many powers, but there are three important powers that it has that the House does not. First, only the Senate can approve of treaties (or deals) between the United States and other countries. For example, if President Biden and the dictator of Iran make a peace deal, then only the Senate can approve it. If it doesn’t, then the treaty will not become law. Next, the Senate can call for a trial of a high-ranking federal official who has been impeached by the House of Representatives. All 100 senators act like a jury. If they vote to convict the accused person, then he is immediately removed from his position in the government. Finally, if the president wants to hire someone to perform an important job, he usually (but not always), needs the approval of the Senate. ​ To qualify to serve as a U.S. senator, a person must be at least 30 years old, an American citizen for at least nine years, and he or she must live in the state from which he is elected. The leader of the U.S. Senate is called the Senate Majority Leader. This person is elected by the other 99 senators. Today, the Senate Majority Leader is John Thune, and he is a senator from South Dakota. There are occasions when the Vice President of the United States can lead the Senate, but this rarely happens. Written by – and the property of – Mr. Benton How a Bill is Passed by the U.S. Congress ​ ​ Almost ALL bills originate in the House of Representatives, although some start in the Senate first. These bills may concern crime, taxes, energy production, education, and so on. Passing a bill is NOT easy! It requires six different steps. First, a congressman must write a bill. Next, the bill is sent to a House committee for research and analysis. A committee is a small group of people who discuss and analyze something. There are MANY different committees in the House (and in the Senate, too). To make this easier to understand, if Congressman Wilson writes a bill that affects the environment, then his bill will be sent to the “House Environmental Committee”. If he writes a bill that involves taxes, then it will be sent to the House Ways and Means Committee (or the House Tax Committee). A House committee is usually made up of 10-20 congressmen. Committee members will research, debate, and analyze a bill to determine if it’s realistic, needed, AND can be passed by the House. ​ Third, if the committee members don’t like a bill, then it will be thrown away, but if they do support it, then the bill will be sent to the entire House for debate. Fourth, if the bill gets 218 or more House members to support it, then it will be sent to the Senate for approval. Fifth, if it’s passed by the Senate, then the bill goes to the president. Finally, if the president signs the bill, then it becomes a national law. However, if the president doesn’t, then that’s called a “veto” (pronounced vee-toe) or a rejection. If this occurs, then the bill doesn’t become a law. Wilson may have to start all over again! There might be a last-minute effort to rescue his bill from the president’s veto, but that takes a LOT of congressmen and senators to agree to do that, which is why it’s rarely done. Senators can also write bills, but this usually doesn’t happen as much as it does in the House. If a senator writes a bill and it passes the Senate, it is then sent to the House of Representatives for approval. If the House approves it, then the bill is sent to the president for his signature. 2. The Executive Branch ​ ​ The second branch of the federal government is the Executive Branch. This is defined as being the law enforcing branch of the federal government. The person who is in charge of the Executive Branch is the president. The president is the national leader of the United States of America. He is supposed to represent all Americans regardless of their personal backgrounds OR political beliefs. To make this easier to understand, the current president, Joe Biden, will be used as a reference. ​ According to the Constitution, President Biden’s top responsibility is serving as the Chief Executive of the United States of America. This means he’s responsible for enforcing ALL of the federal laws of the United States, even those he might not personally support. Some of these laws go back to the 1790s. Others are as recent as 2024. Regardless, President Biden must enforce ALL of them. ​ The Constitution forbids the president from writing his own bills and signing them into law. If he could do that, then nothing would stop him from acting like a dictator! The president can ask the members of the House of Representative and the U.S. Senate to write and pass bills on his behalf. He can also ask them to write bills that will repeal an old law he doesn’t support. For example, if President Biden does not support a federal law that requires all American motorists to wear seat belts, then he must ask the members of the House and the Senate to write a bill that will repeal the old law. If a majority of the members in both chambers support this, then a bill that repeals the seat belt law will be sent to President Biden. Remember, a majority is AT LEAST 218 congressmen and 51 U.S. senators. If President Biden signs the bill, then the old seat belt law will be repealed (or removed). A state, city, or town cannot refuse to enforce a federal law. If a state government, like California’s, can refuse to enforce federal laws, then that means all federal laws throughout California, and other states, are subject to random and arbitrary enforcement. Other states will repeat this behavior, which will lead to the same disorder that occurred during the Articles of Confederation. For example, if the members of the California state government can get away with refusing to obey certain federal laws (which is what they’ve vowed to do), then there’s nothing that stops a state like Texas from enforcing federal laws or a state like Mississippi from enforcing federal laws. Where does this end? Written by – and the property of – Mr. Benton ​ The president may decide that he does not want to sign a bill that has been passed by the House and the Senate. In this case, he may decide to veto the bill. For example, if the U.S. Congress passes a bill that raises taxes, President Biden may veto that bill if he doesn’t support tax increases. Once a bill has been vetoed, it usually means that bill is dead. There is a slim chance that it may be rescued. A minimum of 2/3rds (or 67% rounded up) of the members of the House and the Senate may vote to override (or overrule) the president’s veto. If that happens, then the bill will become a law without the president’s signature. However, this rarely happens because such it requires a supermajority in both chambers of Congress. There are currently 435 members in the House of Representatives and 100 members in the U.S. Senate. Two-thirds of 435 equals 291 House members, and two-thirds of 100 equals 67 senators. These are incredibly hard numbers to obtain! ​ In addition to having the power to sign or veto laws, the Constitution assigns other duties to the president. The president serves as the “Chief of State”. This means that he controls America’s foreign policy. The term, foreign policy, involves the relationship that a country has with other countries. For example, President Biden decides what kind of relationship the United States will have with Canada. In addition, President Biden represents the United States when he goes to another country to meet with its leaders. The president can make treaties with other countries. A treaty is a legally enforceable agreement that is made between two or more countries. For example, President Biden can make a treaty with the government of Ireland that will allow more Irish adults to come to America to enroll in American colleges. However, the Constitution says that all treaties must be approved by 2/3rs of the members (or 67 members) of the U.S. Senate. This was done to make sure that treaties have a LOT of support among the people and the states. ​ Next, the Constitution says that the president is the “Commander-in-Chief” of the United States. This means that the president is the leader of the entire United States military. Today, the military consists of the Army, Navy, Air Force, Marines, and Coast Guard. While each has its own top commanders, none of them can decide to do whatever they want unless they have President Biden’s approval. The reason the president is the commander-in-chief is because military leaders would have a LOT of power if they could make military decisions by themselves. That would be a great threat to American democracy. Nevertheless, there are limits to President Biden’s power over the military. First, the president can never use the military against American citizens. Second, the president is supposed to get approval from Congress to use the American military against a foreign enemy. This is called a declaration of war. A declaration of war must be passed by the House and the Senate. Over time, there have been questions about whether a war declaration is still necessary. Additional Information ​ The president has a group of people who advise him on how to handle important national issues like taxes, the economy, national security, crime, immigration, and so on. Taken together, this close group of high-ranking advisors is called the President’s Cabinet (or “The Cabinet”). The advisors are called secretaries. The main function of Cabinet secretaries is to meet with President Biden on a regular basis to provide him with advice on how to handle important issues. The Constitution never mentioned anything about a Cabinet. This was created by President George Washington to help him govern America. Today, the President’s Cabinet is a big part of the Executive Branch. ​ Cabinet secretaries are in charge of their own departments. The word “department” is a term that’s used to describe a large number of people who perform a specific task for a certain organization. The people who work in federal departments gather a lot of information about a certain issue and give it to their Cabinet secretary. The president’s secretaries use this information to advise him. Since President Biden is supposed to be extremely busy, he sometimes has to entrust his secretaries to make decisions on his behalf. There are MANY departments within the Executive Branch today, and the president is in charge of all of them. The four largest, and most important, are the Departments of