How the National Government

shapes our State & Local Government

Ms OBJECTIVE1a Cite and analyze how the Constitution is

a living document.

1b Analyze and evaluate the impact of presidential policies and congressional actions on domestic reforms.

1c. Explain and analyze the expansion of federal powers.

At the end of this lesson, the students should know:The division of power in the United States

government,The specific powers of each government

branch,An explanation of federalism, and.An explanation of the Bill of Rights

BELL PRACTICE 1The President is actively using his power

when he:A. makes a law for citizens to follow.B. orders the law to be implemented by the

states.C. interprets a law through the court

system.D. Requires the citizens to vote.

Bell Practice 2:Which statement reflects the function of

the Executive Branch?A. The President makes laws that the

citizens are encouraged to follow.B. The President reviews laws like a court

system and rules if they are constitutional.C. The President sends in the National

Guard to enforce desegregation in MS in 1962.

D. The President adds Amendments to the U.S. Constitutional.

Bell Practice 3

The Legislative Branch is made up of two groups. Which statement reflects the make-up of Congress?

A. It is made up of the Senate and the Supreme Court.

B. The (50) Senators make up all of Congress.

C. The 435+ members of the House of Representative make up all of Congress.

D. Congress makes laws through the Senate and the House of Representatives.

Bell Practice 4The United States is centrally composed on

the principle of federalism. Federalism can be illustrated in our government by:

A. the separation of powers between the 3 branches of government

B. Shared government powers between the federal (national) government and state governments.

C. Shared government powers from the national level to state level to the local level.

D. All of the above.

Bell Practice 5The three branches of government operate

within their jurisdiction. Which statement best describes how the legislative and executive branch may view jurisdiction?

A. The state governor do not tell the President what to do.

B. The President do not tell the state governments what to do.

C. Both are correctD. None are correct

3 branches of Government & Federalism

Over 200 years ago, our Founding Fathers wrote the Constitution. The Constitution is a basic design for how our government should work. The Constitution divides the government into the following three branches: the legislative, executive, and judicial branches.

                                                                              

     

The 3 Branches of the National Government

•Each state has its own constitution based on its unique history, needs, philosophy, and geography.

•Just like that of the national government, each state's constitution separates power between three branches -- legislative, judicial, and executive.

Does this impact our State Government?

What are the responsibilities of each branch of Government?

National Government:The Legislative Branch

•The legislative branch makes laws for the nation. •The main lawmaking body of this branch is known as Congress. •Congress is made up of two parts, the House of Representatives and the Senate.

MS Government:The Legislative Branch

•Headed by the Congress, which makes state laws.

•State Representatives

•State Senators

The Congress

is made up of two parts.

Our National Government:The Executive Branch

•The executive branch makes sure people follow the laws that the legislative branch makes. •The leaders of this branch are the President and Vice-President.• When making important decisions, the President often asks for advice from the Cabinet. •The President lives at the White House in Washington, D.C.

National vs. MS Government:The Executive Branch

President Barrack Obama

Governor Phil Bryant

Lt. Governor

Tate Reeves

Vice President

Joe Biden

•MS Executive Branch is headed by the Governor, who carries out and enforces laws made by the Congress.

National Government:The Judicial Branch

•When people are unsure about the meaning of a law, the judicial branch listens to many opinions and makes a decision. •The judicial branch is made up of courts. •The highest of these courts is the U.S. Supreme Court.

MS Government:The Judicial Branch

•Headed by the MS Supreme Court, which interprets and applies the state laws.

The Supreme Court is made up of Six Justices and One Chief Justice.

Maureen O'Connor, Paul E. Pfeifer, Evelyn Lundberg Stratton, Terrence O’Donnell, Alice Robie Resnick, Thomas J. Moyer (Chief Justice), and Francis E. Sweeney

National government and state government are two types of government,

but there is also local governments.

Local Government

U.S. citizens can participate in their government. This process insures that power will always remain where it belongs -

with the people.

The most important right citizens have is the right to vote. By voting, the people have a voice in

the government. The people decide who will represent them in the government.

