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CONSTITUTION DAY& CITIZENSHIP DAY

September 17

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Why Recognize thisDocument?

The purpose of Constitution Day and Citizenship Day is to ensure

that students in our country have an increased knowledge andappreciation of this valuable and important document of freedom.

The Constitution is a handwritten document which is over 200 years old.

It is a living document that protects our rights and freedoms.

Why September 17?This is the day that the original document wasadopted in 1787.

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Background

1787 -- The 13 original colonies were united by the Articles of Confederation.

There were problems because the Articles did not provide a strong government.

Just a few of these problems were that the government had no power to collecttaxes, no power over trade or commerce and no control over money -- each statecould print its own.

On May 25, 1787 in Philadelphia, PA, delegates from 12 statesgathered to begin a convention where they planned to rewritethe laws in the Articles of Confederation.

Philadelphia, the largest and most modern city at thetime, was picked to host the convention because it wasin the geographic middle of the states.

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The Constitution Composition

The Constitution is comprised of the following:

Preamble

Articles

Amendments

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PreambleWhat does it mean?

The preamble is the introduction to the Constitution.

It outlines the general goals of the framers: to create a just government,insure peace, provide an adequate national defense, and promote a healthy,free nation.

With its first three words, We the People, the preamble emphasizes that

the nation is to be ruled by the people - not a king or dictator, not the president,Supreme Court Justices, members of Congress or statelegislators.

The Supreme Court held in 1905 (in Jacobson v.Massachusetts) that the preamble is not a source offederal power or individuals rights.

All rights and powers are set out in the articles

and amendments that follow.

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Preamble to theConstitution

We the People of the United States, in Order to form a

more perfect Union, establish Justice, insure domesticTranquility, provide for the common defence, promote the

general Welfare, and secure the Blessings of Liberty toourselves and our Posterity, do ordain and establish thisConstitution for the United States of America.

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The Articles

Article I covers the Congress or legislative branch.

Article II covers the President or executive branch.

Article III covers judges and national courts or judicial branch.

Article IV covers how the states relate to each other and the nationalgovernment.

Article V covers how the Constitution can be changed.

Article VI covers how the Constitution is thesupreme law of the land.

Article VII covers the ratification of the

document.

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Bill of Rights

The Bill of Rights was not included in the 1787Constitution.

The first ten amendments (Bill of Rights) wereratified on December 15, 1791.

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First Amendment

Freedom of Religion, Speech and the Press;Right of Assembly and Petition

The First Amendment allows citizens to express and to beexposed to a wide range of opinions and views.

It was intended to ensure a free exchange ofideas even if the ideas are unpopular.

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Second Amendment

Right to Bear Arms

The principal debate surrounding the Second Amendment concernswhether the right to use and buy guns belongs to individuals or only toa militia.

Although the courts generally have held that the rightapplies to individuals, they have permitted the governmentto limit some rights of gun manufacturers, owners and

sellers.

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Third Amendment

Housing of Soldiers

Intended to protect citizens rights to the ownership and use of their

property without intrusion by the government.

The drafters of the Constitution, like many other colonists, wereresentful of laws, in place before the Revolutionary War, that allowedBritish soldiers to take over private homes for their own use.

The amendment bars the government from forcingindividuals to provide lodging to soldiers in theirhomes, except during war when the interest ofnational security may override an individuals

right of private property.

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Fourth Amendment

Search and Arrest Warrants

Protects people against unreasonable searches and seizures bygovernment officials.

A search can mean everything from a frisking by a police officer to a bloodtest to a search of an individuals home or car.

A seizure occurs when the government takes control of

an individual or something in his or her possession.

Items that are seized often are used as evidencewhen the individual is charged with a crime.

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Fifth Amendment

Rights in Criminal Cases

Requirement that serious federal criminal charges be started by a grandjury (a group of citizens who hear evidence from a prosecutor about

potential crimes).

This amendment is rooted in English common law.

Its basic purpose is to provide a fair method for beginningcriminal proceedings against those accused ofcommitting crimes.

Grand jury charges can be issued against anyoneexcept members of the military, who are insteadsubject to courts-martial in the military justice system.

