PRINCIPLES review Please take a moment and give a CONCRETE example (not a vague definition) of the 6 principles of the Constitution LIMITED GOVERNMENT POWER SEPARATION OF POWERS CHECKS AND BALANCES FEDERALISM FLEXIBILITY POPULAR SOVEREIGNTY

PLEASE GRAB A TEXTBOOK Unit 2 TEST FRIDAY PLEASE GET OUT CROSSWORDS TODAY: BILL OF RIGHTS GAME INDENTIFY AT LEAST FIVE RIGHTS GUARANTEED IN THE BILL OF RIGHTS HW: GO OVER REVIEW PACKET USING NOTES UNIT 2 SUMMARY

Some issues debated: FEDERALISTS- SUPPORT RATIFICATION   FEDERALISTS- SUPPORT RATIFICATION ANTI-FEDERALISTS- OPPOSE RATIFICATION Key leaders James Madison, John Jay, Alexander Hamilton, George Washington George Mason, Mercy Otis Warren, Sam Adams, Thomas Jefferson Is a large republic possible? Sure!  No way! Do we need a Bill of Rights? Dangerous! Heck ya! Is the Constitution too vague? Elastic clause is”necessary” Necessary and proper- Hold the phone! Do we need a strong central government? Yes No

The Federalist Papers 85 essays by Hamilton, Madison, Jay published in papers to gain support for ratification Explain political theory behind Constitution

Why Federalists win out Articles unpopular; Shay’s Rebellion Anti-Feds- provide no option Feds- nationally organized “Star Power”- George Washington Assumed he will be first president; people trust him with power

Ratification Federalists promise Bill of Rights to assure ratification Summer 1788- NY and VA ratify New government forms in 1789

Adding the Bill of Rights Bill of Rights- assure basic freedoms 1st 10 amendments Ratified 1791 Amend- “change” the Constitution

The Bill of Rights OBJECTIVES: Identify the key INDIVIDUAL rights that are established by the Bill of Rights

1st amendment Freedom of speech, religion, press, assembly, petition http://www.washingtontimes.com/news/2011/mar/2/supreme-court-oks-church-protest-military-funerals/?page=all Freedom of speech, religion, press, assembly, petition

Second Amendment Right to bear arms

3rd Amendment Fourth Amendment Government can’t use private homes as military quarters Fourth Amendment No unreasonable search and seizure (Government needs a search warrant

Fourth Amendment No unreasonable search and seizure http://www.nytimes.com/2012/01/24/us/police-use-of-gps-is-ruled-unconstitutional.html?pagewanted=all&_r=0 www.slate.com/id/2143983/

An owner of a bar was sentenced to life for intent to distribute over 5 kilos of cocaine. He appealed because some of the evidence was obtained by the FBI attaching a GPS device to his car for 28 days. Was his 4th Amendment rights violated? http://www.nytimes.com/2012/01/24/us/police-use-of-gps-is-ruled-unconstitutional.html?pagewanted=all&_r=0

Fifth Amendment Gov’t needs an indictment of a Grand Jury- 12 to 23 citizens who decide if there is enough evidence to go to trial Double Jeopardy- Accused may not be tried twice for same crime Accused does not have to testify “pleading the fifth” Due process- same fair rules in all cases Eminent domain- Gov’t can take your property, but must pay you

A town in Connecticutt used eminent domain to take residential homes in order to set up a shopping mall. http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html

Sixth Amendment Right to a JURY trial in criminal cases Right to a lawyer to defend you

Seventh Amendment Trial by jury in lawsuits over money or property over $20

Eighth Amendment Judges cannot Order excessive bail Impose cruel and unusual punishment Cruel and unusual?

Ninth Amendment Government can’t claim that these are your ONLY rights Part of Roe v. Wade Woman’s right to “privacy”

10th Amendment Any powers not specifically mentioned in the Constitution are delegated to the states “FEDERALISM” Medical marijuana in California…

Please have out your… 2 Bill of Rights sheets (slides and actual wording) Unit 2 Summary

It’s the BILL OF RIGHTS GAME ! http://www.youtube.com/watch?v=qSA8LX0xNLg

Hypo #1 Jimmy was arrested for stealing a pack of gum. When he went to be arraigned, the judge threw him in jail and set his bail at $1.2 million.

Eighth Amendment Order excessive bail Judges cannot Impose cruel and unusual punishment Cruel and unusual?

Hypo #2 Violence in our society is getting to the point where some people are urging Congress to ban civilians from owning guns. Congress passes such a law.

Second Amendment Right to bear arms Is there a limit? http://www.wjla.com/news/stories/1107/474241.html&h=240&w=320&sz=22&hl=en&start=12&um=1&tbnid=ORKv3YpTLdIwTM:&tbnh=89&tbnw=118&prev=

Hypo #3 Kim is accused of murdering Victor. At Kim’s trial, the jury found her “not guilty” because of a lack of conclusive evidence. Three months later, new DNA evidence proves that Kim was Victor’s killer. She is re-tried, convicted, and thrown in jail for life.

