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.

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?

UNIT VOCABULARY

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

11/8 Objective

• SWBAT identify the six basic principles of the US Constitution and how they have impacted the structure of our government.

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

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

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.

The Constitution was written with 6 Basic principles and the founding

fathers were quite proud.

Thomas Jefferson

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

6 BASIC PRINCIPLES OF AMERICAN GOVERNMENT

• Popular Sovereignty• Limited Government• Separation of Powers• Checks and Balances• Judicial Review• Federalism

1. Popular SovereigntyIn 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

2. Limited GovernmentThe 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

3. Separation of PowersAs stated in the 47th Federalist

paper, power held in many hands is less likely to be corrupted.

Who came up with this concept?

4. Checks and BalancesThe 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

5. Judicial ReviewThe power of the court to judge if

the action of the government follows the principles of the constitution.

Judicial ReviewIs a government action

unconstitutional?

Constitutionalism

• Government must be conducted according to constitutional principles

• Rule of Law – • Government and its officers are always subject

to – never above – the law.

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

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

6. FederalismThe national government holds

some power and the 50 state hold the rest of the power.

Why Federalism?

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.

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?

5 Examples of the Constitution’s Flexibility

• Custom• Executive Action• Legislation• Court Rulings• Amendments

CUSTOM

2 TERMS FOR A PRESIDENT ( 22ND AMENDMENT 1951)

Why?

FDR

EXECUTIVE ACTION

PRESIDENT’S WAR POWERS

Can over-ride a Congressional blockCan declare war without Congressional approval for a certain period of time.

LEGISLATION

EACH TIME THE CONGRESS PASSES A NEW LAW IT CAN CHANGE HOW

THE CONSTITUTION COMES TO LIFE.

COURT ACTION

EVERY TIME THE COURT RULES IT CAN CHANGE WHAT THE CONSTITUTION MEANS

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

AMENDMENTSFORMAL ADDITIONSWhich Article sets up the Amendment process?Article V

27 TOTAL

1-10 –BILL OF RIGHTS

13-15 – SETTLE THE SLAVE ISSUE

AMENDMENTS

SEVERAL EXPANDED OR CLARIFIED THE RIGHT TO VOTE.

19TH-WOMEN’S SUFFERAGE,- 1920

22ND-PRESIDENT’S TERM LIMITED -,1951

23RD-WASH. DC ELECTORS,-1961

25TH-PRESIDENTIAL SUCCESSION,-1967

26TH-18 YEAR OLD VOTE, -1971

27TH- CONGRESSIONAL PAY,-1992

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)

Are you kidding me!?

Really!?

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!

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

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

• Handout Civil Liberties vs Civil Rights• ACLU Video

Objectives 11-15

• SWBAT identify the rights granted to citizens in the first 10 amendments.

Warm Up.1. What is the difference between a civil liberty

and a civil right?2. Have you ever been in a position where you’ve

felt your rights have been violated? Explain.3. Are you afraid of your government? Explain.

The Bill of Rights

I. First AmendmentA. Fundamental rights of life, liberty, pursuit of

happiness1. Freedom of religion2. Speech3. Press4. Peaceful assembly5. Right to petition

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.

Bill of Rights

II. Second Amendment1. Right to bear arms

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.

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.

Bill of Rights

III. Third Amendment1. No solider can take quarter in ones home

without consent of the owner in times of peace or war

2. Privacy Laws

11/28 Warm Up1. What 5 main liberties are protected in the

first Amendment? 2. Not all freedom of speech protected by the

first Amendment. Give an example of a limit to your freedom of speech.

3. What liberty is protected in the 2nd Amendment? What limits are there on this right?

4. Although considered somewhat outdated, the 3rd Amendment has become a protection of what for American citizens?

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?

Bill of Rights

IV. Fourth AmendmentA. The privacy amendment

1. Protection against unreasonable searches and seizures.

2. Requires probable cause (reasonable suspicion) and a warrant.

3. Evidence discovered illegally cannot be used in court.

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.

Bill of RightsV. Fifth Amendment

A. Innocent until proven guilty 1. Rules about trials for serious crimes. 2. Rules against taking life, liberty, and property without

due process of law.3. No double jeopardy4. Private property cannot be taken without just

compensation (Eminent Domain)5. Due process – everyone has the same rights under

law.6. Self Incrimination – Cannot be forced to testify

against self.

Bill of Rights

VI. Sixth Amendment (Criminal Proceedings) A. Rights of the accusedB. Innocent until proven guilty

1. Speedy trial (90 days from arrest, unless waived) 2. Public trial3. Defense lawyer4. Right to hear charges5. Call witnesses6. Be present when witnesses speak in a court7. Jury of Peers (beyond reasonable doubt)

ACLU Video

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.

5th & 6th Amendment

• Have you ever been accused of doing something you were innocent of?

• How did it feel?• What was the outcome? Did “Due process of

law” clear your name?

Bill of Rights

VII.Seventh AmendmentA. Civil Trials (no jail time)

1. When suing for money, or an apology or retraction of some sort only ¾ of jury has to agree and you only have to prove it could have happened.

Bill of Rights

VIII.Eighth AmendmentA. Punishment must fit the crime

1. Protection against excessive bail and cruel and unusual punishments

Bill of Rights

IX. Ninth Amendment1. Just because a right is not mentioned in the first 8 amendments does not mean that you do not have more rights protected by law2. Rights are not limited to the Bill of Rights

Bill of Rights

X. Tenth Amendment1. Powers not delegated to the U.S. Government

and are not prohibited to states are reserved to states and to the people.

2. Federalism

New Amendment• You are to write your own Amendment. This

can be a completely new Amendment or a change or improvement on an existing one.

• You need to be prepared to explain it for a class discussion

• You must also justify how your Amendment protects, makes society better and/or keeps the government off our backs!

• For help look at pages 80-88 in textbook.

Objective 2/7

• SWBAT examine the history, contents, and importance of the first State Constitutions

• SWBAT list the basic principles and kinds of provisions found in every State Constitution.

FEDERALISM

10TH AMENDMENT 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.

- ANY POWER NOT GIVEN TO THE NATIONAL GOVERNMENT OR DENIED TO THE STATES IS ASSUMED HELD BY THE STATES.

FEDERALISM

STATE POWERS BOTH NATIONAL POWERS

RESERVED SHARED DELEGATED CONCURRENT

MARRIAGE COIN MONEYDRINKING AGE TAX REGULATE

TRADESCHOOLS COURTS ARMED FORCES

FEDERALISM

• While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6th Amendment.

THE BALANCE OF POWER HAS CHANGED.

• TODAY THE FEDERAL GOVERNMENT HAS GROWN IT’S POWER .

• GRANTS & SUBSIDIES USED TO EXERT INFLUENCE, GROWN SINCE THE ADOPTATION OF THE INCOME TAX.

PRINTZ V. UNITED STATES 1997• Was a Supreme Court ruling that established the

unconstitutionality of parts of the Brady Handgun legislation. The court determined that Congress could NOT force states to enforce these provisions, in some ways this reminded Congress of the relationships set forth by Federalism.

• READ PAGE 109 OF TEXT, ANSWER QUESTIONS 1,2,3 ON SHEET OF LOOSELEAF PAPER.

• Now Read pages 684-688, and answer the section 1 assessement questions on 688, #1-5