Unit 3: The Constitution. Lesson 1 Parts of the Constitution

Unit 3: The Constitution

Lesson 1 Parts of the Constitution

Preamble First sentence of the Constitution Lists the goals or purposes of our government States where the power comes from We the People....

Legislative Branch Main duty: Make laws People in Branch: Senators and Representatives (Congress) Articles I

Executive Branch Main Duty: Enforce, administer, carry out the laws President and VP Article 2

The Judicial Branch Main duty: Interpret the laws Supreme Court and Federal Courts Article 3

Outlines how states should interact and treat each other Article 4 Rules and Regulations Among States

Full Faith and Credit Full faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other State Article 4 Section 1 States must recognize, honor, and enforce Records Court decisions Documents of all other states Example: Civil Unions/Gay Marriage

Privileges and Immunities Clause The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several states. Article 4 Sec. 2 Clause 1 States can not discriminate against citizens of other states or give their residents special privileges Exceptions Public college tuition: based on taxes from state residents

State Power and Cooperation Extradition Legal process in which a person running from the police is returned to the state in which the crime has been committed Designed to prevent fleeing to another state to avoid punishment Governors of states approve extradition

Article 5: Amending the Constitution (Amend = To change) Proposal Ratification (suggestion) (approval) Proposed by 2/3 of Congress Proposed by a national convention called for 2/3 of states at Ratified by of state legislatures Ratified by of the states at convention

Establishes Constitution and federal laws as highest law of the land If a federal law conflicts with state law, the federal law will be supreme Federal courts can overturn state laws that are unconstitutional Article 6: The Supremacy Clause

9 of 13 states needed to ratify the Constitution Article 7: Ratification

Lesson 2 The Bill of Rights

Amendments Amend means to change 27 total Amendments Bill of Rights: First 10 Amendments to the Constitution Added to appease the Anti- Federalists

Guarantees freedom of speech, press, petition, religion, and assembly. Free exercise clause Practice any religion Practice no religion Establishment clause Government cant establish a national religion Amendment 1: 5 Basic Freedoms

2 nd Amendment Right to bear arms and serve in a state militia District of Columbia v. Heller (2008) upheld an individuals right to possess a firearm separate from the miliary and to lawfully use it (self-defense) District of Columbia v. Heller

3 rd Amendment The government cannot force you to house (quarter) soldiers During the Colonial Period, colonists were forced to let British soldiers sleep in their homes and eat their meals. Colonists were outraged, and the more they upset the British government, the more they were punished by having soldiers forced into their homes.

4 th Amendment Protects peoples privacy by prohibiting unreasonable searches and seizures Warrant needed

5 th Amendment Rights of the Accused Guarantees due process The FEDERAL government must act fairly and follow established rules and procedures in all that it does Protection against double jeopardydouble jeopardy Being tried for the same crime twice Protection against self-incrimination Miranda Rights Right to remain silent

5 th Amendment Rights of the Accused Must be indicted before being tried There must be enough evidence to bring you to trial Done by a Grand Jury Protection against eminent domain Governments power to take private property for public use Must pay fair market value for property

6 th Amendment Right to Fair Trial Explains how trials are to be conducted Speedy and public trials Right to a lawyer Right to be told what your are being accused of Impartial jury in a criminal case Right to question the persons who are accusing

7 th Amendment Right to a jury trial in a civil case Civil Case case where no crime has been committed

8 th Amendment Protects suspects from excessive bail Bail: Money paid by the accused to get out of jail while awaiting trial Protects against cruel and unusual punishment

9 th Amendment People have fundamental rights BEYOND those listed in the Constitution Federal govt cannot deny these rights simply because they are not listed (enumerated)

10 th Amendment Any powers not given to the federal government or denied to the states belong to the states and people Basis for state power

Lesson 3 Bill of Rights Extended

Civil War Amendments 13th Ends slavery 14 th The Second Bill of Rights aimed at states Citizenship Clause Defines citizenship by birth or naturalization Due Process Clause Requires STATES to use due process Equal Protection Clause Requires STATES to treat people equally under the law 15 th Grants voting rights to African American men

Suffrage Amendments Suffrage = Right to Vote Disenfranchisement: Denying the right to vote 15 th African American men granted suffrage (1870) 19 th Women granted suffrage (1920) 26 th Lowers voting age from 21 to 18 (1971)

Social Amendments 18 th Ban on alcohol (manufacturing, transporting, and sale)-1919 21 st Repeal (cancel) of Prohibition Amendment-1933 *This is the only amendment to be repealed in its entirety.

