Chapter Two

GOAL:What is a Constitution?

Constitution Basics

US Constitution

1. What Is a Constitution?• Document that describes organization’s

mission, foundational structures, and its essential processes

• A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens

2. What is the mission of our U.S. Constitution?3. What are the foundational structures of our U.S.

government?4. What are some essential processes set up by

our Constitution?

• 2. Preamble

• 3. Three branches: Legislative, Executive, and Judicial

• 4. Procedures for electing and appointing officials, making laws, ratifying/amending Constitution

Basic Concepts of U.S. Constitution• 5. Ways each branch of government can monitor and

limit the functions of the other branches.• 6. Primary governing functions are divided into three

branches to prevent any from getting more powerful than another.

• 7. Idea that people are the supreme power and give government its power….We the People

• 8. A two-tiered government, comprising of the national and state levels….10th Amendment

• 9. The Court has the authority to determine if laws or actions of the government are constitutional or not.

Concepts

• 5. What is Checks and Balances

• 6. What is Separation of Power

• 7. What is Popular Sovereignty

• 8. What is Federalism—A Federal System

• 9. What is Judicial Review

10. What court case established Judicial Review?

• Marbury v. Madison

11. To approve or authorize the constitution

•What is Ratification?!?!?!

What Is a Constitution?• Mission

• Foundational Structures

• Essential Processes

(WHAT, and HOW?)

U.S. Constitution:

I. Preamble

II.7 Articles

III. 27 Amendments

GOAL:What is the historical context of

the U.S. Constitution?

Timeline of Independence and Constitution

July 4th 1776Declaration

Of Independence

1776

American Revolution

1781

ConstitutionalConvention

Washington Re-elected

War Over

Articles of Confederation

1787

New Constitution

1789

First Elections HeldGeorge WashingtonElected President

-Takes office in 1789-1st Congress Convenes

1792

FrenchRev.

1789“Confederation”

1775

National Archives: Houses the Declaration of Independence and the Constitution

Declaration of IndependenceJohn Adams clip

Excerpt from the Declaration of Independence

• When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

• We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

• That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

State Constitutions and the Articles of Confederation

State Constitutions were created immediately following independence

The colonies effectivly became sovereign “STATES”

America—The Confederation

The ARTICLES OF CONFEDERATION

Est. 1777

The ARTICLES OF CONFEDERATION

Est. 1777

NH MA RI CT NY PA NJ MDDE SC GANCVA

Citizens of Each State

Elects State Gov’t

Unicameral (one house) CongressEach State = 1 Vote

No Executive No Judicial System

NH NYMA RI CT PA NJ MDDE SC GANCVA

Citizens of Each State

Elects State Gov’t

No Executive No Judicial System

Structure of Government under the Articles of Confederation:

Articles of Confederation• Weaknesses:

– 1. One vote per states, regardless of size

– 2. Congress powerless to collect taxes

– 3. Congress powerless to regulate foreign and interstate commerce.

– 4. No executive branch to enforce acts of Congress

– 5. No national court system – 6. Amendments only with consent

of ALL states– 7. A 9/13 majority needed to pass

simply laws

Summary of Articles of Confederation

• Essentially, there was no unity between the 13 states

• Too difficult for the national government to make national laws let alone try to enforce the ones already in existence.

• National govt. was at the mercy of the states

Constitutional Convention Philadelphia, 1787Those who attended (55) were have become known as the

“Framers” of the Constituion

Making a Constitution: The Philadelphia Convention

• Gentlemen in Philadelphia– 55 men from 12 of the 13 states– Mostly wealthy planters & merchants– Most were college graduates with some political

experience and familiar with different forms of govt.– Many were coastal residents from the larger cities, not

the rural areas

-- Relatively young—average age was 42 and nearly ½

were in their 30’s.

--Many fought in the Revolution

The Framers

James Madison “Father of the Constitution”

Alexander Hamilton

George Washington—Elected President of

Convention

Biggest Questions of the Convention:• What type of structure should replace the

confederation?• How should states be represented?• Who should be counted into the

population?• Who should head the

executive branch?– PM or President,

or Congress itself?

Called for a strong National Government with 3 separate branches.

It favored large States because representation in congress would be based on state population

Called for a weak central government and a “plural executive” chosen by Congress

It favored small States because each State was given equal representation in the legislature.

Called for a weak central government and a “plural executive” chosen by Congress

It favored small States because each State was given equal representation in the legislature.

Congress should be composed of 2 houses.

