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Can make treaties with other nations after consulting with the

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									            Objectives for Constitution Unit

1.   You will be able to figure out the different powers that the
     government possesses.

2.   You will be able to devise how your own rights are defended or
     protected in this document.

3.   You will be able to explain how your rights have limits.

4.   You will be able to reinforce your own interpretation of the
     Constitution

5.   You will be able to determine how the Constitution affects the
     everyday business of government and life.
                Goals of the Constitution

1.   Lay out a plan for our new government that would not be
     misinterpreted

2.   Prevent any one person from achieving power, which would lead to
     tyranny

3.   In order to solve #2, they balanced the power across the three branches
     of gov’t.

4.   Lay out what the government can and cannot do.

5.   Bill of Rights not meant to protect individual rights, but rather states’
     rights.
Constitution: Legislative Branch
     Legislative Powers in the Constitution


House of Representatives:
-Create all bills for
taxes/revenue
Both Houses:
-Bill introduced in either
house must pass both houses
before it reaches President
-If the President vetoes
(rejects) the bill, then
Congress can override his
veto by 2/3 majority
       Ideas Behind the Legislative Branch

• Had to control the various states from doing their own thing

• Fix the problem of interstate commerce and taxation

• Allow for every state to have as an equal say in legislation as possible –
  that’s why we have a bicameral congress

• Senators would only be chosen by their State legislatures, people wouldn’t
  vote for them until 1913… they gave this as a bonus to the states

• No income tax until the 16th Amendment in the 1913, imagine not having
  that!!
Powers of Congress
          1.   Raise and collect taxes:
               common federal tax laws

          2.   Regulate trade with other
               countries: why would this be
               important?

          3.   Regulate value of currency:
               what does this improve?

          4.   Declare war: why wouldn’t the
               President do this?

          5.   Pay for the armed forces

          6.   Approve any Presidential
               nominee

          7.   Allowed to create forts and
               other federal buildings in
               various states
                             Other things

1.   The importation of slaves shall
     end in 1808- what famous
     ‘compromise’ did this address?

2.   Habeas Corpus shall not be
     removed, except for rebellion

3.   No taxes on exports

4.   Must keep records of money
     spent, only money spent that is
     allowed by the budget

5.   No titles of nobility- why would
     this be in the Constitution?
Structure of Legislative Branch
  Review Questions for Legislative Branch

1. How did this section reflect the ideas
   presented in the Virginia Plan, New Jersey
   Plan, and Connecticut Compromise?

2. Are there any powers given to Congress that
   you feel are unfair or bother you?

3. Did this section provide a balance of power
   between the states and the federal
   government?
   Executive Branch




The White House: My future home
                              Overview

-President is in charge (see image)
- Carries out/executes the laws
created by the Legislative Branch
-Composed of the Office of the
President, his/her cabinet, and the
various departments of the cabinet
(State, Defense, Agriculture, etc.)
-Largest branch in the federal
government

                                         Theodore “Teddy” Roosevelt
                   What the Constitution Doesn’t Say

• It’s written with G Dubs in mind

• How to address the President… that came later

• What the role of the Vice President is… although in a way it’s a link between the Legislative
  Branch and the Executive Branch. How?

• If the President can simply fire his officials, it’s really unclear

• Until the 1950s, it didn’t say how many terms you could serve, just that you had 4 year terms

• GDubs established the precedent of leaving after two consecutive terms
                   Requirements for Office, etc.
                                 • Four year term, can only be elected
                                   twice, even if not consecutive

                                 • Elected by the Electoral College, need
                                   271 to win, usually Electoral College
                                   coincides with the popular vote

                                 • Have to be a native born citizen to
                                   hold office; 35 years old

                                 • If the President dies, then the Vice
                                   President succeeds him, followed by the
                                   Speaker of the House of
                                   Representatives

                                 • Must take oath of office

George Washington aka: G Dubs
                              Powers of Office

• Commander in Chief of the Armed
  Forces: can not declare war, but can
  send military anywhere, and can ‘push
  the button’

• Can make treaties with other nations,
  after consulting with the Senate

• Can nominate Federal judges, Senate
  and House must approve before they
  are given position

• Convene both houses of Congress to
  deliver State of the Union address

• Veto any bill given to him/her by
  Congress
                                             Abraham “Honest Abe” Lincoln
                                    Impeachment
                        • If convicted of ‘high crimes and
                          misdemeanors’ the President, along with
                          any other member of his/her cabinet shall be
                          removed from office

                        • Only two Presidents have ever been
                          impeached… Andrew Johnson and Bill
                          Clinton. For the record.. Richard Nixon
                          most likely would have been impeached had
                          he not resigned.

