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The Constitution - PowerPoint

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									The Constitution
Drill 9/2

   Define the following
       Democracy
           Rule of the people
       Oligarchy
           Rule of a small group of people
       Unitary Government
           System of government where the power is
            held by an individual or small council
Volunteers please…

   For this exercise I need three
    Volunteers willing to stand and perform
    in front of the class

   Complete the chart and accompanying
    exercises before we move on.
Objective: SWBAT

   Identify and analyze the laws set forth
    in the Constitution
The MOTHER of all
Constitution Assignments
   You may work alone or with a partner
   Using the yellow Constitution books
   Each assignment will be 20 questions long
   Today we will begin with questions 1-20,
    tomorrow we will complete the next 20 etc
    etc.
   This will also be assigned for homework this
    week
   The entire assignment will be due MONDAY
    9/8
 The Preamble
We the People of the United States, in Order to form a
 more perfect Union, establish Justice, insure domestic
  Tranquility, provide for the common defence, promote
the general Welfare, and secure the Blessings of Liberty
 to ourselves and our Posterity, do ordain and establish
    this Constitution for the United States of America.
The Preamble
   in Order to form a more perfect Union
   establish Justice
   insure domestic Tranquility
   provide for the common defence
   promote the general Welfare
   and secure the Blessings of Liberty to ourselves
    and our Posterity
Article One

Section 1.
  All legislative powers herein granted shall be vested
  in a Congress of the United States, which shall
  consist of a Senate and House of Representatives.
Drill 9/3

   Article I of the Constitution outlines the
    powers and structure of what body?

       The Congress
Objective: SWBAT

   Identify and analyze the laws set forth
    in the Constitution
Article One

Section 1.
   All legislative powers herein granted shall be vested
   in a Congress of the United States, which shall
   consist of a Senate and House of Representatives.

What specific body does Section 2 outline?
   ARTICLE I
       Section 1 – The Congress
       Section 2 – The house
       Section 3 – Senate
       And so on


   Each section of the constitution is dedicated
    to a certain part and function of the
    Government
CW – T’Mocha

   Finish 1-20, Begin the next 20

   HW tonight 21-40
Drill 9/4

   What is impeachment?
       Who has the sole power of
        impeachment?
       Who tries the case?
       Who presides over the trial?
Drill 9/4

   Impeachment
       The legal statement of charges
   The House of Representatives
       1.2
   The Senate
       1.3
   The Chief Justice
       1.3
Objective: SWBAT

   Identify and analyze the laws set forth
    in the Constitution
Drill 9/5

   Given the power give the Article and
    the section
       Congress
       Senate
       Presidency
       House of Representatives
       President/ Vice President Removal from
        office
Objective: SWBAT

   Identify and analyze the laws set forth
    in the Constitution
Article II

   The executive Power shall be vested in a President
    of the United States of America. He shall hold his
    Office during the Term of four Years, and, together
    with the Vice-President chosen for the same Term,
    be elected, as follows: ...
Question

   Why did the framers of the Constitution
    feel it was necessary to put
    IN WRITING that the executives
    could be removed from office?
Objective: SWBAT

   Analyze the intentions and effects of
    the Bill Of Rights
CW: 9/8

   Take your pocket Constitutions, turn to
    page 21
   Of the first 10 amendments pick the
    one that you feel is most important
   On a separate sheet of paper, restate
    the amendment and below explain
    WHY you feel this is the most
    important in a short paragraph.
Setting the scene

   1787
   The Constitutional debate is raging
   Between two factions
       Federalists
       Anti-federalists
Federalists

   Madison, John Adams, Hamilton
   Desired a strong central government
    with subordinate states
   Driving forces behind the Constitution
Drill 9/9

   Identify the following
       Federalists
       Anti-Federalists
Federalists

   Madison, John Adams, Hamilton
   Desired a strong central government
    with subordinate states
   Driving forces behind the Constitution
ANTI-Federalists

   Samuel Adams, Patrick Henry
   Feared that a strong centralized force
    would be a return to the monarchy
       Wanted the states to have more control
       Driving force behind the Articles of
        Confederation
Reception to the Constitution

   Most people in every state disliked the
    constitution at the start
   The nine states that ratify it first do it
    with relative ease
   Rhode Island and North Carolina are
    hold outs
Ensuring Ratification