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Sixth Amendment

Right to a Fair Trial

In a criminal case, the government prosecutes or charges adefendant with a violation of the criminal law and begins proceedings(bail hearings, arraignments and trials) to prove that charge beyond areasonable doubt.

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Seventh Amendment

Rights in Civil Cases

Extends the right to a jury trial to federal civil cases such as caraccidents, disputes between corporations for breach of contract, or most

discrimination or employment disputes.

In civil cases, the person bringing the lawsuit (the plaintiff) seeksmoney damages or a court order preventing the personbeing sued (the defendant) from engaging in certain

conduct.

To win, the plaintiff must prove his or her case bya preponderance of the evidence, that is by

over fifty percent of the proof.

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Eighth Amendment

Bails, Fines and Punishments

No Excessive Bail: The first portion of the Eighth Amendment concernsbailthe money paid by a defendant in a criminal case in exchange for his

or her release from jail before trial.

Bail is returned to the defendant when he or she appears at trialbut is forfeited to the government if he or she does notappear.

In this way, bail provides an incentive for a defendantto remain in the area and participate in the trial.

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Ninth Amendment

Rights Retained by the People

The Ninth Amendment is a constitutional safety net intended to make clearthat individuals have other fundamental rights, in addition to those listed in

the First through Eighth Amendments.

Some of the framers had raised concerns that because it was impossibleto list every fundamental right, it would be dangerous to list

just some of them (for example, the right to free speech,

the right to bear arms, and so forth), for fear ofsuggesting that the list was complete.

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Tenth Amendment

Powers Retained by the States and the People

The Tenth Amendment was included in the Bill of Rights to furtherdefine the balance of power between the federal government and the

states.

The amendment says that the federal government has only thosepowers specifically granted by the Constitution.

These powers include the power to declare war,to collect taxes, to regulate interstate businessactivities and others that are listed in the articles.

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Changes to the Constitution

An additional 17 amendments have been made to theConstitution.

The most recent change was made in 1992.

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Signed and Ratified

George Washington was the first of the delegates to sign.

Delegates signed in order from the northern states to the southern states.

Only 39 of the delegates actually signed, not all approved of the document.

After being signed, it became part of a 6 page report sent to the Congress.

Congress accepted the report and sent it to the states for their approval.

It was ratified by nine of the 13 states by June 21, 1788

-- becoming the law of the land.

After the text of the Constitution had been agreed upon,Jacob Shallus, an assistant clerk of the PennsylvaniaState Assembly, was the penman who wrote thedocument prior to signing.

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More on the Constitution

How long did it take to frame the Constitution?It was drafted in one hundred working days.

Who was called the Father of the Constitution?James Madison of Virginia

Which state was the first to ratify the Constitution?Delaware

How many pages long is the Constitution?Four

Which state didnt send any delegates to theconvention?Rhode Island

Does the Constitution give us our rights and liberties?No, it only guarantees them.

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Links

Notice of Implementation

Constitution Day, Inc.

National Archives and Records Administration

The United States Constitution 1789

http://www.ed.gov/legislation/FedRegister/other/2005-2/052405b.htmlhttp://www.constitutionday.com/http://www.archives.gov/national_archives_experience/charters/constitution.htmlhttp://www.house.gov/Constitution/Constitution.htmlhttp://www.house.gov/Constitution/Constitution.htmlhttp://www.house.gov/Constitution/Constitution.htmlhttp://www.house.gov/Constitution/Constitution.htmlhttp://www.house.gov/Constitution/Constitution.htmlhttp://www.house.gov/Constitution/Constitution.htmlhttp://www.house.gov/Constitution/Constitution.htmlhttp://www.archives.gov/national_archives_experience/charters/constitution.htmlhttp://www.archives.gov/national_archives_experience/charters/constitution.htmlhttp://www.constitutionday.com/http://www.constitutionday.com/http://www.ed.gov/legislation/FedRegister/other/2005-2/052405b.htmlhttp://www.ed.gov/legislation/FedRegister/other/2005-2/052405b.html

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Source

Johnson, T.L. (Ed.). (2007). The U.S. Constitution and fascinating facts about it.

Naperville, IL: Oak Hill Publishing Company.