Constitutional Convention 1787 Interests at stake: Issue: Resolution: Big vs. Small State Representation in Congress Proportional representation in House Equal representation in Senate Slave vs. Non-Slave State Size of population in determining proportional representation (for the House of Reps) - 3/5 Compromise - International Slave Trade ends in 1808 Strong vs. Weak Government - Preventing one branch from dominating the other. - Preventing the federal government from dominating state governments Separation of powers Federalism Check and balances

FEDERALISTS ANTI-FEDERALISTS Feelings about the SECOND DRAFT (Constitution): Supported the Constitution Opposed the Constitution Major Argument(s): Any government could become oppressive, but with its checks and balances and division of power, the Constitution made political tyranny almost impossible. There needs to be a Bill of Rights! Felt that it made the national government too strong and the states too weak. Key Figures: James Madison Alexander Hamilton Patrick Henry

Top of page 7

Branch Comprised of… Term Limits Responsibilities Powers Legislature House of Reps.: # of reps. per state is based on the population of the state 2) Term = 2 years Senate: 2 Senators per state Term = 6 years Makes the laws To lay and collect taxes To declare war Clause 18 gives Congress the power to make laws as needed – sometimes called the elastic clause Executive Term = 4 years Amendment 22 – no President may serve more than two terms. Carries out the laws Head of the armed forces Power to grant pardons Appoint ambassadors Veto or approve bills Judicial A justice serves for life. Interprets the laws Judicial Review – power of the Supreme Court to decide whether acts of a President or laws passed by Congress are constitutional (Marbury vs. Madison)

How did the framers of the Constitution guard against tyranny?

Constitutional Principle How does this principle guard against tyranny? Example of this principle in action: Popular Sovereignty The government serves the people – the people have the final authority in government. The people elect public officials by voting in free and frequent elections. Limited Government The people limit the power of the government by spelling out with the government may not do Bill of Rights Separation of Powers Separate of divide power between 3 branches each with their own responsibilities and powers Federalism Power is divided equally between the states and the national government Checks and Balances Each branch of the federal government has some way to check, control, the other two branches. Passing a law

Overview of the Supreme Court The Supreme Court is a part of what branch of government? What is the name of the head of the U.S. Supreme Court? How does one become a member of the Supreme Court? What types of cases does the Supreme Court hear?

Overview of the Supreme Court The Supreme Court is a part of what branch of government? ANSWER: Judicial Branch 2) What is the name of the head of the U.S. Supreme Court? ANSWER: Chief of Justice How does one become a member of the Supreme Court? ANSWER: The President of the U.S. appoints a new nominee BUT Congress must approve of his (or her) nominee = Checks and Balance What types of cases does the Supreme Court hear? ANSWER: The Supreme Court hears cases that have been tried and appealed as far as law permits in lower courts. The Supreme Court hears only issues about the Constitution, federal law, or treaties.

FIRST AMENDMENT (FREE SPEECH, PRESS, RELIGION) Court Case: Decision: Right and/or group directly affected: Schenck v. United States (1919) that Schenck’s protests against US involvement in WWI were a “clear and present danger” to the United States Freedom of speech (First Amendment) Tinker vs. Des Moines The wearing of black arm bands was protected by the Constitution. Students enjoy protection of the Bill of Rights unless their actions materially disrupt the educational environment. - The rights of students in school New York Times Co. v. United States (1971) The Court ruled that the papers did not violate national security and therefore the newspapers had the right to publish them.. Freedom of the press

SLAVERY/RIGHTS FOR AFRICAN-AMERICANS Court Case: Decision Group directly affected: Dred Scott v. Sanford (1857) that blacks were not citizens and that slaves were property and could be taken anywhere, regardless of a state’s status as free or slave holding. Enslaved men and women and free blacks Plessy v. Ferguson (1898) established that “separate but equal” facilities were legal (thereby upholding the Jim Crow laws of Southern states) African-Americans Brown vs. Board of Education Topeka (1954) one of the most celebrated cases, the court struck down separate but equal and ordered integration in the nation's schools with "all deliberate speed." African-Americans – rights of ethnic minorities

RIGHTS OF THE ACCUSED (a person ACCUSED of a crime) Court Case: Decision Group directly affected: Mapp v. Ohio (1961) right against illegal search and seizure a person accused of a crime Gideon v. Wainwright (1963) right to counsel Miranda v. Arizona (1966) established a suspect’s right to be informed of his or her rights * All of these cases were decided when Earl Warren was acting Chief Justice (Warren Court) - expansion of individual rights in criminal cases

Supreme Court Decisions Under Chief Justice JOHN MARSHALL (1801-1835) Court Case: Decision: Constitutional Concepts Enduring Issues: Marbury vs. Madison (1803) JUDICIAL REVIEW! Judicial Review/Separation of powers McCulloch v. Maryland (1819) John Marshall declares "the power to tax is the power to destroy." The Supremacy Clause of the Constitution prohibits state taxation of a federal institution. Judicial Review; Federalism Gibbons vs. Ogden (1824) Congress has the authority to regulate Interstate Commerce Judicial Review/Federalism If you see… John Marshall Answer: Either he expanded the power of the federal government, or judicial review

Chief Justice John Marshall is a MAD MAN Marbury v. MADison (1803 – same yr as Louisiana Purchase) Supreme Court power to decide whether laws passed by Congress were constitutional or unconstitutional = JUDICIAL REVIEW - Marshall was the MAN for strengthening the power of the U.S. Supreme Court

Supreme Court Decisions Under Chief Justice EARL WARREN (1953-1969) Key Influence: active in expanding the rights of the accused Court Case: Decision: Group directly affected: Brown vs. Board of Education (1954) Segregation in public schools in unconstitutional African-Americans and ethnic minorities Gideon vs. Wainwright (1963) the right to an attorney. Accused persons Miranda vs. Arizona (1966) established a suspect’s right to be informed of his or her rights

Key Terms for Thursday (Quiz #2) 1. Plessy v Ferguson (1896) 2 .Brown v Board of Education Topeka Kansas (1954) 3. Dred Scott v Sanford (1857) 4. Tinker v Des Moines School District (1969) 5. Roe v Wade (1963) 6. Miranda v Arizona (1966) 7. Mapp v Ohio (1961) 8. Gibbons v. Odgen(1824) 9. Marbury v. Madison(1803) 10. New York Times Co v. United States (1971) * Complete pages 9 and 10 in Review Packet

TO STUDY FOR THE REGENTS