State, Justice, Treasury, and Defense. The Department of State (also known as “The State Department”) Written by – and the property of – Mr. Benton ​ The Department of State is responsible for handling America’s relationships with foreign countries. The person in charge of the State Department is the Secretary of State. This person is the president's top foreign policy advisor. He is also the person who is sent to meet with foreign leaders if President Biden or Vice President Kamala Harris are unavailable or uninterested in doing so themselves. The Department of Justice (also known as “The Justice Department”) ​ The Department of Justice is responsible for enforcing all federal laws. It makes sure that people who violate federal laws are correctly charged and fairly prosecuted in a court of law. The person who is in charge of the Justice Department is called the Attorney General. The Department of the Treasury (also known as “The Treasury Department”) ​ This department is responsible for managing the money supply of the United States federal government. It makes and prints money, collects federal taxes and other fees, and makes sure that the federal government has the money it needs to keep operating. The person who is in charge of the Treasury Department is called the Secretary of the Treasury. This person is the president's top economic advisor. The Department of Defense (also known as “The Defense Department”) ​ The Defense Department is responsible for protecting the United States from all foreign threats. It’s also responsible for making sure that the United States has a strong military. The person who is in charge of the Defense Department is called the Secretary of Defense. Qualifications to Serve as President ​ ​ The Constitution established the minimum qualifications that a person must meet to be eligible to serve as president. The person must be a natural born American citizen, a resident of the United States for at least 14 years, and at least 35 years old. While most Americans are theoretically eligible to serve as president, the only people who have a chance of being elected are usually the following: governors, U.S. senators, famous generals, billionaires, or popular celebrities. ​ According to the Constitution, the third main branch (or part) of the United States government is the Judicial Branch. This is the law interpreting branch of the federal government. To interpret a law means to determine if it’s legal and fairly applies to everyone. There are over 100 different federal courts across the United States today. These all make up the Judicial Branch of the federal government. Each federal court is independent of each other. In other words, a federal court in California cannot influence a federal court in New Jersey. ​ There are three types of courts that make up the Judicial Branch. There are federal district courts, federal appeals courts, and the U.S. Supreme Court. In terms of size, power, and rank, district courts are at the bottom. There are about 90 federal district courts across America. In the middle are federal appeals courts. These courts are much larger and more powerful. There are only 13 appeals courts in America. At the very top is the U.S. Supreme Court. It’s the most powerful court in the country. ​ Each federal court in the Judicial Branch has its own jurisdiction. Jurisdiction is defined as having power and authority over a certain area. For example, the principal at JM has jurisdiction at JM, but he does not have jurisdiction at Miramonte High School. The jurisdiction of a federal district court often includes several counties within a state (like Contra Costa County, Marin County, and Alameda County). The jurisdiction of a single appeals court includes several states like California, Nevada, Arizona, and Oregon. The federal district court that has jurisdiction over Moraga, and many other towns and cities in the Bay Area, is called the Northern District Court. This court is located in San Francisco. The appeals court that has jurisdiction over California, and several other western states, is called the 9th Circuit Court of Appeals. 3. The Judicial Branch Written by – and the property of – Mr. Benton ​ It’s important to understand that judges are like umpires in baseball. As you know, umpires call balls and strikes, but they are NOT supposed to show favoritism toward certain players and team OR be biased against certain players and teams. Umpires are also forbidden from trying to influence the outcome of a ballgame. Judges are supposed to behave the exact same way in court. ​ Federal courts only accept cases that involve violations of the Constitution or violations of some other federal law. Examples of federal laws include laws that involve national security, business between states, U.S. tax laws, crimes that have occurred on land that is owned by the federal government, and so on. While federal courts handle fewer cases than state or city courts, the cases that are heard are often in federal courts are of great importance and interest to the public. ​ As mentioned earlier, there are federal district courts and federal appeals courts. If there is a dispute regarding a federal law, then the case usually begins in a federal