In the smaller Senate, the States would be represented equally.

In the House, the representation would be based on population.

So important it is often called the “Great Compromise” since It was ultimately accepted by The Convention

• For every 5 Slaves in a state…

• 3 would be counted

Battle over Passage of the Constitution

• On September,17, 1787, the Philadelphia Convention approved the Constitution.

• However, before it could replace the Articles of Confederation, it had to be ratified by 9/13 states.

Goal:

• Differentiate between the arguments of Federalists and Anti-Federalists.

• What are the main ideas of Federalist #10, #51, #78, and Anti-Federalists?

Federalist v. Anti-Federalist• The Federalist favored Ratification of the Constitution.

– Led by James Madison, Alexander Hamilton, John Jay

• The Anti-Federalist opposed ratification of the Constitution, because they feared a stronger central government and also b/c there was not a “Bill of Rights”– A Bill of Rights (First 10 Amendments) would later be added to

the Constitution.– Led by George Clinton, Robert Yates, Mercy Otis Warren,

Richard Henry Lee, Patrick Henry

• The disagreement was the beginning of the two-party system in America.

The Federalist Papers• A series of 85 published essays written by

James Madison, Alexander Hamilton, and John Jay.

• In these papers, they argued in support of ratification of the Constitution.

• The Federalist Papers serve, and continue to serve, as a primary interpretation of the Constitution, as they outline the philosophy and motivation of the proposed system of government.

Federalist #10• Among the numerous advantages promised by a

well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of factions…….

• By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community.

• There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effect.

• There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, the same interests……

• Liberty is to faction what air is to fire…..• The second expedient is as impracticable as the first

would be unwise…..

• The inference to which we are brought is, that the causes of faction cannot be removed, and that relief is only to be sought in the means of controlling its effects.

• If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote……

• …..Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other…

• …..Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other…

• ….Hence, it clearly appears, that the same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic---is enjoyed by the Union over the States composing it.

Federalist #10: • A: James Madison (Publius)• P: November 22, 1787• P: What is going on during this time? Set

the scene• A: Americans(N.Y)—especially those wavering• R: To gain support for ratification of the

U.S. Constitution which set up federal

republic—In response to Anti-Fed writings• T: A large republic will keep factions in check• S: Helped ratify Constitution, still used today primary

interpretation of the Constitution, as they outline the philosophy and motivation of the proposed system of government

Federalist #51• Ambition must be made to counteract ambition.

• But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.

Federalist #51• A: James Madison

• P: July 6, 1788

• P: What is going on during this time?

• A: Americans (N.Y.)

• R: To gain support for ratification of the U.S.

Constitution which established federal

republic

• T: Separation of Power/Checks and Balances will prevent any branch from becoming too powerful

• S: Helped get ratification—Still used today

Answers:

1. To keep the others in check, system of checks and balances

2. Each dept have a will of their own, each dept be politically independent of each other

3. so they don’t rely on each other to act and therefore can act freely

4. Men abuse power and therefore need to be kept in check

5. the gov’t has to be able to control the governed but has to have limited powers

6. Legislative branch

7. dividing congress, giving the two houses two different means of election, fortifying the executive with veto power

8. power is divided between two distinct levels of gov’t, meaning state gov’t and fed and then each one subdivides into itself therefore double security; diversity of interests make it unlikely that tyranny will develop. In a small republic there is a greater chance that majority faction will develop and oppress the people. In a large republic there is less of a chance this will occur because the nation is so vast and such a multitude of interests exist

Federalist #78• …….the judiciary, from the nature of its functions, will always be the least

dangerous…..The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the power of the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse…..

• ….No legislative act, therefore, contrary to the Constitution, can be valid……

• ….the independence of the judges may be an essential safeguard…..

• There is a further and weightier reason for the permanency of the judicial offices….to avoid arbitrary discretion in the court…

Federalist #78• A: Alexander Hamilton

• P: June 14th, 1788

• P: What is going on during this time?

• A: Americans (New York)

• R: To gain support for ratification

• T: The Judiciary is the least powerful

branch, needs to be independent of other branches to keep them in check, need to keep justices term life to keep qualified and independent

• S: Helped get ratification—Still used today

Anti-Federalist XV• …they have made the judges independent, in the

fullest sense of the word. There is no power above them, to controul any of their decisions. There is no authority that can remove them, and they cannot be controuled by the laws of the legislature….