Congressional Amendments Amendment 17: How Senators Will Be Chosen Senators will be directly elected by the people of their state Before, the state legislature would select senators Amendment 27: Congressional Pay Raises If Congress votes to increase their salary, it does not go in to effect until the following term

Lesson 4 Principles of the Constitution Judicial Review

6 Principles of the Constitution Popular Sovereignty Limited Government Separation of Powers Judicial Review Checks and Balances Federalism

3 Principles -- Review Popular Sovereignty Government based on the consent of the governed (people power) Defined by English Philosopher Thomas Hobbes Limited Government Government is not all powerful People have rights that cannot be taken away Separation of Powers Dividing powers among the branches of government Defined by French Philosopher Baron de Montesiqueu

Judicial Review Power of the court to declare laws and actions unconstitutional Implied in the Constitution & established by Marbury v. Madison

The Players John Adams: Out-going president Thomas Jefferson: In-coming president James Madison: TJs Secretary of State William Marbury: Appointed Justice of the Peace by Adams John Marshall: Chief Justice of the SC

The Background Out-going President John Adams makes many last minute political judge appointments Not all of the appointments get delivered before he leaves office New president Thomas Jefferson and James Madison (Secretary of State) do not deliver Adams appointments

The Case Marbury sues Madison for not delivering his appointment Two questions for the Supreme Court to answer: Should Marbury get his job? Does the court have the power to force Madison to give him the papers? (writ of mandamus) Bases his case on the Judiciary Act of 1789

Decision Court says that Marbury should have gotten the job, BUT rule in favor of Madison Why?? The Judiciary Act that Marbury based his argument on is unconstitutional

Impact Marbury v Madison establishes the principle of judicial review Gives the Supreme Court the power to declare laws and actions unconstitutional

Lesson 5 Checks and Balances

Each Branch can check or limit the power of the other branches

Override President veto with 2/3 vote Pres. vetoes bill passed by Congress Declare laws unconstitutional House & Senate send bill to Pres. to sign into law Supreme Court declares actions of President unconstitutional President nominates person to be on Supreme Court Senate holds confirmation hearings on court nominee; Entire Senate must confirm with 2/3 vote (67 Senators)

Checks and Balances Example The House and Senate approve a bill (proposed law) President vetoes (rejects the bill) Congress overrides (cancels) the veto with a 2/3 vote and the bill becomes law US Supreme Court declares the law unconstitutional

Checks and Balances Example President nominates a Supreme Court Justice The Senate holds confirmation hearing and votes to approve the nomination with a 2/3 vote (67) Supreme Ct nominee is confirmed Serves for life

Clintons Nominees for Attorney General

Federalism Lesson 6

In your life as a teenager... What decisions do you make? What decisions do your parents make for you? What decisions do you and your parents make together?

Federalism: Dividing powers between the nation and the states Exclusive / Delegated /Expressed / Enumerated Powers Powers that belong to the national government Reserved Powers Powers that belong to the state governments Amendment 10 basis for state power All powers that are not delegated to the national government or denied to the states are RESERVED for the states and the people Concurrent Powers Powers shared between the nation and the state

Division of Power Exclusive / Expressed / Delegated / Enumerated/ Powers Reserved Powers NationalState Concurrent Powers

Exclusive / Delegated Powers Concurrent PowersReserved Powers Regulate foreign and interstate trade Enforce laws, make laws and interpret laws Make marriage and divorce laws Establish a post officeSet up courtsConduct elections Create and maintain an army And navy TaxEstablish and maintain schools Set standards for weights and measurements Define crimes and set punishments Set license requirements for professions Declare warBorrow and spend money Set legal drinking age Establish a national currency system/ punish counterfeiters Amend the ConstitutionSet laws for drivers licensing Establish foreign policyCharter banksRegulate trade within state (intrastate) Establish copyright and patent laws Protect public welfare and safety Establish local govts

Pros and Cons of Federalism + Prevents national government from becoming too powerful +Can better meet the needs of people Allows for new ideas & different ways to solve problems Allows people more access to govt -Laws are different from state to state -Creates tension between nation and state Who does what? Who is responsible?

McCulloch v Maryland (1819) Main Players State of Maryland McCulloch: Cashier of the National Bank Case Maryland did not like the idea of a national bank and decides to tax it McCulloch refuses to pay the tax Maryland courts order McCulloch to pay and he does not

Court Decision Supreme Court rules in favor of McCulloch for 2 reasons 1. States cant tax the federal government It would show states have more power than the national gov. Supremacy Clause: National government supreme over states 2. Reason #2.... To be continued in Unit 4

Impact of McCulloch v Maryland Two main impacts 1. Established federal law as supreme over states! Supremacy Clause 2. Second impact to be continued

Review: Exclusive (Delegated), Reserved, or Concurrent Powers 1. Print and coin money 2. Tax 3. Create schools 4. Conduct elections 5. Set up post office 6. Enforce laws 7. Amend Constitution 8. Professional licensing 9. Set drinking age 10. Declare war 11. Set up courts 12. Control interstate trade 13. Control intrastate trade 14. Set marriage & divorce laws 15. Define crimes/punishments 16. Establish foreign policy