The Constitution of the United States of America

The Constitution The Constitution contains 4,543 words, including the signatures and has four sheets It contains 7,591 words including the 27 amendments. The Constitution was ratified on December 1787

Why Does the Constitution Matter? Constitution – body of fundamental laws which say how a government is to operate It is the supreme law of the land It explains how the government works It protects your civil rights

A Brief Outline The Preamble – lays out the purpose and introduces the Constitution The Articles – the substance of governmental law The Amendments Uncle Sam needs you to study harder!

The Seven Articles I. The Legislative Branch II. The Executive Branch III. The Judicial Branch IV. Relations Among States V. The Amendment Process VI. National Debts, National Supremacy, Oaths of Office VII. Requirements for Ratification

The Six Basic Principles of the Constitution 1. Popular Sovereignty – supreme power rests with and only with the people Some parts of the Constitution mitigate popular sovereignty Electoral College chooses the president, not popular vote State Legislatures chose the Senate, not popular vote Later changed to direct popular election by 17th Amendment

The Six Basic Principles of the Constitution 2. Limited Government Also called constitutionalism, and rule of law Government is not all-powerful Powers government has and doesn’t have are listed

The Six Basic Principles of the Constitution 3. Separation of Powers U.S. uses a presidential government, where the executive and legislative branches are chosen separately Each branch has its own powers and responsibilities

The Six Basic Principles of the Constitution 4. Checks and Balances Each branch is not totally independent of the others

The Six Basic Principles of the Constitution 4. Checks and Balances They have powers to override each other when necessary

The Six Basic Principles of the Constitution 5. Judicial Review Courts may determine whether or not what the President or Congress does is Constitutional

The Six Basic Principles of the Constitution 5. Judicial Review If court declares an act unconstitutional, the act is not a law, and the decision cannot be overridden

The Six Basic Principles of the Constitution 6. Federalism The national government is given certain powers by the Constitution Whatever is left is a power for the states to use

The idea: Limited Government Q: To what extent should the federal government be involved in economic issues? Position A: The federal government's powers over taxation as well as international and interstate trade allow significant latitude (POWER) in directing economic policy. Position B: The federal government should only act to remedy unfavorable economic conditions for business activity. EX: Should the Government implement rent control and does it even have that power? https://www.youtube.com/watch?v=JIZRBkLiYBg https://www.youtube.com/watch?v=_ydqK7RVa0c https://www.youtube.com/watch?v=JIZRBkLiYBg https://www.youtube.com/watch?v=_ydqK7RVa0c

The idea: Judicial Review Question: What should be the role of the courts in determining public policy? Position A: Public policy should always be reviewed by the courts to determine constitutionality. Position B: Public policy should be created by officials who are most informed about the issues involved. Ex: Florida’s Governor Scott’s call to raise the minimum age to buy all guns/rifles to 21 https://www.youtube.com/watch?v=jUeHEgG_btQ https://www.youtube.com/watch?v=jUeHEgG_btQ

The idea: Federalism Question: How should power be divided between the federal government and the states? Position A: The Federal government should retain the most power because it is best positioned to insure fair treatment, safety and equal protection for all Americans. Position B: The states should retain the most power because they are closer to the people, better informed on local issues and best positioned to exercise authority for their residents. Ex: Do the school officials have the right to determine the presence of guns? https://www.cnn.com/2018/02/23/health/texas-guns-school-district-trnd/index.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_latest+%28RSS%3A+CNN+-+Most+Recent%29 https://www.cnn.com/2018/02/23/health/texas-guns-school-district-trnd/index.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_latest+%28RSS%3A+CNN+-+Most+Recent%29

The idea: Checks and Balances Question: When the President makes a nomination, what should be the nature of the Senate's "advice and consent?" Position A: The Senate should defer to the President's choice of who he wants working under him. Position B: It is the Senate's duty to make an independent judgment of a nominee's suitability for a position serving the American people, even if that means denying the President his choice. EX: How much flexibility should the President be allowed in nominating judges? https://www.youtube.com/watch?v=RHhGDBEiBWg https://www.nbcnews.com/politics/white-house/kushner-security-clearance-downgraded-n851746 https://www.youtube.com/watch?v=RHhGDBEiBWg

Ex. Congress approved Russian sanctions not being implemented The idea: Separation of Powers Question: Once Congress declares war and the President assumes the role of Commander-in-Chief who decides how the war ends? Position A: Congress, the policy making branch which represents the people, should determine peace terms. Position B: The President as Commander-in-Chief is in the best position to determine appropriate actions. Ex. Congress approved Russian sanctions not being implemented https://www.youtube.com/watch?v=OSQEf5Id8XQ https://www.youtube.com/watch?v=OSQEf5Id8XQ

The idea: Popular Sovereignty Question: Should voter ballot initiatives be allowed to overturn laws passed by legislative bodies? Position A: Yes; ballot initiatives allow voters to directly participate in their government. Position B: No; voters already express their views through election of public officials. Ex. Are the voters views being expressed through this law and is not saggy pants a form of expression thus a violation of a persons freedom of speech? https://www.youtube.com/watch?v=NUEXUp_dDyk https://www.youtube.com/watch?v=NUEXUp_dDyk

The First Ten Amendments…

These are awesome! And you get to memorize them! The Bill of Rights These are awesome! And you get to memorize them!

The 1st Amendment Freedom of Religion Freedom of Speech Establishment Clause – government cannot establish a religion Free Exercise Clause – government cannot prohibit you from practicing religion Freedom of Speech Freedom of the Press Right to Assembly Right to Petition

The 2nd 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 3rd Amendment No Quartering of Soldiers in Times of Peace

The 4th Amendment Protection Against Unreasonable Search and Seizure Warrants Probable Cause

Announcement Next week there will be a test on Tuesday/Wednesday over the first 9 Amendments.

