United States Constitution Preamble and Bill of Rights primer
By Professor Jon Saul
United States Constitution Preamble and Bill of Rights primer
By Professor Jon Saul
The Preamble of the Constitution of the United States of America
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We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
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1. What does the phrase 'We the People' mean? In this case, the next phrase 'of the United States' provides a clue. 'We the people' means 'the people who live in the United States'. This technique (skill, way of doing something) that you have practiced is called "defining in context". The technique works for individual words and phrases as well as entire sentences and concepts.
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Note well (in Latin, 'note bene' or 'NB'): This is the type of skill that you must learn here in this context and then be able to transfer to other areas of study.
In this case, the authors, as representatives of the people of the nation, are speaking for (actually, writing for) all of the people of the country.
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The phrase "We the people" has become an American symbol. When used, it conjures up (gives rise to, elicits, brings forth) the image of the fundamental principals upon which the country is based (which are embodied in the Declaration of Independence, the Constitution and the Bill of Rights).
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2. By using the phrase 'in Order to' the authors are signaling to the reader why this document has been written. These delegates (representatives) were reviewing and re-writing the Articles of Confederation (which governed the country at the time) and needed to state clearly what they were doing.
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3. What is meant by the term 'Union'? [Look it up!] In this case, 'Union' refers to the joining together of the states to form the United States. The 'Union' that is referred to is the United States. It is also called the federal government or the national government.
Because they use the phrase 'a more perfect Union', they are saying that this document of theirs will be an improvement. In other words, they believe that the new document (The Constitution) is an improvement over the old one ('The Articles of Confederation') and they want their readers to know this.
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4. What does 'establish Justice' mean?
The question here is not what you think justice is, but, rather, what does 'justice' mean in the context of what you are reading. Here, justice refers to the rule of law, as the basis for the laws of the United States is what the Constitution is all about.
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5. What is the meaning of 'insure domestic Tranquility'?
What does the word 'insure' mean? [Look it up!] In this case it means to 'make sure' or to 'guarantee'.
What does the term 'domestic' mean? [Look it up!] It means having to do with the home. In this case, 'home' is the entire country: so 'domestic' refers to things that happen or relate to what goes on inside the borders of the country [as opposed to 'foreign', which relates to things outside the borders of the country]. In politics, for example, 'domestic affairs' are those things happening on American soil and 'foreign affairs' are those things happening outside of the U.S.
And what does 'Tranquility' mean? [Look it up!] It means quietude, peacefulness. When things are tranquil they are calm and at peace.
Consequently (so) the phrase, 'insure domestic Tranquility', means to guarantee that things in the U.S. are calm and at peace.
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6. What does the phrase 'provide for the common defense' mean?
'Common' has many meanings, including 'ordinary', 'widespread', 'frequent', 'general', 'universal', 'familiar', 'collective' and 'regular'. In this context, 'common' means 'general' or 'shared'.
What does 'defense' mean? It means 'protection' or 'security'.
So the phrase means 'to supply general protection' or 'to make sure that everyone in the United States is safe'
The framers of the Constitution (as the authors are usually known) were particularly concerned about attack/invasion from a foreign country, such as England.
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7. What does the phrase 'promote the general Welfare' mean?
'To promote means' [Look it up!] to encourage, support or endorse.
'General' means [Look it up!] universal, all-purpose, or common.
'Welfare' means [Look it up!] well being, benefit, happiness, or what is good.
As a result, (so) the phrase 'promote the general Welfare' means to 'encourage universal well being'. In other words, 'for the good of all people' (living in the United States).
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8. What about 'secure the Blessings of Liberty to ourselves and our Posterity'?
To 'secure' means [Look it up!] means to obtain or acquire and keep safe (maintain).
'Blessings' [Look it up!] are good things.
'Liberty' means [Look it up!] freedom.
'Posterity' means [Look it up!] the future.
Thus, 'secure the Blessings of Liberty to ourselves and our Posterity' means to 'obtain and keep the good things that freedom gives us, now and forever'.
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9. The document ends with the clause: 'do ordain and establish this Constitution for the United States of America'. What does it mean?
