Date: November 13, 2013 Topic: The Electoral College, Bill of Rights, and Judicial Branch. Aim: How does the Constitution protect individual rights and freedoms? Do Now: Take out handouts from Friday.

How do the opinions of Gerry and Morris differ? Provide specific examples.

REPRESENTATION THERE WOULD BE GREAT OPPOSITION IN ALLOWING THE NATIONAL GOVERNMENT DECIDE A PRESIDENTIAL ELECTION. SOLUTION: HAVE EACH CANDIDATE WIN ELECTIONS WITHIN INDIVIDUAL STATES AND THEN HAVE EACH STATE CAST AN ELECTORAL VOTE FOR THE WINNING CANDIDATE, THAT WAY THE NATIONAL GOVERNMENT WOULD NOT BE DECIDING THE WINNER. How does this system reflect FEDERALISM?

FEAR FRAMERS DISTRUSTED THE PEOPLE AND BELIEVED THAT THE GENERAL PUBLIC DID NOT KNOW ENOUGH ABOUT CANDIDATES OR POLITICS TO CAST AN ADEQUATE VOTE. TO AVOID DISORDER IN AN ELECTION, A SYSTEM WAS CREATED TO KEEP THE GENERAL MASSES FROM DIRECTLY VOTING FOR THE PRESIDENT. SOLUTION: HAVE STATE ELECTORS CAST OFFICIAL VOTES FOR PRESIDENT AND VICE PRESIDENT AFTER THE POPULAR VOTE OCCURRED. APPOINTED ELECTORS WERE TO BE MEN OF CHARACTER WHO WERE KNOWLEDGEABLE ABOUT POLITICS AND WHO COULD AGREE UPON AND SELECT CANDIDATES WHO COULD REPRESENT THE MAJORITY OF THE PEOPLE AS A PRESIDENT. THIS WOULD COMPENSATE FOR THE PUBLIC’S GENERAL LACK OF AWARENESS. How does this FEAR demonstrate the overall feelings of the Founders toward the citizens? How does the Electoral College system impact the candidate’s campaign?

 5 Arguments for  1. When the winner of the Electoral College is not the candidate who received the most votes of the people, the new president will face questions about his legitimacy. 2. Most Americans believe that the person who receives the most votes should become president. Direct election is seen as more consistent with democratic principles than is the Electoral College system. 3. The Electoral College gives disproportionate weight to the votes of citizens of small states. For example, a vote by a resident of Wyoming counts about four times more--electorally--than a vote by a California resident. 4. If presidents were elected by direct popular vote, they would wage a campaign and advertise all across the nation, rather than (as they do in the Electoral College system) concentrating almost all of their time and effort in a handful of battleground states. The Electoral College system encourages candidates to pander to the interests of voters in a few closely contested states. 5. The Electoral College system, especially in a close election, is subject to the mischief that might be caused by disloyal--or even bribed--electors.

Article III – The Judicial Branch  Article III of the Constitution creates the Supreme Court and gives Congress the power to create lower federal courts.  The role of the Judicial Branch is to interpret the law.  In addition to the national court system, each of the 50 states has its own court system.  Federal Courts hear cases involving federal laws, treaties, maritime law, and interpretation of the Constitution.

Judicial Review  This power enables the courts to hear cases involving the application and interpretation of law.  Laws that are judged not keeping with the Constitution’s intent are declared unconstitutional and void.  The Supreme Court is the final voice in interpreting the Constitution.  The right of Judicial Review strengthened the power of the Judiciary against the other two branches of goverenment.  Marbury v. Madison (1803) establshed Judicial Review.

WHY ARE THE BILL OF RIGHTS SIGNIFICANT?