Bill of Rights & Constitution (Cont.) I.Intro II.Bill of Rights A.1 st = Five Freedoms B.2 nd Amendment C.Due Process 4th, 5th, 6th, 8th III.Constitutional Convention A.Controversy & Compromise 3.Presidential/Electoral Compromise Key Terms Establishment Clause Libel Slander Electoral College

2008/better-know-a-district---lynn-westmoreland-update

Bill of Rights How Have They Been Interpreted?

Bill of Rights First 10 Amendments to the US Constitution

Amendment #1 Five Freedoms (these rights are protected): – Speech – Press – Religion – Peacefully assemble – Complain

Limits to First Amendment (And all other rights) No Single Right is Absolute! Freedom for an individual ends when their actions trample on the rights of others

Amendment #1 Five Freedoms (these rights are protected): – Speech – Press – Religion – Peacefully assemble – Complain

Do you support a constitutional amendment allowing for prayer in schools? Support53.9% Undecided 15.4% Opposed26.9% Source: 6/10 Student Survey at WSCC

Amendment #1 (Religion) Establishment Clause Separation of Church & State = The Government cannot force people to follow one religion Thomas Jefferson

Amendment #1 (Religion) Free Exercise Clause Allows people to practice their religion with little government involvement Some practices are prohibited Joseph Smith; founder of LDS (Mormon) Church

Amendment #1 (Speech) Free Speech No right to yell “Fire” in movie theater Slander: an oral statement damaging to a victim

Amendment #1 (Press) Freedom of the Press Libel: a written statement damaging to a victim

Amendment #1 Five Freedoms (these rights are protected): – Religion – Speech – Press – Peacefully assemble – Complain July 4 Parade in Ludington

2 nd Amendment Bottom Line Individuals have the right to keep and bear arms That right can be regulated by the states and federal government June 2008 Supreme Court Ruling

Do you think owners of handguns should be required to register them? Support80.8% Undecided 3.9% Opposed11.5% Source: 6/10 Student Survey at WSCC

The Federal government needs to do more to control the sale of handguns. I agree 38.5% I am undecided26.9% I am opposed23.1% Source: 6/10 Student Survey at WSCC

4 th Amendment (Due Process) People have the right to privacy in their homes; unreasonable searches are prohibited To search, the Police need: – Probable cause – Search Warrant with a list of items

5 th Amendment (Due Process) For major crimes a Grand Jury investigates charges Accused cannot be forced to incriminate themselves Property cannot be taken without due process; nor without fair compensation for public use Provides protection against double jeopardy

5 th Amendment (Due Process) Hollywood’s version...

6 th Amendment (Due Process) Defendants have the right to: a speedy trial, with a jury of their peers in the area where the crime was committed question accusers & bring witnesses in their defense an attorney –One is provided if a defendant faces jail time & cannot afford one

Guantanamo Bay Anniversary (January 2007) videos/80783/january /happy-anniversary-guantanamo

8 th Amendment (Due Process) No cruel or unusual punishment is allowed; no torture. The punishment must fit the crime.

Do you support the Death Penalty? I agree 61.5% I am undecided15.4% I am opposed19.2% Source: 6/10 Student Survey at WSCC

Bill of Rights How Have They Been Interpreted?

Some Problems With the Articles of Confederation 1.Each state had one vote (regardless of its population); to amend Articles unanimous support was needed Articles of Confederation 2.There were neither Executive nor Judicial Branches 3.The national government did not have the power to tax; states could coin own money & conduct foreign policy

Controversy: Representation in Congress Virginia Plan (Madison) 1.Eliminate the Articles of Confederation 2.Separate the National Government into three branches: Legislative (most powerful), Executive & Judicial James Madison 3.Representation in the Legislative Branch would be determined entirely by a state’s population

Solution = Great Compromise (Franklin) LegislativeExecutiveJudicial House of Representatives Based on population Senate Two for each state

Controversy: How to Count Slaves? Solution = 3/5 Compromise One slave is equal to 3/5 of a person when determining a state’s population Torture Mask

Controversy: Chief Executive LegislativeExecutive (President) Judicial House of RepresentativesHow to choose? Electoral College Senate

Two Key Concepts: How The Electoral College Works 1.In order to win a Presidential election a candidate must win a majority of electoral votes (270). 2.The candidate who wins the most popular votes in a state wins ALL of that state’s pledged electoral votes.

MICHIGAN’S ELECTORAL VOTES 15 Members of the US House of Reps 2 _US Senators 17 Electoral Votes The Electoral College & The States (Michigan as an example)

Michigan’s 15 Congressional Districts Each district represents about 650,000 people

STATE Alabama99 Alaska33 Arizona810 Arkansas66 California5455 Colorado89 Connecticut88 Delaware33 WA DC33 Florida2527 Georgia1315 Hawaii44 Idaho44 STATE Illinois2221 Indiana1211 Iowa77 Kansas66 Kentucky88 Louisiana99 Maine44 Maryland10 Massachusetts12 Michigan1817 Minnesota10 Mississippi76 Distribution of Electoral Votes

STATE Missouri11 Montana33 Nebraska55 Nevada45 New Hampshire44 New Jersey15 New Mexico55 New York3331 North Carolina1415 North Dakota33 Ohio2120 Oklahoma87 Oregon77 STATE Pennsylvania2321 Rhode Island44 South Carolina88 South Dakota33 Tennessee11 Texas3234 Utah55 Vermont33 Virginia13 Washington11 West Virginia55 Wisconsin1110 Wyoming33 Distribution of Electoral Votes

Electoral College Michigan and the Presidential Election of 2008 CandidatePopular Vote Obama57% McCain41% Others 1% So, Barack Obama received ALL 17 of Michigan’s pledged electoral votes.

Presidential Election Results 2008 Election: US Results CandidateElectoral VotePopular Vote* Obama % McCain % Others 0 1% * Voter turn-out was VERY high: about 136 million 64% of eligible voters

Other Presidential Election Results 2000 Election CandidateElectoral VotePopular Vote* Bush271 48% Gore % Others 0 4% * Gore received about 500,000 more popular votes.

Other Presidential Election Results 1860 Election (156 = Majority) CandidateElectoral VotePopular Vote Abraham Lincoln % Stephen Douglas % John Breckenridge %

If no candidate wins a majority of the Electoral Votes, then: 1.The US House of Representatives chooses the next President among the top three finishers 2.The US Senate chooses the next Vice President among the top two finishers for VP Electoral College

Bill of Rights & Constitution (Cont.) I.Intro II.Bill of Rights A.1 st = Five Freedoms B.2 nd Amendment C.Due Process 4th, 5th, 6th, 8th III.Constitutional Convention A.Controversy & Compromise 3.Presidential/Electoral Compromise Key Terms Establishment Clause Libel Slander Electoral College