Double Jeopardy- Accused may not be tried twice for same crime Fifth Amendment Double Jeopardy- Accused may not be tried twice for same crime Accused does not have to testify “pleading the fifth” Due process- same fair rules in all cases Eminent domain- Gov’t can take your property, but must pay you http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html

Hypo #4 Jill carelessly her pail on top of Jack’s hill. Jack fell down and broke his crown, and sued Jill for $1000. The whole thing was caught on tape, so the judge decided to reward Jack the $1000 without wasting the time and money of a jury trial.

Seventh Amendment Trial by jury in lawsuits over money or property over $20

Hypo #5 The Federal government wants to build an interstate highway through your yard. Federal agents come to your house while you’re not home, pack up your stuff and knock the house down. They never pay you for the house or your property.

Eminent domain- Gov’t can take your property, but must pay you Fifth Amendment Double Jeopardy- Accused may not be tried twice for same crime Accused does not have to testify “pleading the fifth” Due process- same fair rules in all cases Eminent domain- Gov’t can take your property, but must pay you http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html

Hypo #6 After Michael Vick was arrested for his involvement in a dog fighting ring, the courts sentence him to be covered in steaks and thrown into a cage with angry, hungry pit bulls for one hour as part of his punishment.

Eighth Amendment Impose cruel and unusual punishment Judges cannot Order excessive bail Impose cruel and unusual punishment Cruel and unusual?

Hypo #7 President Obama is sick and tired of being made fun of in the newspapers. So he gets Congress to pass a law making it illegal to make fun of politicians in the newspaper.

1st amendment Freedom of speech, religion, press, assembly, petition http://www.ala.org/ala/oif/firstamendment/courtcases/courtcases.htm#fes Freedom of speech, religion, press, assembly, petition 1-Should a person be permitted to say anything at all about the government during wartime? 2-Should a newspaper that has received copies of secret government documents be allowed to publish them? 3-Should a group known for its anti-American statements be permitted to hold a rally?

Hypo #8 The Federal government has decided to save some money by closing military bases and barracks. President Obama calls you and says that two soldiers are going to be staying with your family for a while, even though you don’t want them there.

3rd Amendment Government can’t use private homes as military quarters

Hypo #9 Joe accuses Frank of stealing his autographed Paris Hilton poster. Joe goes to the police and tells them all about it. The police get a warrant from a judge to search Frank’s house but find nothing there. They decided to check Frank’s grandmother’s house next door and find it there. They arrest Joe.

4th Amendment Government officials cannot search property without a warrant

Hypo #10 The New York Board of Regents has decided to make passing an exam in underwater basket weaving a graduation requirement. The majority of Congress finds this to be rather silly, so they pass a law making it illegal to teach the subject anywhere in the country.

10th Amendment Any powers not specifically mentioned in the Constitution are delegated to the states “FEDERALISM” Medical marijuana in California… http://www.apfn.net/Messageboard/06-07-05/discussion.cgi.45.html

Hypo #11 Timmy arrested for stealing an Ipod. He asks for an attorney, and the police tell him there won’t be one available until tomorrow, and he is legally obligated to answer some questions about the incident. Timmy admits to the crime an hour later. This admission of guilt is the key evidence in convicting Timmy of robbery.

Sixth Amendment Right to a lawyer to defend you Accused does not have to testify “pleading the fifth”

Hypothetical 12 While on trial for causing $7000 to a hotel room, Charlie Sheen is asked to describe what happened. He replies, “My tiger blood tells me not to answer that.” The judge demands he answer the question…

Fifth Amendment Double Jeopardy- Accused may not be tried twice for same crime Accused does not have to testify “pleading the fifth” Due process- same fair rules in all cases Eminent domain- Gov’t can take your property, but must pay you http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html

Bill of Rights: 1st Amdmt: Freedom of Religion, Speech, Press, Assembly, and Petition 2nd Amdmt: Right to Bear Arms 3rd Amdmt: Soldiers Quartered in homes 4th: Gov’t needs a search warrant 5th: rights of accused criminals (Due process) 6th: rights of accused criminals 7th: rights in civil trials 8th: rights of accused and convicted criminals 9th: there are more rights not listed 10th: any powers not included in const. are given to states

The Bill of Rights Explain why the Bill of Rights were added to the Constitutionmin 1791 Identify the key INDIVIDUAL rights that are established by the Bill of Rights Explain why these rights need to be protected

Yes or No: 1-Should the government assist religious schools with money to buy textbooks? 2-Should a person be permitted to say anything at all about the government during wartime? 3-Should a newspaper that has received copies of secret government documents be allowed to publish them? 4-Should a group known for its anti-American statements be permitted to hold a rally?