• …The only clause in the constitution which provides for the removal of the judges from office…is for high crimes and misdemeanors…

• …The power of this court is in many cases superior ot that of the legislature

Anti-Federalist XV• A: Brutus—Probably Robert Yates

• P: March 20th 1788

• P: What is going on during this time?

• A: Americans

• R: To question the U.S. Constitution and

work against its ratification.

• T: The judiciary is too strong, should not

have life terms

• S: Evaluation of Judiciary—Still used today to debate role and powers….

Constitution was officially ratified in June of 1788.

Elections were held shortly thereafter (Feb, 1789).

The first government began operating under our current Constitution in March, 1789.

To date, the Constitution has been in existence for nearly 223 Years!

2008 was the 55th Presidential Election in our history and elected the 44th President.

The CreationThe Creationofof

thetheUnitedUnitedStatesStates

ofofAmericaAmerica

• Colonization and Governance of America

• British Policy Incites a Rebellion

• The Continental Congresses and Colonial

Demands for Political Rights

• Declaring Independence – Jefferson

Declaration of Independence

● Revolutionary War--Victory

● Critical Period: 1780’s

● Shay’s Rebellion: Significance?

CraftingCraftingthe the

ConstitutionConstitution

● The State Constitutions

● The Articles of Confederation

The Virginia and New Jersey Plans

and the Connecticut Compromise

The Constitution’s checks on

representative democracy—Ex’s?

Conflict and compromise over slavery

The Federalist—Anti-Federalist debate

The Bill of Rights: Establishing

Civil Liberties

Practice FRQ Rubric:

• Directions: 2 points: • 1.Underline verb, box buzz, circle primary• 2. In a, b, c provide more examples than asked,

in d. and e. only ONE • Content: Score FRQ out of 8 points:• A. 2 pts: Must have two accurate:

No executive, no judicial, legislature that did not consider population, 9/13 to pass laws, 13/13 to change Articles, no binding, legislature could not tax or regulate trade

• b. One point: Legislature favored large states—based on population

• c. One point: Legislature favored small states—each state one vote, doesn’t consider population

• d. Two points: CAN ONLY HAVE:

Connecticut/Great Compromise (1 pt): Set up a bicameral legislature made up of the House—based on pop. and the Senate 2 per state (1pt).

e.Two points: CAN ONLY HAVE:

3/5 Compromise (1pt) Because of the dispute over slavery, southern states got to count 3 per every 5 slaves into their total state pop. This gave them more reps in the House (1 pt).

GOAL:

• Format of the U.S. Constitution

• Constitution Dig-In: Overview of important parts of Articles 1-7

• 27 Amendments

Constitutional Structure• Preamble• 7 Articles

Article I—structure of the legislative Branch• Congress (House and Senate) qualifications, rules, duties, etc.

Article II—Executive Branch• Presidency—Qualifications, duties, impeachments, etc.

Article III—Judicial Branch• Establishes Federal Courts (Supreme) and inferior courts

Article IV—Relations between the states and obligations of the National government to the states.

Article V—Amendment process• Four methods of changing the Constitution are provided.

Article VI—Establishes the Constitution and laws from the National government as the Supreme Law of the Land.

• Also mentions that no “religious test” shall ever be required as a qualification for public office.

Article VII—Ratification Process• 9/13 states required to officially enact the Constitution and replace the Articles of

Confederation.

• 27 Amendments

Constitutional Principles

Popular Sovereignty

Separation of Powers

Checks and Balances

Limited Government

Judicial Review

Federalism

Separated Powers & Checks and Balances

Preamble

THE PURPOSE OF OUR GOV’T

AS OUTLINED IN

THE PREAMBLE

OF THE CONSTITUTI

ON

In union, there is greater strength

1. To form a more perfect Union

2. To establish justiceThe law should be administered fairly,reasonably and impartially

3. To Insure Domestic Tranquility

Without order, peoplewould live in anarchy

4.Provide for the Common Defense

A State’s security depends on a wise defense and sound foreign policies

5. To promote the General Welfare

To provide services and laws to protect everyone

6. To Secure the Blessings of Liberty

To protect everyone’sfreedom

Articles of the Constitution

Article I: The legislative branchArticle II: The executive branchArticle III: The judicial branchArticle IV: Interstate relations Article V: The amendment processArticle VI: The Supremacy Act Article VII: The ratification process

Scavenger Hunt Key

Article I: Set up the Legislative Branch

What should a 5th Grader know about Article I?