district court. For example, if Bob Jones in Moraga has an argument with the IRS, then he would file a lawsuit in the federal district court in San Francisco. This district court has jurisdiction over Moraga. As in all court cases, there is a winner and a loser. If Mr. Jones loses, then he can request an appeal. An appeal is to ask permission for a case to be reconsidered at a higher-ranking court. Mr. Jones can appeal his case to the 9th Circuit Court of Appeals. Remember, this is the appeals court that has jurisdiction over California. This court is also located in San Francisco. Since an appeal involves asking permission, the 9th Circuit Court of Appeals can deny Mr. Jones’ request. If that happens, then his case is settled. If the appeals court accepts his appeal, then Mr. Jones will be allowed to try again. If he loses, then he can either accept the decision of the appeals court OR he can make one final appeal. This final appeal will have to be made to the next highest-ranking federal court, which is the Supreme Court. ​ The Supreme Court is the most powerful court in the United States. Its jurisdiction is the entire country. The judges who serve on the Supreme Court are called justices. The Supreme Court building is located in Washington D.C. The purpose of the Supreme Court is to make a final decision about which federal laws are acceptable based on the rules of the Constitution. Laws that violate the Constitution are “unconstitutional”. If a law is unconstitutional, then it cannot be enforced anywhere in the United States. To be clear, a federal district court and a federal appeals court can rule that a law is unconstitutional, but these decisions can be appealed. However, once the Supreme Court has made its ruling, it cannot be challenged. ​ As of today, the Supreme Court is made up of nine justices. In order to serve on the Supreme Court – or on ANY federal court in America – a person must be selected by the president. The members of the U.S. Senate decide if the president’s selection is acceptable. If the president’s selection gets the support of a majority of U.S. senators (which is 51 senators or more), then the president’s selection will be allowed to serve on the specific federal court to which he/she was appointed. ​ As you can see, it’s a long and difficult process to get a case before the Supreme Court. Its judges only agree to listen to cases that are incredibly important. As a result, only a handful of cases are presented before the Supreme Court each year. Once a person has been approved to serve on the Supreme Court – or any other federal court – that person serves for life. The reason why is because the Written by – and the property of – Mr. Benton delegates of the Constitutional Convention did not want federal judges to be influenced by public opinion, the results of elections, or by the legislative or executive branches. ​ A federal judge cannot be removed unless he/she is impeached. The trial of an impeached person takes place before the entire U.S. Senate. The senators act like a large jury. It takes at least 2/3rds of the 100 senators (or 67 senators) to convict an impeached person. If an impeached federal official is convicted, then that person is immediately removed from his/her job. The justices of the Supreme Court have made many important decisions that have changed the course of American history and society. 4. The Bill of Rights ​ In addition to being intelligent, the delegates knew that the federal government might have to go through some major social changes in the future. Therefore, the delegates created the amendment process. To amend the Constitution means to change something about it. This change will affect the entire federal government and the rest of America. ​ The process to amend the Constitution is complicated. This was done on purpose. The delegates did not want a Constitution that could easily be changed because that would create confusion and instability. Imagine if it were simple to easily change the homework policy, the dress code policy, and the academic standards at JM on a whim? That would create a school that is incredibly chaotic and unstable. The delegates wanted to make sure that any change to the Constitution received the overwhelming support of Americans. ​ The following example will make this process easy to understand. According to the Constitution, only someone who is 35 years or older may be elected president. Let’s pretend that Americans today believe that the age requirement should be lowered to eighteen. This will require a constitutional amendment since it changes a rule within the Constitution. Since this is an amendment, rather than a regular congressional bill, it will require the support of at least 2/3rds of the members (or 67%) of the House of Representatives and at least 2/3rds of the members of the U.S. Senate. This is an incredibly difficult standard to meet. If the constitutional amendment successfully meets this standard, it then needs to be approved by 3/4ths (or 75%) of the state legislatures. A state legislature is almost identical to the U.S. Congress. ​ There are 50 state legislatures in the United States since they’re 50 states. As mentioned earlier, the new amendment to lower