To 'ordain' [Look it up!] is defined in context: it means to establish (or institute or begin or to create).
The statement means that these authors are proclaiming that this document is the basis of the law by which the country will govern itself.
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After the Constitution was finished, and all the interests of the various states were considered, the framers looked back at their work and realized that they had left out some important things.
The document they created detailed what the national (called 'federal') government could and could not do. However, anything not specifically stated in the Constitution as something the federal government could do was left to the individual state governments to do.
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The Constitution divided the federal government into three branches: executive (the President and Vice President and all the agencies of the government), legislative (the Congress, composed of the House of Representatives and the Senate) and judiciary (the Supreme Court), the better to protect citizens for tyranny (abuse of the law).
But they forgot to state what rights the people had. Thus, they wrote the first ten amendments (additions which were 'ratified' or added on December 15, 1791) to the Constitution, which are known as "The Bill of Rights".
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"The Bill of Rights"
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Amendment I
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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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The amendment begins "Congress shall make no law" indicating that what follows are things that the government cannot do. As the entire document establishes the rule of law throughout the land, this is a limitation on the laws the government can make (institute). Look these up!
'respecting' means with reference to or in regard to or relating to
'establishment' means to set up, start, launch, create
'an establishment of religion' means, for example, a church
'to prohibit' means to prevent or 'to not allow'
'abridging" means limiting or shortening or lessening
'petition' means to appeal or formally request
'redress' means to rectify, restore or to put right
'grievances' are complaints, objections, injustices
The first amendment is what gives Americans the following freedoms (rights):
Freedom of Religion
Freedom of Speech
Freedom of the Press
Freedom to assemble (demonstrate, work in groups)
Freedom to petition (to ask the government to change)
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Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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'regulated' means controlled or restricted
'militia' means an armed force of citizen soldiers
'State' here means country or nation
'infringe' means to interfere or violate
This is the amendment that people rely on for the right to bear arms (own guns). It states that the federal government cannot interfere with the citizens' right to own a gun.
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Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
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'be quartered' does not mean to be cut into four parts. It means that citizens cannot be forced to allow soldiers to live in their homes or be forced to provide room and board.
This was one of the abuses of the colonists by the British soldiers. This was listed in the Declaration of Independence and caused enormous difficulties for the people of the original 13 colonies (see next chapter).
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Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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'secure' means safe
'persons' means one's body, one's physical self
'seizures' means someone coming into your home and taking things
a 'warrant' is a call for or a demand and refers to a document demanding something from someone, such as a 'warrant for one's arrest' which means the government wants someone.
'probable' means likely
This is the amendment that guarantees that the government cannot hurt us or harm our possessions or enter our homes without provable reasons (probable cause).
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Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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a 'capital' crime is a crime which carries the penalty of death
'infamous' means 'well known for something bad or harmful' or 'notorious'
a 'presentment' is a presentation
an 'indictment' is a condemnation or denunciation
a grand jury is a group of people, usually 20 to 30, who act to decide whether a crime has been committed
'naval' means having to do with the Navy or the sea
'jeopardy' means danger or risk
'due process' means according to the procedures of the law
This amendment assures the following freedoms:
1. that citizens cannot be arrested unless there is a warrant for the arrest
2. that citizens cannot be tried more than once for the same crime (no double jeopardy)
3. that citizens cannot be forced to testify against him or herself (known as 'pleading the fifth)
4. that the legal enforcers (police) must follow the rules and procedures of the law (due process)
5. that citizens have the right to private property
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Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
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'prosecutions' means a trial or a hearing in a court
'impartial' means not prejudiced, neutral, fair, unbiased
'ascertained' means determined
'confront' means to meet or face (as in a court of law)
'compulsory' means required, necessary or mandatory
'counsel' means an attorney or lawyer (not the word 'council', which means committee)
This amendment guarantees the following rights:
1. the right to a speedy trial
2. the right to a public trial
3. the right to an impartial jury
4. the right to know the charges against one
5. the right to confront/question the witnesses against one
6. the right to be able to call witnesses in one's defense
7. the right to an attorney
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Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
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'common' law means not criminal law (also known a as 'civil' law)
'controversy' means dispute or disagreement
'exceed' means to 'go beyond' or to 'surpass'
'preserved' means 'protected' or 'maintained'
'reexamined' means to 'consider again' or 'look at again'
This amendment guarantees the right of a jury trial.
