DIVISION OF POWERS UNDER THE CONSTITUTION AND THE FIRST AMENDMENT

Federalism  Federalism- the division of power between the national and state governments

Federal Powers  Delegated Powers– Powers granted to the National Government through the US Constitution 1. Expressed (Enumerated) Powers 2. Implied Powers 3. Inherent Powers

Federal Powers continued…  Expressed (Enumerated) Powers- powers that are spelled out in the Constitution

Federal Powers continued…  Implied Powers- Delegated powers of the gov’t that are suggested by the expressed powers; powers that branch from the “necessary and proper clause” Necessary and proper clause (Article I Section 8 Clause 18)- Gives Congress the power to make all laws necessary to carry out their expressed powers

Federal Powers continued…  Inherent Powers- Powers the government has (not clearly stated) because it has to represent the US government within the world community

Reserved Powers  Reserved Powers- Powers the Constitution does not grant to the National Government and does not deny the States. In other words, states have all powers not granted to the federal government by the Constitution

Concurrent Powers  Concurrent Powers- The powers that both the National and the State governments have and exercise; Shared powers

The First Amendment

Amendment Process 1) Proposal: - By a 2/3 vote in Congress - Or by a national convention 2) Ratification: - By ¾ of the states by a vote in each legislatures - Or by calling special state conventions

What are Civil Liberties?  The freedoms we have to think and act without government interference or fear of unfair treatment

What five basic freedoms does the 1 st Amendment protect?

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.

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Thinks of it as RAPPS!  R- Religion  A- Assembly  P- Press  P- Petition  S- Speech

What does the 1 st amendment prohibit Congress from doing concerning religion?  Congress cannot establish an official religion in the United States AKA- The Establishment Clause

What else does it protect concerning religion?  Guarantees Americans the right to practice their faith as they wish  AKA- Free-Exercise Clause  They may not favor one religion over another or treat people differently because of their personal beliefs

Students and Religion As students, it’s important to know your religious rights in school.  You are free to pray alone or in groups, as long as the activity is not disruptive and does not infringe upon the rights of others.  As long as it is not disruptive, disrespectful of the rights of other students, and does not pressure or coerce others, you can exercise your faith.  Schools cannot organize religious activities including making students pray.

Speech  Free speech is the liberty to speak and express one’s opinions. It is the right to express ideas, information, opinions, etc. with limited government restrictions. Communication Protected Under the 1 st Amendment  Face to face  Internet communication  Art  Music  Clothing

Speech continued…  Free speech includes the right to criticize public officials, politicians, religious leaders, and public and corporate policies. Without this right a democratic nation could not survive. "I disapprove of what you say, but I will defend to the death your right to say it". -Voltaire

Limits of Freedom of Speech  Do not have the freedom to provoke a riot  Cannot speak or write in a way that leads immediately to criminal activities or efforts to overthrow the government by force  May not spread lies that harm a person’s reputation (SLANDER)  May not interfere with the rights of others

Press  Press and media includes-  Books  Newspapers  Magazines  Radio  Television  Internet  Libel- spreading lies in writing (illegal)

How does freedom of press limit the government?  The government cannot practice censorship  It cannot ban printed materials or films merely because they contain alarming or offensive ideas The press is often called “the fourth branch of government.” It helps to keep the other three branches in check.

What rights are covered by the freedom of assembly?  Protects our right to gather in groups for any reason, as long as the assemblies are peaceful They can make rules about when and where, but cannot ban them  We also have the right to form and join social clubs, political parties, and labor unions

What does freedom of petition allow the citizens to do?  The right to express one’s idea to the government in a formal document

Although we have many individual freedoms, whose rights come first?  The rights of the community. Otherwise, the society would break apart

Rights Around the World Create a list of different rights around the world. (at least 6)