Richard Milhous Nixon                                                    William Jefferson Clinton




                                          Andrew Johnson
Chart
                          Summary Questions


1.   Are there any powers given to the President that bother you in
     any way?

2.   Do you think that the President and the Executive Branch
     have more power than the Legislative Branch, based on what
     you have learned? Explain.




                           George “Dubya” Bush
                        Review Questions
1.   How does the Executive Branch keep the Legislative Branch in
     check?

2.   How does the Legislative Branch keep the Executive Branch in
     check?

3.   What specific powers does the President have?




                                          Chester A. Arthur: Who knew he was President?
Judicial Branch
             Powers of the Judicial Branch

•   Judicial Review- check to see if
    any law is unconstitutional

•   Try any case involving more than
    one state- why was this created?

•   Any case involving federal
    government

•   Appeals from lower state courts-
    once the State Supreme courts
    hear a case, the Federal Supreme
    Court can hear a case

•   Checks both the Legislative and
    Executive Branches by evaluating
    constitutionality
                                       John Marshall
Structure of the Federal Court System
                                    Supreme Court
•   Highest Court in the land

•   Is the final say in any court decision, there is
    no appeal to their decision

•   Made up of 9 members, with 1 Chief Justice,
    all of whom serve life terms                                         Sandra Day O’Connor- First Female
                                                                         Member of Supreme Court
•   Must be nominated by a President and
    approved by the Senate

•   Usually takes years to get case heard there,
    because of the length of trials that precede it

•   Can hear both state cases and federal
    cases if appeals are made




                                                                               Thurgood Marshall- First
                                                                               African American Member
                                                                               of Supreme Court
                                          Louis Brandeis- First Jewish
                                          member of Supreme Court
How does a case go to the Supreme Court?
                            Overview Questions
 1.     Are there any famous cases that you know of that involved the
        Supreme Court?

 2.     Why do you think that the Supreme Court has final say on any ruling?

 3.     How does the Supreme Court keep the other branches in check?




William Howard Taft- Only
person to have headed two
                                               John Roberts- Current Chief Justice
branches of government:
Executive and Judicial
The Actual Document
                                     Problems
•   The Constitution needed to be
    ratified in at least 9 of the 13 states,
    to ensure that the new national
    government would take effect. Many
    people worried about the new
    Constitution, while others adamantly
    supported it
•   Two groups emerged from the
    debate: Federalists and
    Antifederalists

•   Some felt that the Constitution did
    not do enough to protect states’
    rights and individual rights-
    Antifederalists

•   Mostly farmers and rural people were
    worried about the government
                                                James Madison
•   Others felt that the national
    government under the Constitution
    was adequate to protect rights and
    insure stability- Federalists.
                     Federalists
                           •   Mostly made up of prominent
                               merchants/wealthy men from cities

                           •   Some of the most prominent were
                               Alexander Hamilton, James Madison,
                               and John Jay

                           •   Favored a strong central government,
                               ardent supporters of the Constitution

                           •   Made up a strong majority of the
                               population, since most cities were
                               Federalist

                           •   Actively campaigned in states like
                               Virginia, New York, and Pennsylvania
                               to guarantee ratification: wrote
                               series of articles now known as the
                               Federalist Papers
Alexander Hamilton
                              Anti-Federalists
•   Mostly made up of farmers and people
    from rural areas

•   Feared a strong central government
    because people living in outlying areas
    were too far away from center of
    power

•   Also feared the idea that a few people
    had power over so many people

•   Felt that the government favored the
    elite

•   George Mason and Richard Henry Lee
    were the two most prominent ones

•   Made up the minority of the debate,
    but stalled the ratification in states
    such as Virginia and New York: two
    crucial ‘big’ states
                                                 George Mason
•   Until recently had not gotten much
    attention, but current publications have
    caused them to be talked about more
    than before
Result of Debates
         •   Delaware, New Jersey, Pennsylvania,
             and Connecticut all ratified
             immediately

         •   NC and RI refused to vote on it,
             rejected it all together: No Bill of Rights

         •   SC and Maryland passed it by early
             1788

         •   Massachusetts, Virginia, and New
             York ratified it by June 1788, very
             close though: Now had 9 states, so
             central government was legitimate and
             had power over the states

         •   Most states recommended that some
             sort of Bill of Rights be added
                                     Bill Of Rights

•   Were adopted to ensure that the states
    that had not ratified the Constitution
    (North Carolina and Rhode Island) would
    join the Union

•   12 Amendments were sent out to the
    states for approval: at least 9 of them had
    to approve it

•   ¾ approved ten of the amendments by
    1791, and after all the states were now a
    part of the Union

•   These first 10 amendments are popularly
    called the Bill of Rights
                    First Amendment

        “Congress shall make no law respecting the
       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.”