the age a person can be elected president must now be approved by at least 3/4ths of the state legislatures. That’s a minimum of 38 states. If this happens, then the amendment is approved and becomes a part of the U.S. Constitution. If any part of the approval process fails, then the entire amendment is rejected. Over the years, hundreds of amendments have been proposed. Only 27 of them were approved. Among the most important are the first ten. These are collectively referred to as “The Bill of Rights”. ​ There were some delegates at the Constitutional Convention of 1787 who were VERY nervous about supporting the Constitution. They were worried that the Constitution would create a new federal government that would become too powerful. These delegates refused to support the Constitution if it didn’t include amendments that identified the rights that all American citizens would have. This is what led to the creation of the Bill of Rights. Each of the first ten amendments will be explained below. 1st Amendment ​ This amendment can be broken down into four parts. The first is the freedom to choose one’s religion. The delegates at the Constitutional Convention were well aware of the long and bloody religious wars that had been fought throughout history. They wanted to make sure that religious wars would never be waged within the United States. The right to worship one’s religion means that a person can worship any religion he/she wants without government censorship, interference, or intimidation. For example, a person in America can be Christian, Jewish, Muslim, etc. without anyone in government interfering with their religious ideas, practices, and beliefs. Written by – and the property of – Mr. Benton ​ The second part involves the right to speak freely. This needs to be understood correctly. The right to “free speech” means that the U.S. Congress cannot pass a law that prevents American citizens from criticizing their government (whether it’s the local, state, or federal government). This does NOT mean that employees cannot be fired for criticizing their boss or students cannot be disciplined for creating a website that insults their teachers. ​ The third part of the 1st Amendment involves the right to a free press. A “free press” is a term that refers to journalists being able to do their jobs without someone from the government restricting or influencing their work. However, a free press has responsibilities. Journalists cannot knowingly and deliberately write false information about people, businesses, politicians, and organizations. They can be taken to court for engaging in such dishonest behavior. For example, if a journalist were to write that President Biden murdered someone when he was younger when that crime never occurred, then President Biden can take that journalist to court – and rightfully so. Journalists are expected to be accurate in their reporting, since what they write and publish can impact a person’s life, reputation, and career. ​ The fourth part of the 1st amendment involves the right to petition the government. To petition is to officially ask the government to change something. For example, a person has the right to collect signatures to convince their congressman or U.S. senator to propose a new bill or to vote against a certain bill. ​ It's no coincidence that the right to free speech, the right to a free press, and the right to petition the government were the first rights that were listed in the Bill of Rights. These were the same rights that King George III and Parliament had attempted to limit or ban during the 1760s and the 1770s. Furthermore, the right to worship freely is what motivated many Englishmen, like the Pilgrims and the Puritans, to immigrate to North America during the early 1600s. 2nd Amendment ​ The second amendment says that law abiding American citizens are allowed to own guns. It’s impossible to know what the delegates at the Constitutional Convention would think about guns in America today, nor does it matter! Their words were VERY clear. They believed that a well-armed citizenry would prevent the federal government from attempting to abuse its authority. This belief is absolutely correct. If only the police and soldiers are allowed to have guns, then NOTHING could stop them from abusing their power. This is why the right of American citizens to own guns is the Second Amendment, rather than the 7th Amendment or the 10th Amendment. It provides “muscle” to defend the rights that are guaranteed by the First Amendment. ​ The delegates included specific language in the Second Amendment that allows citizens – even those who live today – to create their own militias. A militia is not the same as a mob, nor is it the same as the state National Guard. This is a common misconception that many Americans have today. The National Guard is like a state army that’s under the control of a state governor and – if necessary – the president. That’s not something the delegates wanted or intended for the states to have because they feared such a military unit could be used to scare people within a state into obeying its government. Furthermore, the word “militia” today in America often conjures images of radical or racist groups that reside in various parts of the country. These groups are not militias. Instead, they’re gangs of hoodlums, renegades, or terrorists who are falsely labeled “militias” when they are not. ​ In addition to preventing government’s abuse of power, the majority of American communities during the late 1700s were located outside of large cities like Boston, New York City, and Philadelphia. These communities constantly faced the threat of attacks and raids from American Indian tribes. People today refuse to understand the real fear and terror that American settlers often faced. These people had to rely on themselves to ensure their safety. In addition, many battles during the War for Independence were fought and won by American militias. 