Mr. Calella Constitutional Law U.S. Constitutional Principles

Opening Discussion Questions Take a few minutes to discuss the following questions with a partner and jot down some of your thoughts for a class discussion… Take a few minutes to discuss the following questions with a partner and jot down some of your thoughts for a class discussion… 1. What is a constitution? Purpose? 2. Why are constitutions written? 3. How should institutions of gov’t be organized? 4. Why has the U.S. Constitution endured?

Constitutional Principles

Popular Sovereignty Preamble of the Constitution expresses idea that source of power rests with the people (“We the People”) Preamble of the Constitution expresses idea that source of power rests with the people (“We the People”) Examples Examples Vote for representatives Vote for representatives Indirect vote for president-Electoral College Indirect vote for president-Electoral College

Limited Government 1 st and oldest written constitution in the world 1 st and oldest written constitution in the world Designed to prevent tyranny experienced under British rule, which had an unwritten, open-ended constitution Designed to prevent tyranny experienced under British rule, which had an unwritten, open-ended constitution You limit the the government’s powers by stating its powers You limit the the government’s powers by stating its powers Show YouTube video from Bill of Rights Institute – “The Rule of Law” (in “Law” folder) Show YouTube video from Bill of Rights Institute – “The Rule of Law” (in “Law” folder) What does the phrase “the rule of law” mean in your own words?-Discuss What does the phrase “the rule of law” mean in your own words?-Discuss

Federalism With failure of the Articles of Confederation (1 st Const.), framers tried to balance centralized authority with state sovereignty With failure of the Articles of Confederation (1 st Const.), framers tried to balance centralized authority with state sovereignty States needed to sacrifice some of their sovereignty for the sake of national unity States needed to sacrifice some of their sovereignty for the sake of national unity FEDERALISM-Division of power between federal and state governments FEDERALISM-Division of power between federal and state governments Constitution enumerates federal power Constitution enumerates federal power 10 th Amendment-all other powers belong to states 10 th Amendment-all other powers belong to states Supremacy Clause (Art. VI)-Constitution and all federal laws are supreme to state laws if there is conflict Supremacy Clause (Art. VI)-Constitution and all federal laws are supreme to state laws if there is conflict

Separation of Powers Government divided into 3 branches: legislative (Art. I), executive (Art. II), and judicial (Art. III) Each branch has specific powers but must work with others for government to function

Separation of Powers (cont.) Framers took idea from Enlightenment philosophers Framers took idea from Enlightenment philosophers Used to avoid tyranny-you make something less powerful by dividing it up Used to avoid tyranny-you make something less powerful by dividing it up Congress is further divided into 2 houses (Senate and House of Representatives) Congress is further divided into 2 houses (Senate and House of Representatives)

Checks and Balances Prevents one branch from becoming more powerful than the others Prevents one branch from becoming more powerful than the others Branches have ways of checking and balancing the power of the others Branches have ways of checking and balancing the power of the others Open document on wiki “Powers of the 3 Branches” and have pg. 63 open on e- book-PLAY “CLAIM YOUR POWERS!” Open document on wiki “Powers of the 3 Branches” and have pg. 63 open on e- book-PLAY “CLAIM YOUR POWERS!” Must separate into 6 teams (Congress 1, Congress 2, Executive 1, Executive 2, Judiciary 1 and Judiciary 2) Must separate into 6 teams (Congress 1, Congress 2, Executive 1, Executive 2, Judiciary 1 and Judiciary 2) 10 Class Participation points on the line! 10 Class Participation points on the line!

The U.S. Constitution

Preamble to the Constitution Access the U.S. Constitution on your iPads and read the Preamble Access the U.S. Constitution on your iPads and read the Preamble Why do you think a preamble was included? Purpose? Why do you think a preamble was included? Purpose? What does it mean today? In pairs come up with modern day examples for the following: 1)establish justice, 2) ensure domestic tranquility, 3)provide for common defense, 4)promote the general welfare, 5)secure blessings of liberty to ourselves and our posterity. Use Ipads! What does it mean today? In pairs come up with modern day examples for the following: 1)establish justice, 2) ensure domestic tranquility, 3)provide for common defense, 4)promote the general welfare, 5)secure blessings of liberty to ourselves and our posterity. Use Ipads! Watch YouTube video-”The Preamble” Watch YouTube video-”The Preamble”

Article I (Congress)

Art. I, Sec. 1: Congress 1 st article to stress importance 1 st article to stress importance Branch that directly represents/responds to the people Branch that directly represents/responds to the people Show video on YouTube-”Representative Government”-See next slide for activity Show video on YouTube-”Representative Government”-See next slide for activity

Dialectical Journal 1 quote or scene you want to expand on 1 quote or scene you want to expand on Analyze, Evaluate, or Interpret it Personal connection, ask a High Level question, or make a prediction

Two Houses of Congress Art. I, Sec. 2: House of Representatives Elected every 2 years Reflect concerns and feelings of the people Representation depends on population (at least 1) Power to impeach (bring charges) Art. I, Sec. 3: Senate Elected every 6 years Provide stability in this branch of government Each state has 2 Senators Becomes the jury for an impeachment trial (removal)

Activity: Who are your Reps? In pairs, choose one of your Senators or the rep in your district and answer the following questions by visiting their website In pairs, choose one of your Senators or the rep in your district and answer the following questions by visiting their website 1)Name? 2)Party? 3)When elected? 4)Is he more likely than not to agree with the President’s policies, explain? 5)Choose 3 issues affecting the country and/or New Jersey and explain his stance on each. 6) Based on what you found out, explain in 1 paragraph why you would or would not vote this person next election. 1)Name? 2)Party? 3)When elected? 4)Is he more likely than not to agree with the President’s policies, explain? 5)Choose 3 issues affecting the country and/or New Jersey and explain his stance on each. 6) Based on what you found out, explain in 1 paragraph why you would or would not vote this person next election.

Art. I, Sec. 7: How a bill becomes law Watch YouTube video-”Just a Bill” Watch YouTube video-”Just a Bill” See flow chart on wiki page See flow chart on wiki page(gcalella.wikispaces.com)

Art. I, Sec. 9: Powers Denied to Congress CONGRESS MAY NOT CONGRESS MAY NOT Suspend Writ of Habeas Corpus Suspend Writ of Habeas Corpus Pass Bills of Attainder Pass Bills of Attainder Pass Ex Post Facto Laws Pass Ex Post Facto LawsACTIVITY *In pairs, go to wiki and then to Law Dictionary link *Find and write the definition for each of the 3 terms *Write a hypothetical scenario for each of the 3

Art. I, Sec. 8: Powers of Congress Taxation (pay for “common defense” and to ensure “general welfare”) Taxation (pay for “common defense” and to ensure “general welfare”) Credit Credit Interstate and international commerce Interstate and international commerce Naturalization Naturalization Patents and copyrights Patents and copyrights Lower federal courts Lower federal courts Declare war Declare war Maintain military Maintain military Elastic Clause Elastic Clause

Activity: SOPA Go to Wiki page and click on link for SOPA Activity Go to Wiki page and click on link for SOPA Activity In pairs, read the articles (all linked to the site) and answer the 6 questions that follow In pairs, read the articles (all linked to the site) and answer the 6 questions that follow We will have a class discussion on these issues in 30 minutes We will have a class discussion on these issues in 30 minutes