U.S. Constitution: States, Amending, Federalism, and Ratification The States: Article IV States have the power to create and enforce their own laws. States must respect the laws and court decisions of other states. All states must return criminals who flee to their state. All states must have a representative form of government. U.S. Constitution: States, Amending, Federalism, and Ratification Amending: Article V and ½ of pg 5 Describes how to amend or change the Constitution. First the amendment must be proposed or introduced. Then, it must be passed. It takes 2/3 of both the House and Senate to proposed an amendment and ¾ of the states to ratify it. Supreme Law of the Land: Article VI (Supremacy Clause) Federalism is the idea that the national government shares power with the state governments. If state law disagrees with a federal law, federal law wins. Ratification: Article VII The US Constitution will not go into effect until 9 of the 13 colonies (states) ratified (approved) it. Gaining approval was not easy. When the founders agreed to add a Bill of Rights (first 10 amendments) it became easier to win approval. The Constitution was ratified in 1789. The Bill of Rights was added in 1791. Popular Sovereignty = People decide their form of government = “We the People………..”

US Supreme Court Checks and Balances Drug Tests: BofEd v Earls An outstanding high school student in OK challenged a district policy that required all students participating in extracurricular activities to be drug tested. She felt it violated her 4th Amendment rights. In a close decision, the court sided with the school district. It said, “a student’s privacy interest is limited in a public school environment, where the state is responsible for maintaining discipline, health, and safety. Cell Phones: Riley v CA A 19-year old San Diego man was stopped by police for a traffic violation. During the stop, police searched his car and smart phone which contained incriminating evidence. He was convicted of a crime, but it was reversed because his 4th Amendment rights had been violated. US Supreme Court Checks and Balances Prayer: Santa Fe v Jane Doe For years, every football game at Santa Fe HS started with a prayer over the public address system. Two families sued claiming the prayer violated their 1st Amendment right that prohibits establishment of a national religion. The Supreme Court agreed saying that a school-sponsored prayer is unconstitutional. However, students can pray in public as long as school staff is not involved. Censorship: Hazelwood v Kuhlmeier 3 HS juniors sued their school when the principal refused to publish articles in the school newspaper related to teen pregnancy and divorce. They claimed their 1st Amendment rights had been violated. The Court decided against the teens and said a school newspaper isn’t a public forum where anyone can express their opinion. It is a supervised learning experience that the school can control. The ruling is often used to justify censorship of yearbooks, graduation speeches, and school plays. Search: NJ v T.L.O A 14-year-old girl was caught smoking in the school bathroom. The principal searched her backpack and found marijuana. She sued claiming violation of her 4th Amendment rights. The Supreme Court sided with the school. They said school have the right to search students’ possessions (including backpacks and lockers) if there is reasonable suspicion that a law or school rule has been violated.