1st Amendmentfreedom of speech, assembly, religion and press

2nd Amendment-right to bear arms

4th Amendment- search and seizure

5th Amendment Double jeopardy

14th Amendment- Due Process of law

African Americans in SF

arrested at high rates, analysis

finds

13-15th Amendment (Civil War Amendments)13th Amendment abolished slavery14th Amendment due process of law15th Amendment freed slaves granted the right to vote

15th Amendment—Race no bar to vote

16th Amendment-income taxesThe Congress shall have power to lay and

collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

16th Amendment-The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.

17th Amendment—Direct election of Senators

17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913)

18th Amendment-Prohibition …stop the sale, manufacturing and transport of alcohol

19th Amendment (1920) Women suffrage (Susan B. Anthony)

19th Amendment---Voting Rights Amendment for Women

21st Amendment---repealed the 18th Amendment…..alcohol is legal again!

Prohibition was known as "the noble experiment." The phrase was coined by President Herbert Hoover, who wrote to an Idaho senator in 1928: "Our country has deliberately undertaken a great social and economic experiment, noble in motive and far-reaching in purpose."

The Twenty-Third Amendment gave limited voting rights to the residents of Washington D.C.

24th Amendment banned poll

The 24th Amendment Ended the Poll Tax January 23, 1964 Imagine that you are finally old enough to vote in your first election. But, do you have enough money? Money, to vote? Not long ago, citizens in some states had to pay a fee to vote in a national election. This fee was called a poll tax. On January 23, 1964, the United States ratified the 24th Amendment to the Constitution, prohibiting any poll tax in elections for federal officials.

26th Amendment---18 year old citizens can vote

Voting Amendments to USA Constitution15th---Race to Bear no more17th—Direct Election of Senators19thWomen Suffrage23rd DC gets the right to vote24th-ended poll taxes26th- lowered voting age from 21

to 18

Plessy v. Ferguson 1896Plessy v. Ferguson (1896), is a landmark

United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of state laws requiring racial segregation in public facilities under the doctrine of "separate but equal."[1]

Plessey v Ferguson

Closure practice1. What court decision legalized abortion?

A. Brown v. the BoardB. Baker v. CarrC. Roe v. WadeD. Miranda v. Arizona

2. This Supreme Court case established the “Clear and present danger doctrine” limiting 1st Amendment rights after 16,000 letters were written to drafted men urging them not to show up for duty. What case was this?

A. Plessy v. Ferguson C. Scottsboro CaseB. Miranda v. Arizona D. Schenck v. United

States

Schenck vs USAThe government can limited free speech When the speech places it in “CLEAR And PRESENT DANGER.” Charles SchenckWrote 16,000 letters urging drafted men To not show up during World War I. This put

American Forces “in danger” and he was arrested for espionage. He took his

case to the Supreme Court and they ruled 1st Amendment speech could be limited.

Dennis vs USADennis v. United States, 341 U.S. 494

(1951), was a United States Supreme Court case relating to Eugene Dennis, General Secretary of the Communist Party USA. The Court ruled that Dennis did not have the right under the First Amendment to the United States Constitution to exercise free speech, publication and assembly, if the exercise involved the creation of a plot to overthrow the government.

FR FREE SPEECH LIMITED!

Korematsu vs USAInternment camps were establishedafter the bombing of Pearl Harbor. Japanese Americans were ordered to move into these

camps. FredKorematsu evaded the interment report to the

camps and was Arrested. He appealed his case to the

Supreme Court for violation of the 1st Amendment. Court upheld the decision

because national security was at stake.

Yates vs. USABrief Fact Summary. Fourteen individuals were

arrested, and later convicted by a trial court, for violation Smith Act. These individuals were accused of advocating, teaching and intending to overthrow the government.

Synopsis of Rule of Law. Mere advocacy and teaching for the overthrow of the government is not enough to punish otherwise the otherwise protected liberty of free speech and free press. There must be something more than just belief, they must be urged to perform some action either now or in the future. SPEECH PROTECTED!!!!!

Mapp vs. OhioBrief Fact Summary. Police officers sought a bombing

suspect and evidence of the bombing at the petitioner, Miss Mapp’s (the “petitioner”) house. After failing to gain entry on an initial visit, the officers returned with what purported to be a search warrant, forcibly entered the residence, and conducted a search in which obscene materials were discovered. The petitioner was tried and convicted for these materials.Synopsis of Rule of Law. All evidence discovered as a result of a search and seizure conducted in violation of the Fourth Amendment of the United States Constitution (”Constitution”) shall be inadmissible in State court proceedings

Bakke vs, Univ of CABrief Fact Summary. The Respondent, Bakke

(Respondent), a white applicant to the University of California, Davis Medical School, sued the University, alleging his denial of admission on racial grounds was a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution (Constitution).