3rd Amendment Written by – and the property of – Mr. Benton ​ The Third Amendment forbids the quartering of troops in a person’s home without his permission. You may remember that Parliament passed the Quartering Act in 1765. This allowed British soldiers to enter a person’s home and use it however they wanted and for however long they wanted. It also allowed British troops to force Americans to build them homes, if requested. Any American who refused to obey the Quartering Act risked being fined or sent to jail. 4th Amendment ​ The Fourth Amendment prevents the police from searching a person’s private property without a search warrant. Today, such property may include a home, a cell phone, a car, a home storage shed, etc. It is not easy for the police to obtain a search warrant – nor should it be. They must have a solid reason why they need to search a person’s private property. Without a search warrant, the police – or government agencies like the FBI – would have unlimited power to search a person’s property for any reason. To make this easier to understand, imagine if teachers could search your backpack and your personal computer whenever they wanted for the weakest of reasons! 5th Amendment ​ The Fifth Amendment gives all American citizens five VERY important legal protections. ​ 1. First, no person can be sent to a trial unless the trial has been authorized by a grand jury. A grand jury is made up of about twenty or more ordinary citizens who come from a local community, like Moraga or San Francisco, for example. The members of a grand jury are chosen by a prosecutor. A prosecutor’s job is to try to get someone who has been accused of committing a crime convicted and sent to prison. A grand jury analyzes the evidence that has been obtained by a prosecutor. If the evidence is solid, then the grand jury will recommend that the prosecutor take an accused person to trial before a judge. If the evidence is weak, then the grand jury will recommend that the prosecutor dismiss all charges against an accused person. For example, let’s pretend that the San Francisco police officers have arrested Bob Smith for making illegal video games. The police are responsible for gathering as much evidence as they can against Mr. Smith. This must be done fairly, properly, and legally. The officers who conducted the search give their evidence to the city’s top prosecutor. This person is commonly referred to as the District Attorney (or DA). The District Attorney presents the evidence against Mr. Smith to a grand jury. Since Mr. Smith is accused of committing a crime in San Francisco, the grand jury will be made up of about twenty ordinary people who live in San Francisco. The grand jury will listen to the DA’s arguments and review his evidence. If they believe the evidence against Mr. Smith is strong, then they will recommend the DA prosecute Mr. Smith in court. If the grand jury believes the evidence is weak, then they will encourage the DA to drop all charges against Mr. Smith. The DA is likely to follow the advice of a grand jury. If he cannot convince them, then it’s highly unlikely that a jury in court will be convinced, too. ​ 2. The Fifth Amendment protects American citizens against double jeopardy. This is not a reference to the game show, “Jeopardy”. The term “double jeopardy” is when a person is twice sent to trial for the same crime. The Fifth Amendment says that once a person has been found “not guilty” by a jury in a court of law, then he cannot be sent to trial again for the same crime. There cannot be a “do-over”. This applies even if the police find new evidence that proves the person was really guilty. If this part of the Fifth Amendment was not included, then the government could easily punish a person twice for committing the same crime. That would be like a student serving a detention for chewing gum in class on Monday, and then the teacher deciding to give the student another detention, even though the student already served his detention on Monday! ​ 3. The Fifth Amendment protects people from saying things that might lead to them being found guilty in a court of law. This is called the right against self-incrimination. For example, if the police believe that Bob Smith made illegal video games, they cannot force him to make a confession. In addition, if Mr. Smith is taken to court, the prosecutor cannot force him to say anything that may prove he’s guilty. Written by – and the property of – Mr. Benton ​ 4. The Fifth Amendment also