• Article I created a Bicameral Body –Composed of 2 houses, an upper and a lower

– MAIN DUTY—MAKE LAWS

• House of Representative —lower house, closer to the people, 435 Members—States reps based on population!

– Term: 2 years—all up for re-election every 2 years

– Constitutional Requirements: 25 years old, citizen for 7 years, resident of state

• Senate —upper house, more prestigious (check on the “tyranny of the masses”) represents the interests of the state, initially elected by the state legislatures NOT the people of the state (changed by the 17th Amendment) 100 TOTAL = 2 per state

– Term: 6 years, only 1/3 are up for re-election in any given 2 year period

– Constitutional Requirements: 30 years old, citizen for 9 years, resident of state

Article I: Powers of Congress & the Elastic Clause• Article 1, section 8 lists the “expressed” power of Congress. (also called enumerated powers).

These are powers that are specifically granted to Congress.

• Examples of expressed powers include:

– Collect Taxes

– Declare War, provide and maintain a Navy and Army

– Regulate interstate commerce and inter-national trade

– Coin money

• At the end of all the expressed power is the sentence allowing Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers…”

– This is known as the “Necessary and Proper Clause” because it give the national government flexibility in what additional laws need to be made in order to carrying out its expressed duties.

– The laws that Congress gets from this clause are called Implied powers.

– Because of this flexibility, the clause has been nicknamed the “Elastic Clause”

Examples of Expressed Powers and Powers Implied from the “Elastic Clause”

Congress can:Borrow $, Print $

Implies the power to establish the Federal

Reserve Bank

Congress can “raise an Army/Nave”

Implied Congress can implement a Draft

Congress can regulate interstate Commerce

Implies congress can establish a minimum wage since it affect

interstate commerce

Expressed (enumerated) powers Listed in the Constitution

Implied power created since it is seen as “necessary & proper”

Elastic Clause in the News

Summary: Key Differences between House & Senate

House Senate

BOTH

Make up Congress

Pass a bill with 51% (Presidentmust sign bill to become law)

Meet in Capital Building—Washington D. C

Represent Constituents

• Headed by Speaker of the House

• Starts all Revenue Bills ($$)

• Sole power of Impeachment –51% needed to bring charges

• Selects President if no candidate receives a majority of electoral votes

• Vice President is President of Senate

• Approving Treaties made by President with a 2/3 votes

• Approving ALL presidential appointments with a 51% vote. (Advise and consent)

• Conducts impeachment trial—2/3 vote needed to remove

Article I: Legislative Branch

• Set up bicameral Congress

• Requirements/Duties of House and Senate

• Legislative Process (Bills to laws)• Enumerated Powers (delegated expressed powers)

• Prohibitions on the States

• Article I, Section 8, Clause 19: Necessary and Proper Clause-IMPLIED Powers (Elastic Clause)

►Strict Constructionists v. Liberal (Loose) Constructionists

Article II: Executive BranchWhat should a 5th Grader know about Article II?

• Main duty of Executive: Enforce and carry out laws (oath)

• President is Chief Executive Officer (CEO)

• The President is Commander in Chief of Military

• Can negotiate treaties (2/3 Senate must confirm)

• Appoint federal judges and other officials (with senate confirmation)

• Grant pardons to those convicted of federal (not state) crimes.

• Power to VETO

• Give the “state of the union” address… “from time to time…”

• Term of office: 4 years—2 terms max

• Constitutional Requirements: 35 years old, natural born citizen, live in US 14 years.

Article II: Executive Branch

• Executive Branch

• Executive Powers/Responsibilities/Qualifications of the President

• Impeachment

Article III: Judicial BranchMain Duty: Interpret the law

• Judicial Review-- the power to determine the constitutionality of an action of the government (SCOTUS case Marbury v. Madison (1803) established this precedent)

• Judicial Review is not specifically mentioned in the Constitution, but most assumed it was a power the judicial branch inherently has.

• All federal judges are appointed by the President, confirmed by the senate, and serve for life. – Removed only through impeachment

Article III: Judicial Branch

• Federal Courts

• Rights of Judges

• Jurisdiction

• Treason

Article IV: Relations between the states and obligations of the National government to

the states. • Set up the framework for Federalism• Full Faith & credit —state must recognize the legal

proceedings and records of other states• States must extradite fugitives back to state where crime

was committed, treat other citizens equally, and make agreements with other states (interstate compacts) BUT not agreements with other nations.