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Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
'Bail' or 'bond' is money or property that is set aside to insure that a person accused of a crime will appear at his or her trial.
'Excessive' means 'too much', 'more than can be managed', 'extreme' or 'disproportionate'.
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This amendment
1. protects citizens from being imprisoned without the chance to post a bond and allow them out of jail pending (awaiting) their trial.
2. protects citizens from extreme fines
3. protects citizens from 'cruel and unusual punishment'
In most states, where capital punishment (the death penalty) is outlawed, the basis in law is the VIII amendment protection against 'cruel and unusual punishment'. At the time it was written, the reference was to protect citizens from torture and other painful interrogation (questioning) practices.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
'enumeration' means details, lists, statements
to 'construe' means to interpret
to 'disparage' means to criticize or belittle or 'minimize the importance of'
to 'retain' means to be kept by or to keep
This amendment states that, even though certain rights of the people are written out clearly in the constitution, there are other rights that are not spelled out and that, although they are not written, this doesn't mean that people don't have these additional rights.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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'power' or 'powers' means that the government has the right to act or, that it is legal for the government to do these things; it means the government can pass laws that a regulate these concerns.
to 'delegate' means to assign or designate to
'prohibited' means 'forbidden', 'banned', 'illegal' or 'outlawed'
'reserved' means 'set aside' or 'kept back' or 'kept'
'respectively' means 'in that order' or 'correspondingly'
This amendment means that any powers not specifically stated in the constitution as of the federal government, or powers that are not specifically prohibited, are reserved for the individual states or for the people themselves.
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The Bill of Rights
(In plain English)
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Amendment I:
The federal government cannot make any laws that limit anyone's right to choose whatever religion he or she wishes to practice. The United States Congress cannot pass laws that limit how any person shall practice his or her chosen religion. The federal government cannot pass any laws that restrict anyone's ability to express his or her own views about the world in his or her own way. The U. S. Congress cannot pass any laws that limit the ability of the press to investigate or publish information. The government cannot stop people from getting together to discuss issues or plan what they want to do about an issue. The people of the United States have the right to ask the government to correct any conditions that they feel should be corrected.
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Amendment II:
The people of the United States have the right to own weapons because they may be called upon to defend their freedom and their country.
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Amendment III:
In times of peace, soldiers cannot live in ordinary people's homes unless the owner agrees. Even in times of war, the government can only force a landlord to house a soldier in accordance with the law.
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Amendment IV:
The U. S. government cannot seize anyone's property, cannot search or arrest any person without a court's permission. The government must prove to a court that there is a legal reason to search someone's home, take their things or their papers, or search them in any way.
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Amendment V:
Except for members of the armed forces, a grand jury is the only way that a person can be charged with a serious crime. People cannot be tried twice for the same crime (there cannot be any 'double jeopardy'). People cannot be forced to testify against themselves by any means including torture. The federal government must follow the law (follow 'due process') when dealing with an individual's life, liberty or property. All U.S. citizens have the right to a fair trial. The government cannot take property from any citizens without properly compensating them (e.g., paying them) for it.
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Amendment VI:
Whenever the government accuses a citizen of a crime, there must be a speedy trial with an unbiased jury. People must be told all about ('be completely informed about') the charges against them. People have the right to question those who accuse them of a crime and can call witnesses in their defense. All citizens have a right to legal representation (a lawyer).
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Amendment VII:
In any situation involving more than $20.00, every citizen has the right to a trial by jury.
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Amendment VIII:
People cannot be held in jail without a reasonable opportunity to bail themselves out. Fines for crimes cannot be too high and must reflect the damage. The government cannot punish people in a cruel or unusual way. All punishments must be appropriate to the crimes.
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Amendment IX:
Just because the Constitution lists these specific rights, it doesn't mean that people don't have additional rights not listed.
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Amendment X:
Any powers ('abilities') not prohibited or listed in the U. S. Constitution belong to the individual States or to the people to determine.
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