guarantees “due process”. This term means that the government cannot take away a citizen’s life, property, or liberty unless it meets difficult constitutional requirements and expectations. ​ 5. The Fifth Amendment says that the government (local, state, and federal) cannot take a person’s private property without paying a fair price for it. This part of the Fifth Amendment has nothing to do with being charged with a crime. There are times when the government wants to build something for the overall good of the public. This is called eminent domain. For example, the government may want to build a new road to reduce traffic and increase business in a certain community. However, if the location where the government wants to build the road is on a person’s private property, like a farm, then there’s a problem. If the person refuses to sell his land to the government, then that presents an even bigger problem! The U.S. Constitution does allow the government to forcibly seize that person’s property if it can prove the thing that it wants to build will benefit a LOT of people. In other words, the government cannot seize a person’s home or farm just because it wants to allow a businessman to build a restaurant. That restaurant does not meet the constitutional requirement of serving the “public good”. A public good typically involves infrastructure. If the government seizes a person’s private property, then the person must receive a fair price for the value of his land. In other words, if the land is determined to be worth $500,000, the government must pay that person $500,000 or more for his property. It cannot pay him $10,000. A person may also choose to go to court to stop the government from carrying out its eminent domain. 6th Amendment ​ The Sixth Amendment has THREE parts. First, it says that all American citizens are guaranteed a fair and fast trial that’s to be held in public, not in secret. If a person is arrested, then he is forced to stay in a local jail. A jail is different from a prison. A prison is much larger and this is where a person is sent after he/she has been found guilty of committing a serious crime. A person who is in jail is not supposed to wait too long for his trial to begin. This is because it will be like being in prison, which is unfair. ​ Next, trials are supposed to occur in the same area where the crime supposedly took place. A person who committed a crime in Moraga cannot be sent to trial in Los Angeles – unless both the prosecutor and the defense attorney agree that moving the trial to Los Angeles is in the best interests of justice. ​ Third, a person who has been accused of committing a crime (which is called a defendant) has the right to review the evidence that’s being used against him by the prosecutor. A defendant has the right to question any witnesses or experts that the prosecutor uses in court. There are to be no secrets or surprises during a trial. Doing so would manipulate the trial and wrongly influence a jury. 7th Amendment ​ This amendment deals with civil cases (or civil lawsuits). A civil case is a lawsuit that involves an argument between people OR between people and a business OR between two or more businesses. The lawsuit involves someone wanting to receive a certain amount of money for a wrongdoing that he believes has been done to him in some way. ​ The 7th amendment usually applies to civil cases where stolen or damaged property are involved. According to its original text, the 7th amendment applies if the value of stolen or damaged property is worth more than $20. No one is going to go on trial before a judge in a case that involves a defendant stealing a $5 pack of gum from Safeway! If the value of the stolen or damaged property is higher than $20, then the person who is suing OR the person who is being sued have a right to request a judge and a jury to be involved in the case. ​ NOTE: In 1790, twenty dollars was a LOT of money. Today, most federal courts won’t accept a lawsuit where the value involved is worth less than $75,000. If a case does involve $75,000 or more, a judge and a jury are usually required or requested. Written by – and the property of – Mr. Benton 8th Amendment ​ The Eighth amendment consists of TWO parts. First, it protects American citizens from having to pay excessive bail. Bail is the amount of money a person must pay to the court in order to be released from jail. It’s important to understand that bail is not a bribe or an illegal payment. For example, if Bob Smith is arrested on January 15 for stealing video games, then he will be sent to a local jail. A date for his trial will be determined by the people who work in the court where Mr. Smith’s case will be held. That court date might be 21 days later or more. Remember, a grand jury will recommend if the prosecutor should prosecute Mr. Smith. If a trial is set, then Mr. Smith must attend this trial. Obviously, he does not want to wait in jail for the next 21 days for his trial to begin. If Mr. Smith pays his bail, then he will be allowed to go home. However, he cannot pack up and leave town. Doing so would mean that he is trying to escape the law. If that were to happen, then the police would be sent to find Mr. Smith and bring him back