1. 11 th Grade United States History Mr. Weber CSULA Chemistry Bungalow September 22, 2008

2. Activator (discuss then write)  1. Should the federal government have the power to override the laws of states? --Always, sometimes, never… -- If so, when and why? Explain…  2. Should religion be allowed in schools? What about school prayer? -- Always, sometimes, never… -- If so, when and why? Explain…

3. Agenda  Activator, Agenda, Objective (10 min.)  Structure of the Federal Government (15 min.)  Checks and Balances  Supreme Court – Federal vs. State authority notes (15-20 min.)  Textbook Theatre (30 min.)  1 st Amendment: Separation of Church and State debate (30 min.)

4. Objective: You will…  11.1.3 Understand the history of the Constitution after 1787 with emphasis on federal versus state authority and growing democratization.  11.3.5 Describe the principles of religious liberty found in the Establishment and Free Exercise clauses of the 1 st Amendment, including the debate on the issue of separation of church and state.

5. Structure of the Federal Government  Separation of powers into 3 branches: Executive (President) Legislative (Congress: House of Reps. And Senate) Judicial (Supreme Court judges).  Checks and Balances (See chart) Schoolhouse Rock

7. Major Tensions:  Federal vs. State authority Does the federal government have the power to override the laws of the states? When and why?  Separation of Church and State Should the new nation be a Christian republic? “One nation under God…” “In God we trust…”

8. Supreme Court: The Marshal Court  Federalist judge John Marshall served on Supreme Court 1801-1835.  Shaped the interpretation of the Constitution and the balance of power in the new Federal government.  Repeatedly ruled that federal government has power to override state’s laws.  Extended power of Supreme Court.

9. Marshall Court Rulings  Marbury vs. Madison (1803) -- Ruling created judicial review. Judicial review is the power of the Supreme Court to cancel acts of the executive or legislature if deemed “unconstitutional.”  McCulloch vs. Maryland (1819) – Ruling created implied powers. State of Maryland tried to get in way of U.S. bank. Implied powers is that the federal government has powers not specifically listed and that states can not block.  Gibbons vs. Ogden (1824) -- Ruling established federal government as supreme law of the land. Federal government can overturn state law if deemed unconstitutional.  Worcester vs. Georgia (1832) -- Ruling that the state of Georgia could not remove Cherokees because it violated their sovereignty. Federal government not states have right to deal with independent Native American nations.

10. Comprehension check:  Make the chart below in your notebooks and fill it in: Supreme Court Case: Ruling:Advantage Federal Gov. or State? 1. 2. 3. 4.

11. 1st Amendment  1. What is it?  2. Why is Freedom of Religion listed first?  3. What is the separation of church and state?  4. Why would this be necessary?  5. What is the controversy over prayer in schools?

12. Prayer in Schools (video clip)

13. Case study for Separation of Church and State  School prayer class argument.  Everyone stand up.  Divide into two groups on either side of the room.  Shout your bullet point at the opposing side.  Other side reply “Oh yeah?!”  Then shout a bullet point back.

14. Exit ticket:  1. What was the most important thing that the Marshall court did in all those rulings?  2. Does school prayer violate the separation of church and state? What is the best argument in support of your position? What is the best argument against your position?