Synopsis of Rule of Law. Although race may be a factor in determining admission to public educational institutions, it may not be a sole determining factor

Gideon Vs. WainwrightFacts of the Case Gideon was charged in a Florida state court with a

felony for breaking and entering. He lacked funds and was unable to hire a lawyer to prepare his defense. When he requested the court to appoint an attorney for him, the court refused, stating that it was only obligated to appoint counsel to indigent defendants in capital cases. Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to five years in a state prison.

Question Did the state court's failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments?

Engle vs. VitaleAlmighty God, we acknowledge our dependence

upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country.

Prayer adopted by NY school district and was read in public schools

Constitutional IssuesThe question before the Court involved the

Establishment Clause of the 1st Amendment. Did the Regents of New York violate the religious freedom of students by providing time during the school day for this particular prayer? Did the prayer itself represent an unconstitutional action—in effect,

Engle vs. Vitale

the establishment of a religious code—by a public agency? Did the Establishment Clause of the 1st Amendment prevent schools from engaging in “religious activity”? Was the “wall of separation” between church and state breached in this case?

ArgumentsFor Engel (the parents): The separation of church and

state requires that government stay out of the business of prescribing religious activities of any kind. The Regents' prayer quite simply and clearly violated the 1st Amendment and should, therefore, be barred from the schools.

Roe v. WadeThe Roe v. Wade 1973 historic Supreme

Court decision legalized abortion, on a federal level, in the U.S. At the time, abortion was regulated by individual states. Roe v. Wade was, and continues to be, the most influential court case that affects laws pertaining to abortion. This Supreme Court landmark case is one of the most controversial court cases of all time.

Pro-life vs ProChoice

New Jersey vs. TLOThe Supreme Court has a long history of

upholding citizens' protections against unreasonable searches and seizures—a right guaranteed by the 4th Amendment. In Weeks v. United States, 1914, the Court ruled that evidence obtained by police illegally is not admissible in federal court—a practice known as the exclusionary rule. The Court decided that such evidence is also inadmissible in State courts in Mapp v. Ohio, 1961.

Texas vs. JohnsonDuring the burning of the flag,

demonstrators shouted such phrases as, "America, the red, white, and blue, we spit on you, you stand for plunder, you will go under," and, "Reagan, Mondale, which will it be? Either one means World War III."

Texas Vs. JohnsonTexas v. Johnson, 491 U.S. 397 (1989),

was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution.

Tinker vs. Des MoinesCase SummaryIn 1965, John Tinker, his sister Mary Beth, and a friend

were sent home from school for wearing black armbands to protest the Vietnam War. The school had established a policy permitting students to wear several political symbols, but had excluded the wearing of armbands protesting the Vietnam War. Their fathers sued, but the District Court ruled that the school had not violated the Constitution. The Court of Appeals agreed with the lower court, and the Tinkers appealed to the Supreme Court.

Brown vs. Board of Education 1954Brown v. Board of Education, 347 U.S. 483 (1954),

was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which allowed state-sponsored segregation. Handed down on May 17, 1954, the Warren Court's unanimous (9–0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This ruling paved the way for integration and was a major victory of the civil rights movement.[1]

Elizabeth Eckford and Little Rock 9 (1957)

James Meredith and Ole Miss 1962

Closure3. What was the common purpose of the amendments that were added to the US Constitution between 1865-1870?a.Expanding the right to vote for southern womenb.Reforming the sharecropper systemc.Granting rights to African Americansd.Protecting rights of Southerners who were accused of treason

4.Why did the framers of the U.S. Constitution establish 3 branches of government?a.They wanted the states to have more power than the federal govtb. They wanted widespread control of the economyc. They believed the government had to be large to effectively run the nation.d. They wished to limit the power of the other branches.

Closure7. Which was NOT an element of the U.S.

Constitution?A. the federal government has three

branches.B. There is a system of checks and

balances.C. All delegates had to sign the

Constitution.D. The legislature is composed of two

houses.