CONSTITUTION

1. CONSTITUTION • LOOK AT THE CHART ON PAGE 57. • WHICH STATES WERE THE MOST UNANIMOUS TO RATIFY? • WHICH STATE WAS THE FIRST TO RATIFY? • WHICH STATE WAS THE LAST TO RATIFY? • WHICH STATE’S ORIGINAL VOTE TO RATIFY WAS DEFEATED? • WHICH STATES RATIFICATION WAS WON BY ONLY A NARROW MARGIN?

2. UNIT VOCABULARY • PREAMBLE AMENDMENT • TREATY CABINET • DELEGATED POWERS RESERVED POWERS • CONCURENT POWERS BLOCK GRANT • DIVIDEND PAPER GAIN • PAPER LOSS NULLIFICATION • UNCONSTITUTIONAL

3. 11/8 Objective • SWBAT identify the six basic principles of the US Constitution and how they have impacted the structure of our government.

4. CONSTITUTION • OFFICIALLY RATIFIED – in 1788 • NEW CONGRESS MEETS MARCH 4, 1789 • New York City, to decide on presidency • NEW PRESIDENT APRIL 6, 1789 • Washington sworn in April 30th • All 69 electors vote him in • John Adams is runner = VP

5. US Constitution • 7 Articles, 27 Amendments • Worlds Oldest and shortest Constitution • Article I – Powers of Congress • Article II – Powers of President • Article III – Judicial Powers • Article IV – States Powers and Rights • Article V – Adding an Amendment • Article VI – Public debts, supremacy of national government over state and local, oaths of office • Article VII – Provisions for ratification of Constitution

6. Ratification • Constitution not officially ratified until September of 1788. • Should have been after New Hampshire became the 9th state to ratify • New York and Virginia were missing – Key States • They ratify in June and July • New York becomes the Capital (temporary) • With 11 of 13 the constitution goes into effect and Washington becomes our first President in April of 1789 • North Carolina and Rhode Island still not “on board” but would eventually ratify.

7. The Constitution was written with 6 Basic principles and the founding fathers were quite proud.

8. Thomas Jefferson • “These principles form the bright constellation which has gone before us and guided our steps through an age of Revolution and Reformation”.

9. 6 BASIC PRINCIPLES OF AMERICAN GOVERNMENT • Popular Sovereignty • Limited Government • Separation of Powers • Checks and Balances • Judicial Review • Federalism

10. Popular Sovereignty • In our democracy, people are the only source of power. The power of the government comes form the consent of the people. • It’s in the Preamble

11. 2. Limited Government The government may only do what the people have given it power to do. Where do the ideas of Popular Sovereignty and Limited Government come from? Social Contract

12. 3. Separation of Powers As stated in the 47th Federalist paper, power held in many hands is less likely to be corrupted. Who came up with this concept?

13. 4. Checks and Balances The 3 branches are not truly separate as each has power over the other. Write down an example of checks and balances in our government. Look at page 68

14. 5. Judicial Review The power of the court to judge if the action of the government follows the principles of the constitution. Judicial Review Is a government action unconstitutional?

15. Constitutionalism • Government must be conducted according to constitutional principles • Rule of Law – • Government and its officers are always subject to – never above – the law.

16. Marbury vs. Madison 1803 • Jefferson wins the election of 1800 and Democratic-Republicans (one political party) controlled both houses of Congress • The outgoing Federalists tried to “pack” the courts/judiciary with party members the night before leaving office (Adams) • William Marbury appointed justice of the peace in Wash, DC March 3, 1801. • The next day March 4, 1801 Jefferson become president and tells Sec. of State James Madison to not allow “midnight justices” appointments to go through

17. Marbury vs. Madison • Marbury goes to the Supreme Court seeking a writ of mandamus (force Jefferson to allow appointments) • Chief Justice John Marshall refused Marbury’s request • Marbury’s request was in ruled to be unconstitutional • Supreme Court has right to declare acts of Congress unconstitutional

18. 6. Federalism The national government holds some power and the 50 state hold the rest of the power. Why Federalism?

19. Federalism c. Separation of Powers • Distrust for powerful central government • Legislative, executive, and judicial • Checks and balances • Division of federal and state governments • Powers Granted – Example of Federalism • Bill of rights • To protect rights of citizens; majority rule vs. minority rights • 10 Amendments d. Government based on law not royal power or divine right. Religion never even mentioned.

20. Objectives/Warm Ups 11/10 • SWBAT identify the difference between Civil Liberties and Civil Rights. 1. Which principle of American Government states that the government can only do what the people give it power to do? 2. Which principle states that the branches of government are not truly separate? 3. Which principle states that power in the hand of many is less likely to be corrupted? 4. Which principle states, Government and its officers are always subject to – never above – the law? 5. What landmark court case set the precedent that the judicial branch has the right to determine Constitutionalism?

21. 5 Examples of the Constitution’s Flexibility • Custom • Executive Action • Legislation • Court Rulings • Amendments

22. CUSTOM 2 TERMS FOR A PRESIDENT ( 22ND AMENDMENT 1951) Why? FDR

23. EXECUTIVE ACTION PRESIDENT’S WAR POWERS Can over-ride a Congressional block Can declare war without Congressional approval for a certain period of time.

