U.S. HistoryMr. WeberRoom 217

ActivatorRead over my comments in your notebooks. At this point in the semester, you can rewrite

any assignment in order to improve your grade.

If you have below a 2 or are missing any of the assignments you can make them up today in encore period directly after school.

If you have a 2 or 2.5, you should rewrite the assignment either in encore or at home and then flag it with a post-it and I will change the grade.

Agenda Activator, agenda, and objective (10 minutes)Separation of Church and State (15 minutes)Bill of Rights Academic Speed Dating (30-45

minutes)Marshall Court Notes (15 minutes)Marshall Court Comprehension Check (5

minutes)

Objective11.3.5 Describe the principles of religious

liberty found in the Establishment and Free Exercise clauses of the 1st Amendment, including the debate on the issue of separation of church and state.

Prayer in Schools

Review: 1st Amendment

1st Amendment

Establishment clause:

Separation of Church and State

Freedom of Religionno law respecting the free exercise

thereof

Freedom of Speech, Press, assembly,

petition…

Bill of Rights: 1st Amendment 1st Amendment:

“Free exercise” of religion clause protects a person to hold whatever religious beliefs they want and to pray in public or in private (also the right not to believe in a religion).

“Establishment clause” prevents gov. from creating a church, supporting religion in general, or favoring one belief over another. “A wall of separation between church and state.”

Bill of Rights (First 10 amendments to the Constitution)The Federalists had to promise to add a Bill

of Rights to get all the states to agree to the new national government.

Academic speed dating: With your partner read your assigned amendment

and take detailed notes.Form an inner and outer circle, sitting across from

someone .Make sure if you are in the inner circle, your

partner is in the outer circle (and vice versa).You will have 2 ½ minutes to teach your

amendment. Do not waste time because everyone needs notes on all 10 amendments!

Bill of Rights1st amendment: freedom of speech, press, assembly, and

religion.2nd amendment: right to bear arms.3rd amendment: housing soldiers.4th amendment: right against unreasonable search and

seizure. 5th amendment: jury trial, double jeopardy, self-

incrimination, due process.6th amendment: right to jury trial, right to a lawyer.7th amendment: extends right to jury trial to civil cases.8th amendment: no excessive bail, no cruel and unusual

punishment. 9th amendment: safety net stating that individuals have

other fundamental rights not explicitly listed.10th amendment: balance of power between federal and

state governments.

Major Tensions: Federal vs. State authority

Does the federal government have the power to override the laws of the states? When and why?

Separation of Church and StateShould the new nation be a Christian republic?

“One nation under God…” “In God we trust…”

Supreme Court: The Marshal CourtFederalist judge John Marshall served on

Supreme Court 1801-1835.Shaped the interpretation of the Constitution

and the balance of power in the new Federal government.

Repeatedly ruled that federal government has power to override state’s laws.

Extended power of Supreme Court.

Marshall Court RulingsMarbury vs. Madison

(1803) -- Ruling created judicial review. Judicial review is the power

of the Supreme Court to cancel acts of the executive or legislature if deemed “unconstitutional.”

McCulloch vs. Maryland (1819) – Ruling created implied powers. State of Maryland tried to

get in way of U.S. bank. Implied powers is that the

federal government has powers not specifically listed and that states can not block.

Marshall Court Cont.Gibbons vs. Ogden (1824) --

Ruling established federal government as supreme law of the land. Federal government can

overturn state law if deemed unconstitutional.

Worcester vs. Georgia (1832) -- Ruling that the state of Georgia could not remove Cherokees because it violated their sovereignty. Federal government not

states have right to deal with independent Native American nations.

Comprehension check: Make the chart below in your notebooks and

fill it in:

Supreme Court Case:

Ruling: Advantage Federal Gov. or State?

1.

2.

3.

4.

Time-permitting: Quiz Questions 1. In the debate over the ratification of the Constitution, the

Antifederalists believed A. the executive branch would be too powerful. B. the national government would be too powerful. C. the states would be too powerful. D. the Articles of Confederation should have been amended.

2. Which of the following is a civil liberty that is included in the Bill of Rights?

A. institution of the draft B. compelled self-incrimination C. right to a speedy trial D. right to search without cause

3. One weakness of the Articles of Confederation was that A. there was no executive branch. B. state governments were too weak. C. the Supreme Court had too much power. D. there was no legislative branch.

Quiz continued 4. All of the following were main arguments of the

Antifederalists against the ratification of the new Constitution EXCEPT that

A. it was primarily by and for the wealthy and aristocracy. B. the states would be wholly subordinate to the national government. C. it could lead to tyranny and despotism. D. the national government would need a judicial branch.

5. Patrick Henry refused to attend the Constitutional Convention. He did so in protest because he believed that the delegates were going to

A. establish a strong federal government. B. retain the Articles of Confederation. C. expand the powers of the states. D. create a Bill of Rights.

6. The ratification of the Constitution came before the A. Constitutional Convention in Philadelphia. B. acceptance of the Great Compromise by the states. C. states' acceptance of the Bill of Rights. D. Articles of Confederation were accepted by the states.

Quiz continued: 7. The Constitution was drafted because the Articles of

Confederation failed to A. allow for the addition of new states. B. prevent military rule. C. provide enough power to the central government. D. provide for a legislative body.

8. The accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny. —James Madison, The FederalistThe quote above is Madison's argument for which of the following? A. federalism B. separation of powers C. popular sovereignty D. states' rights

Quiz continued 9. The Great Compromise during the constitutional debates was

A. the counting of slaves as three-fifths a person for representation. B. a mix of the legislative ideas of the Virginia and New Jersey plans. C. an attempt to resolve the issues of the Northwest Territory. D. the Antifederalist's final ratification of the Constitution.

10. The vast Continent of America cannot be long subjected to a Democracy if consolidated into one Government. You might as well attempt to rule Hell by Prayer.The 1780s view expressed above was the opinion of which of the following?

A. Loyalists B. Antifederalists C. Federalists D. Whigs

11. According to the authors of The Federalist, the Constitution has two main purposes: to defend minority rights against majority tyranny and to

A. prevent a single faction (party) from dominating politics. B. prevent a minority from blocking measures necessary for the national interest. C. diversify the nation's economic interests and foreign trading partners. D. develop a new and separate American identity.