to jail where he will be forced to stay until his trial is over. In addition, Mr. Smith would not be given a second chance to pay his bail. ​ The amount of bail is determined by the judge who is scheduled to listen to Mr. Smith’s case. It’s also determined by the severity of the crime, and if the judge believes that Mr. Smith is a risk to flee to another state or country to avoid his trial. The amount of bail must be reasonable. A judge cannot order someone who is accused of stealing a 20-inch TV to pay a $900,000 bail! The main purpose of bail is to allow someone who has been arrested to avoid staying in jail, but it does NOT allow a person to avoid his trial. Another purpose is to keep a person who is accused of committing a crime “honest” by requiring him to pay for his temporary release. Therefore, if bail is eliminated, then that means a person who is charged with committing a crime will no longer need to pay bail (whatever that amount may be) to secure his temporary release. He will receive a notice to appear in court to face possible prosecution. This may produce questionable results because little can be done to make sure that the person will show up to court, as required by law. ​ The Eighth Amendment also forbids cruel and unusual punishments. This involves torturing or punishing people in ways that are believed to be inhumane. There are many different ideas and opinions about which punishments are “cruel and unusual”. These opinions are still debated in America today. The 9th Amendment ​ The Ninth Amendment is vague. It simply says that any rights that are not given to American citizens by the Constitution still belong to them. The delegates wanted to make it clear that while they might have forgotten to mention certain rights and liberties, this does NOT mean that these rights and liberties don’t exist. The 10th Amendment ​ The Tenth Amendment is also vague. It says that any powers that are not specifically given to the federal government belong to the states. For example, the Constitution does not specifically mention voting or public education. Therefore, it’s up to the politicians and people of individual states to decide how voting is to be done and how public schools are to work within their states. 5. Checks and Balances (or Separation of Powers) ​ James Madison, and the other men who contributed to the creation of the U.S. Constitution, were great students of history who learned from the mistakes that were made by the leaders of the great civilizations of the past like Israel, Athens, Rome, and England. Madison, and others, had two big concerns. First, they were very concerned about making sure that each of the three parts (or branches) of the new federal government did not have more power than the other. Next, while they wanted to make sure that the federal government was strong, the Framers also did NOT want it to have too much power over the states AND ordinary American citizens. ​ Due to their worries and concerns, the framers developed a system of government that would enable each branch of the federal government to limit the power of the other two branches. This system is called checks and balances. The term “checks” refers to “limiting power” and the term “balances” refers Written by – and the property of – Mr. Benton to making sure that power within the government is shared equally. The idea of checks and balances was not an original idea. In fact, the ancient Romans developed a system that was similar to this. The problem was that the Roman system was flawed. The idea of checks and balances was revisited over 1,000 years later by Baron de Montesquieu (pronounced day mon-tisk-skew). He was an important French thinker and philosopher who lived during the 1700s. ​ The system of checks and balances is an important part of the federal government. It allows one branch of the federal government to block the actions of another branch to ensure that power is shared equally among them. For instance, President Joe Biden can “check” Congress’s power to pass laws by vetoing a bill before it becomes a law. Congress can “check” President Biden’s power by overriding his veto by a two-thirds majority vote in the House of Representatives and the U.S. Senate. The judicial branch can “check” the actions of the other two branches by a process called judicial review. Judicial review refers to the power of federal courts to rule the actions of the president AND the U.S. Congress as unconstitutional. If a law is unconstitutional, then it cannot be enforced. ​ The powers of the judicial branch are also checked and balanced. Even though federal judges and the justices of the Supreme Court can declare laws unconstitutional, it is the president who chooses federal judges. In addition, Congress can impeach federal judges. ​ In conclusion, the system of checks and balances are supposed to keep each branch of the federal government from being too powerful. This balance of powers is one of the most important features of the U.S. system of government. It has also influenced the development of the governments of all 50 states. These state governments are – more or less – modeled to look exactly like the federal government. Written by – and the property of – Mr. Benton