• States may not be created within states • States must have a republican (indirect democracy) form of

government• National government must come to the aid of states when

crisis occurs (invasion, natural disaster, etc.) – Hurricane Katrina– 9/11

Article IV: State to State relations

• Full Faith and Credit Clause

• Interstate Compacts

• Privileges and Immunities

• Admission of States

• National Government obligations to the States

Article V: Amendment Process• Amendment= An actual change/addition to the Constitution.• The Constitution has been amended 27 times in the 223 years of its existence. • The first 10 (Bill of Rights) were ratified in the first 2 years the Constitution was in

place. • The Framers provided 4 methods to formally amend the Constitution.

Article V: Formal Amendment Process

• Process to add amendments to the U.S. Constitution

The 4 methods are: • Method 1 = Amendment proposed

by Congress by a 2/3 vote in both houses. The Amendment is then ratified when State Legislatures in ¾ of the states approve it.

• Method 2 = Amendment proposed by Congress by a 2/3 vote in both houses. The Amendment is then ratified when Conventions in ¾ of the states approve it.

Amendment Methods Cont’d• Method 3 = Amendment

proposed at a National Convention called by Congress when 2/3 of State Legislatures request one. The Amendment is ratified when it is approved by ¾ of the State Legislatures.

What do these methods have in common?

• 2/3 of Congress to propose the amendment.

• ¾ of States needed approve an amendment.

Constitutional Amendment Process

Article VI• Article VI—Establishes the Constitution and laws from the National

government as the Supreme Law of the Land.• Also mentions that no “religious test” shall ever be required as a

qualification for public office.

Article VI: Supremacy Clause

• Supremacy Clause

• Debt

• Oath

Article VII: Ratification Process9/13 colonies needed to replace Articles of Confederation

Article VII: Ratification

• 9/13 states needed to ratify

27 Amendments1st: Freedom of: religion, speech, press, assembly, petition2nd: Right to bear arms3rd: Cannot quarter soldiers4th: Freedom from illegal search and seizure5th: Due Process: right to remain silent 6th: Right to speedy trial, confront witnesses, attorney7th: Jury trial in civil case (over $20)8th: Protection from cruel and unusual punishment9th: Other freedoms not mentioned in Constitution10th: Federalism: states rights11th: Limits on suits against states12th: Revision of electoral college system13th: Slavery is abolished14th: Equal protection of the laws15th: Black suffrage

16th: Congress can collect income taxes17th: Direct election of senators18th: Prohibition19th: Women’s suffrage20th: Federal terms of office and emergency presidential

succession21st: Repeal of prohibition22nd: Two-term limit on presidency23rd: D.C. gets 3 E.C. votes24th: No poll taxes25th: Presidential disability and succession26th: Changed voting age to 18• 27th: Congressional pay raises

The 27 Amendments

Civil Liberties: 1st Amendment

• Civil liberties—Constitutional freedoms that protect individual rights from being violated by the government.

• The first amendment reads: “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.”

The first 10 Amendments make up the Bill of Rights

 • Amendment 1 protects 5 basic liberties that MUST exist in a free society

1. Religion (the following two parts create a “separation” between religion and the state)

• No State Establishment of Religion

• Free Exercise thereof

2. Assemble (protest)

3. Press (media)

4. Petition (lobby government)

5. Speech /expression• Free Market place of ideas

Bill of Rights Rap

Amendment 2 = Right to (2) Bear Arms…or is it? CLIP

“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.”

--I have 2 ARMS!!!!

RIGHT 2 BEAR ARMS

Amendment 3

• No quartering of soldiers required during time of peace– No “3rd parties”??

• Quartering means?• Being forced to keep soldiers in your house.

Amendment 4 • Protects people against illegal searches and seizures.• Search warrants based on “probable cause” are required and need to

be specific.• To get a search warrant the government needs to show “probable

cause.”• Protection 4 You. DOOR=Four

Rights of the Accused• Amendment 5 = Due Process (government must respect all of the legal rights

of a person), No Double Jeopardy, and right to abstain from testifying against yourself, eminent domain

• “Plead the 5th”• “Miranda Rights” are based off of this Amendment.• Eminent Domain

• You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. During any questioning, you may decide at any time to exercise these rights, not answer any questions or make any statements. Do you understand these rights?