1.   Freedom of Religion
2.   Freedom of Speech
3.   Freedom of the Press
4.   Freedom to Peaceful demonstration
5.   Freedom to petition the government if you have problems with
     something (writing to Congressman, etc.)
1st Amendment in Action




                Freedom of Speech/Protest
Freedom of Religion
                         Second Amendment


“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.”

1.   Each state is allowed to have its own militia (National Guard)
2.   Every person has a right to own and use a firearm, or other legal weapon

3.   * This does not mean that you can kill a person with this weapon,
     however it does not say explicitly that someone can not rebel against the
     government. (Usually people use their right to petition the government
     before resorting to this)
                  2nd Amendment in Action




Why are not both of these guns
legal in the United States?

How do gun control laws affect this
right to bear and own arms?
                        Third Amendment

     “No soldier shall, in time of peace be quartered in any
       house, without the consent of the owner, nor in times
            of war, but in a manner prescribed by law.”

1.    No military personnel can stay in your house, or on your property without
      your consent.

2.    Why do you think they put this in the Bill of Rights?
                          Fourth Amendment

 “The right of the people to be secure in their persons, houses, papers,
       and effects, against unreasonable searches and seizures, shall
       not be violated, and no warrants shall issue, but upon probable
         cause, supported by oath or affirmation, and particularly be
      describing the location to be searched, and the persons or things
                                 to be seized.”

1.   No unlawful search and seizures
2.   Must have a warrant that describes the area or person to be searched or seized
3.   However, if you have probable cause, you can be searched or taken under
     arrest.
4.   Have any of you had experiences, or know someone who has experienced an
     unlawful search or seizure?
                         4th Amendment in Action




In the picture of the captured
drugs (below), what would
happen if there was no probable
cause or warrant to search the
vehicle?
                 Fifth Amendment: aka “The Fifth”


 “No person shall be held to answer for a capital, or otherwise infamous crime,
       unless on a presentment or indictment of a grand jury, except in cases
      arising in the land or naval forces, or in the militia, when in actual service
        in war or time of public danger; nor shall any person be subject for the
          same offense to be twice be put in jeopardy of life and limb; nor be
         compelled to be a witness against him/herself, nor be deprived of life,
      liberty, or property without due process of law, nor shall private property
                  be taken for public use, without just compensation.”

1.    Do not have to answer questions regarding any crime that you have not been
      charged with.
2.    Does not apply to military personnel during times of war or public danger
3.    No ‘double jeopardy’: can not be charged for the same crime twice.
4.    Can not be forced to witness against yourself.
5.    Property can not be taken away from you for public use, unless you have been
      paid
      5th Amendment in Action




Martha Stewart was forced to answer
questions and was arrested because she
faced prosecution and conviction of a
crime.
                        “I plead the fifth”




Former Enron CEO Kenneth Lay




                                         LTC Oliver North
                                         during the Iran
                                         Contra scandal
Double Jeopardy




 No explanation needed
                           Sixth Amendment
1.   Right to a speedy trial
2.   Right to a jury of your peers
3.   Right to know what you are being arrested for, or why you are being held
4.   Right to a defense (Miranda Rights)
5.   Right to find witnesses to testify on your behalf




                       Seventh Amendment
     1. Jury will be involved in any civil suits involving more than 20 dollars
     2. In other words, juries award the money or damages in a civil case
                          Eighth Amendment
1.     No excessive bail

2.     No cruel and unusual punishment: any current examples of violations?


                         Ninth Amendment
1. Constitutional rights can not be used to violate other people’s rights

2. In other words, if Freedom of Speech or press are used to hurt someone else, then
   you forfeit your rights.


                         Tenth Amendment
1. Any powers not listed under the Constitution that are not illegal in any other state,
are given to the states. (Reserved Powers)

2. Any personal rights not listed under the Constitution is given to the people.

								
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