   To ensure final ratification the
    federalist powers buckle
   James Madison in the first Congress
    (1797) introduces the first ten
    amendments
       They pass with ¾ of the vote
Objective: SWBAT

   Analyze the Amendments I and II of
    the Constitution
      The First Amendment
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


      Establishment Clause            Free-Exercise Clause


             Freedom of Speech           Freedom of Press



                                     Freedom of Assembly
      Freedom of Petition
   Establishment clause

      Congress shall make no law respecting an
       establishment of religion


There is NO official religion of the United States. The
United States can not promote one religion over another.
    Free Exercise clause

       or prohibiting the free exercise thereof


The United States government cannot prohibit anyone
from practicing their religion, so long as it stays within
the laws of the country
       The 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.

THE DEBATE: Does this mean that EVERYONE has the right to bear arms
(A) or does this mean that a police force has the right to bear arms (B)?
Drill 9/10

   List the freedoms guaranteed by the
    first amendment
       Religion
       Speech
       Press
       Petition
       Assembly
       The 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.

THE DEBATE: Does this mean that EVERYONE has the right to bear arms
(A) or does this mean that a police force has the right to bear arms (B)?
Objective: SWBAT

   Analyze the IV and V amendments of
    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
   describing the place to be searched, and the persons or things to
                                be seized.


Freedom from unwarranted search + seizures
Warrants need PROBABLE CAUSE, local judges decide
that
Warrants must be specific in WHAT is searched and WHAT
they are looking for
With a Partner…

   Read through the episodes of “The case of
    the vanishing sub machinegun”
   After each episode decide whether or not
    you apply for a search warrant after each
    episode and explain why.

   Remember – What am I looking for? Why
    am I looking for it?
Drill 9/11

   Identify the rights protected by the
    following amendments
       II
       III
       IV
The Fifth Amendment
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 time of
   War or public danger; nor shall any person be subject for
   the same offense to be twice put in jeopardy of life or
   limb; nor shall be compelled in any criminal case to be a
   witness against himself, 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
Fifth Amendment
   Self incrimination
       “You have the right to remain silent”
   Double Jeopardy
       You can not be tried for the same crime twice
   Eminent Domain
       The Government can not take your land without
        your agreement and just compensation


   Due Process
Due Process

   The principle of government that states
    that ALL of a person’s legal rights must
    be followed
       No short-cuts
Due Process

   Guaranteed by the V, VI, and VII
    amendments
       Later by the XIV amendment
    Sixth amendment
    In all criminal prosecutions, the accused shall enjoy the right to a
         speedy and public trial, by an impartial jury of the State and
         district where in the crime shall have been committed, which
         district shall have been previously ascertained by law, and to be
         informed of the nature and cause of the accusation; to be
         confronted with the witnesses against him; to have compulsory
         process for obtaining witnesses in his favor, and to have the
         Assistance of Counsel for his defense.


Speedy and public trial by jury
Confront witnesses
Provide witnesses in your defense
Right to a lawyer
Tried in the state where the crime was committed
With a partner…
   Read through the background information of
    the case of Ms. Mary Toka

   Using the information create a legal brief
    illustrating how her rights were violated

   Use the template on page four and make
    one on your own paper,
       do not write on these copies please.
Drill 9/12

   Identify the rights given in the following
    amendments
       V
       VI
       VII
    The Eighth Amendment

    Excessive bail shall not be required, nor
      excessive fines imposed, nor cruel and
      unusual punishments inflicted.



What constitutes “Cruel and Unusual”?


Is the death penalty “Cruel and Unusual”?
CW: The 8th Amendment

   Use the chart to decide whether or not
    the you think the punishment
    sentenced is in violation of the eighth
    amendment
                   Class   SC
Furman v GA                YES
Lockett v OH               YES
Rummel v Estelle           NO
Rhodes v Chapman           NO
Solem v Helm               YES
The Ninth and Tenth
Amednments
   The enumeration in the Constitution, of certain
    rights, shall not be construed to deny or
    disparage others retained by the people.


   The powers not delegated to the United States
    by the Constitution, nor prohibited by it to the
    States, are reserved to the States respectively,
    or to the people.
CW: IN BCR form

   Why does

								
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