Rights of the Accused• Amendment 6 = Right to a speedy trial by a jury of your peers

and the right to seek advise and counsel from a lawyer • 6 letters in…….• S p e e d y …..and• L a w y e r

Rights of the Accused• Amendment 7 = Right to a jury trial in Civil Cases (non-criminal cases

usually involving $$ compensation).– “Civil Seven”

• Amendment 8 = Protects citizens against cruel, unusual or excessive punishment.—death penalty? – In some ancient cannibalistic cultures, they (ATE) 8 you as a

punishment….ATE is cruel….8

9th Amendment• Amendment 9 = Says that the

rights listed are not comprehensive thereby protecting all basic rights of citizens even if not mentioned specifically in the Constitution.– 9 turned around is a….– b….– basic! b then flipped up is a

P=PRVIVACY!!– Gonzales v. Oregon (2006) –is

the right to die a basic right?• The Court ruled that the Federal

government could not block Oregon’s law allowing doctors to assist terminally ill patient’s die

• Is Privacy a basic right?

Amendment 10 = Powers reserved to the States.

• 10th Amendment: Says that all powers not specifically granted to the national government are reserved for the states—“RESERVED POWERS”

• This is an example of which basic principle of the Constitution?• Federalism, remember division of powers between state and national government.• 10 letters in federalism!!!! • When you hear federalism-think 10th amendment, whenYou hear 10th amendment = FEDERALISM

Amendments 11,12,• 11th Amendment: Federal courts have no jurisdiction in cases involving

States that are sued by citizens from another state or country. The amendment recognizes that states have a certain degree of sovereign immunity 1 on 1 with the state

• 12th Amendment: Separated the Election of President and Vice President (#1 and #2) for members in the electoral college. (passed in response to the election of 1800)

Amendments 13,14,15 (civil War Amendments)

• 13,14,15 (civil war Amendments)

• 13th Amendment (1865)—Ended Slavery 13 typically unlucky—slavery bad

• 14th Amendment (1868)—States forbidden to pass laws that will deprive life, liberty, and property without due process. States must give all citizens equal protection under the laws 1 +4 = 5 Letters in EQUAL

– Also defines citizenship and repealed 3/5 compromise.

• 15th Amendment (1870)—Right to vote cannot be based on race or color--???HELP!!

Amendments 16,17,18,19• 16th Amendment—Created the Income tax

– 16?– normal age of first job? Tax?

• 17th Amendment—Popular, statewide, election of senators – (SENteenth….)

• 18th Amendment—prohibited intoxicating liquors/alcohol (prohibition) – 18 and 21---VICE years.

• 19th Amendment—Right to vote (suffrage) for women…nineteenth…..proposed in 1919. – End Women’s Suffrage?

Amendments 20,21,22• 20th Amendment—changed the inauguration of a new president

from March to January 20th. Hmm…?• 21st Amendment—Repealed the 18th Amendment—allowed

citizens to drink alcohol…..age to drink??– ...21.

• 22nd Amendment—limits the number of presidential terms to two---– “TO TWO” (22)

Amendments 23,24• 23rd Amendment—Washington D.C. given 3 votes in the Electoral College so that

citizens living in D.C. could vote for the president. • 2 Washington 3 electoral votes were given…

– 23 DC • 24th Amendment—Abolished the Poll tax on voting • (2+4 = 6…teen,..16th amendment…taxes?)

242+4=6…

Tax

Poll Tax 6…teen..16

Amendments 25,26,27• 25th Amendment—established official rules for presidential succession

(McKinley was 25th president)• 26th Amendment—Age to vote lowered to 18 (1971)• 2 + 6 = Eighteen.• ….Or….1 + 9 + 7 + 1 = 18 • 27th Amendment –Congressional pay raises will not be in effect until next term

of office (1992)• 1x9=9 9x2=18 18+9=27

Constitutional Interpretation by the U.S. Supreme Court

Marbury v. Madison (1803)

Constitutional Interpretation by the U.S. Supreme Court

● Might look at how the court has ruled in the past

● Might try to ascertain what the authors of Constitution meant

● Might consider the policy implications of differing interpretations, gauging against mission presented in preamble

● Judicial Review: Marbury v. Madison,

Plessy v. Ferguson and Brown v. Board

● Current reinterpretation issues: technology, detainees in Guatanimo

● Concern over: Judicial Activism

Study the Chapter:

http://www.mhhe.com/harrison1e

What to Study:• Text, Notes, Packet—Buzz Words and

Objectives• Barrons AND more review on WEBSITE• Other topics..hint, hint:• Amendment Process• What are the “undemocratic” characteristics of

the original Constitution? • How have we changed those through the years

(amendments?)• Review amendments that expand voting rights

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