24. LEGISLATIONEACH TIME THE CONGRESS PASSES A NEW LAW IT CAN CHANGE HOW THE CONSTITUTION COMES TO LIFE.

25. COURT ACTIONEVERY TIME THE COURT RULES IT CAN CHANGE WHAT THE CONSTITUTION MEANS

26. FORMAL AMENDMENT PROCESS • METHOD 1 – 2/3 VOTE IN EACH HOUSE AND RATIFIED BY ¾ OF THE STATE LEGISLATURES. • 38 States Leg., 26 of 27 Amendments this way • METHOD 2 – 2/3 VOTE IN EACH HOUSE AND RATIFIED BY ¾ OF STATE CONVENTIONS • Only the 21st Amendment • METHOD 3 - PROPOSED BY NATIONAL CONVENTION AND RATIFIED BY ¾ OF STATE LEGISLATURES • METHOD 4 - PROPOSED BY NATIONAL CONVENTIONS AND RATIFIED BY ¾ OF STATE CONVENTIONS. • This is how the Constitution itself was ratified

27. AMENDMENTS FORMAL ADDITIONS Which Article sets up the Amendment process? Article V 27 TOTAL 1-10 –BILL OF RIGHTS 13-15 – SETTLE THE SLAVE ISSUE

28. AMENDMENTSSEVERAL EXPANDED OR CLARIFIED THE RIGHT TO VOTE.19TH-WOMEN’S SUFFERAGE,- 192022ND-PRESIDENT’S TERM LIMITED -,195123RD-WASH. DC ELECTORS,-196125TH-PRESIDENTIAL SUCCESSION,-196726TH-18 YEAR OLD VOTE, -197127TH- CONGRESSIONAL PAY,-1992

29. Interesting Factoids about Amendments • Over 4,000 proposed, only 30 some went to states to be voted on. • Most proposed Amendments: • Flag Burning ban 7 times • Abortion ban 5 times (most common surgical procedure – 1 mill./year) • Often used as political tool (right wing Christian vote)

30. Are you kidding me!?

31. Really!?

32. Interesting Factoids about Amendments • Most writers of Constitution were deists, agnostics, and Unitarians • Feared Christian takeover of government • Bottom line…liberals and conservatives both wanted separation of church and state!

33. Great Quote • “When a nation has only one religion they have tyranny. When they have two, they have civil war. When they have many they have peace and tolerance, as in the United States!” Alexis De Tocqueville

34. Bill of Rights • Written to protect the minority against the tyranny of the majority. • Majority Rule vs. Minority Rights • Civil Liberties – Protects you from the government (Bill of Rights) • Civil Rights – Protection provided for you by the government • Example: discrimination

35. Handout Civil Liberties vs Civil Rights • ACLU Video

36. Objectives 11-15 • SWBAT identify the rights granted to citizens in the first 10 amendments. Warm Up. • What is the difference between a civil liberty and a civil right? • Have you ever been in a position where you’ve felt your rights have been violated? Explain. • Are you afraid of your government? Explain.

37. The Bill of Rights • First Amendment A. Fundamental rights of life, liberty, pursuit of happiness 1. Freedom of religion 2. Speech 3. Press 4. Peaceful assembly 5. Right to petition

38. 1st Amendment • Has any of your First Amendment rights ever been violated? • If so, how and which one? • How did you respond? What was the outcome? • If not, which first amendment right do you think is most important? Explain.

39. Bill of Rights • Second Amendment 1. Right to bear arms

40. 2nd Amendment • Is this Amendment outdated? Explain. (Keep in mind that the US leads all modern industrialized nations in homicides by guns per year.) Canada and England have very strict gun laws, and have significantly less gun violence.

41. Assignment • Read “Close Up” on page 78. Answer questions 1-4. • Read pages 79-82, answer questions 1-6. • Read “Close Up” on page 83. Answer questions 1-3.

42. Bill of Rights • Third Amendment • No solider can take quarter in ones home without consent of the owner in times of peace or war • Privacy Laws

43. 11/28 Warm Up • What 5 main liberties are protected in the first Amendment? • Not all freedom of speech protected by the first Amendment. Give an example of a limit to your freedom of speech. • What liberty is protected in the 2nd Amendment? What limits are there on this right? • Although considered somewhat outdated, the 3rd Amendment has become a protection of what for American citizens?

44. How young is too young to hate? • Should the law allow parents to teach their children to discriminate and hate others based on race, religion, or sexual preference? • Is this a basic first Amendment right? Explain. • Should laws be passed prohibiting parents from teaching children to hate? Explain. • What limits (if any) are you ok with on your first Amendment right to freedom of speech? Explain. • Should the Westboro Baptist Church of Topeka, KN have the right to practice and preach their religion in this manner? Is this a basic 1st Amendment right or are they endangering themselves or others in their community?

45. Bill of Rights • Fourth Amendment • The privacy amendment • Protection against unreasonable searches and seizures. • Requires probable cause (reasonable suspicion) and a warrant. • Evidence discovered illegally cannot be used in court.

46. 4th Amendment • Is the State of Arizona breaking this Amendment by giving its police officers more “leeway” in questioning and potentially apprehending or harassing potential illegal's? Explain.

47. Bill of Rights • Fifth Amendment • Innocent until proven guilty • Rules about trials for serious crimes. • Rules against taking life, liberty, and property without due process of law. • No double jeopardy • Private property cannot be taken without just compensation (Eminent Domain) • Due process – everyone has the same rights under law. • Self Incrimination – Cannot be forced to testify against self.

48. Bill of Rights • Sixth Amendment (Criminal Proceedings) • Rights of the accused • Innocent until proven guilty • Speedy trial (90 days from arrest, unless waived) • Public trial • Defense lawyer • Right to hear charges • Call witnesses • Be present when witnesses speak in a court • Jury of Peers (beyond reasonable doubt)

49. ACLU Video

50. ACLU 3 Most important Statements • I do not give consent to a search. • Are you detaining me or am I free to go now? • I am not going to say anything until I speak with my lawyer.