EQ How does our legal system honor our constitutional rights of due process?

Justice vs Legal system Remember we function in a legal system, with specific procedures (Due Process)

The 5th Amendment No Double Jeopardy (Can’t be charged with the same crime twice) Right to a Jury Protection against self-incrimination Guarantee of Due Process of Law

The 6th Amendment Right to a Criminal Trial by “Impartial” Jury Trial must be speedy, public Must be in the state where the crime was committed Right to legal counsel Right to call witnesses favorable to the defendant

The 7th Amendment Right to a Civil Trial by Jury Civil – not criminal, typically a lawsuit for money or to repeal a government action

The 8th Amendment Protection Against Cruel and Unusual Punishment

The 9th Amendment-specifically enumerated in the Constitution Rights Retained by the People In other words, just because a right isn’t listed here in the Constitution doesn’t mean that people don’t have that right Ex. Right to Travel

12 Angry Men Complete the guide as we watch the movie 12 Angry Men. Part of the Vocab will be on your test next Tuesday. https://gloria.tv/video/kBtf4SFf7irr6fpWUZSNj3HJQ https://archive.org/details/12AngryMen1957# https://vimeo.com/210077571 https://archive.org/details/12AngryMen12HombresEnPugnaPelicula1957

12 Angry Men Evidence Guilty Not Guilty Other Factors to Contribute:

The Plea Often the ideal vision and intent of our legal system does not mirror the reality and raises questions regarding due process under the law. As you watch the video complete the questions. Need only to watch the first 30 minutes http://video.pbs.org/video/2216784391/

The Case of Affluenza You have been selected to be part of a trial As you watch the case create a T-Chart and on one side create one like the previously shown T-Chart. https://www.youtube.com/watch?v=bJCO1Yye050

Key Parts of Article I Section 8 List of all expressed powers Congress has Also includes the “necessary and proper” clause Gives Congress additional “implied powers” Section 9 Prohibits certain actions Congress may take No ex post facto laws – punishment for doing something before it was illegal No suspension of habeas corpus – the right to challenge one’s own detention in court

Read the two articles on our web-site Executive order Travel Ban Read the two articles on our web-site Executive order Executive order 2 What is an Executive Order?

What is an Executive Order? Basically, an executive order is an official statement from the president about how the federal agencies he oversees are to use their resources.

It falls under the broader umbrella of “executive actions,” which derive their power from Article II of the Constitution, and it is the most formal executive action.

An executive order is not the president creating new law or appropriating new money from the U.S. Treasury — both things that are the domain of Congress; it is the president instructing the government how it is to work within the parameters that are already set by Congress and the Constitution

Important note: Because it is not a law, a Presidential Executive Order is only in place as long as that President is in office.

Post Test Activity-grab a computer Visit Class website and click on the link (list of current orders/memorandum/proclamations) Choose 3 and answer the following questions for each. What is the intent of the order/memorandum/proclamation? What maybe some unforeseen benefits, problems or consequences? Do you support or disagree with the President on the issue?

Key Parts of Article II Section 2 President can appoint people to many positions Must have “advice and consent” of the Senate Senate takes a majority vote to confirm appointments Section 4 Can only be removed by impeachment for “high crimes and misdemeanors”

Key Parts of Article IV Section 1 – Full Faith and Credit Clause States must grant each other “full faith and credit” on “public acts, records, and judicial proceedings” Means legal decisions of states must be respected and held to by other states Section 2 – Privileges and Immunities Clause States must grant residents of other states all “privileges and immunities” they give to their own residents

Article V - Formal Amendment Process Step 1 – Must Be Proposed (happens at the national level) Step 2 – Must Be Ratified (happens at the state level) This is a reflection of federalism

2 Ways to Propose an Amendment 1. 2/3 vote in both houses of Congress All 27 Amendments were proposed this way 2. Constitutional Convention requested by 2/3 of the states Has not ever been used

2 Ways to Ratify an Amendment 1. 3/4 of state legislatures approve it 26 of the 27 Amendments were ratified this way 2. 3/4 of conventions called by the states approve it Only the 21st Amendment was ratified this way

Key Parts of Article VI Section 2 – Supremacy Clause Federal laws are always supreme over state laws, U.S. Constitution is supreme over all state constitutions

The 10th Amendment Powers Reserved for the States All powers that are not given to the national government are reserved for the states

The politics of gun rights and gun control Create a T chart and on one side write down the position for those who defend the right to bear arms and those who want to regulate arms. Write down evidence that each could use to justify their position What is one thing you would like to see regards gun regulation if any?

Informal Amendments The vast majority of changes to the Constitution have not changed the words in the Constitution

Basic Legislation Congress’ laws provide specific details about the vague purposes and ideas in the Constitution

Basic Legislation Congress also changes its own powers over time, based on the words of the Constitution Result of “Necessary and Proper” Clause

Executive Action Presidents are always looking for ways to stretch and grow their powers Thus, presidents today are much more powerful than in the past

Court Decisions Since Marbury v. Madison, the court has had the power to declare acts of the president and Congress unconstitutional

Court Decisions This power is called judicial review, and the court uses it to tell us what they interpret the Constitution to mean

Party Practices Political parties did not exist at the nation’s start, but they have become an almost necessary element

Party Practices The electoral college used to decide together who would be the president. Now, they just “rubber stamp” the choice of voters

Custom Many customs have developed that we follow just as strongly as laws Senatorial Courtesy – when nominating a judge, the president always asks the permission of the two Senators from the judge’s state Cabinet – 15 advisors for the president are not in the Constitution