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U.S. Constitution/ Government Unit. How to Read the Constitution The Constitution is organized into 3 basic parts. -U.S Constitution (Think of this as.

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Presentation on theme: "U.S. Constitution/ Government Unit. How to Read the Constitution The Constitution is organized into 3 basic parts. -U.S Constitution (Think of this as."— Presentation transcript:

1 U.S. Constitution/ Government Unit

2 How to Read the Constitution The Constitution is organized into 3 basic parts. -U.S Constitution (Think of this as a book) - Articles (Chapters in that book) - Sections (Pages in the chapter) - Clauses (Paragraphs on the page) Example ARTICLE I: Legislative Branch Section 1. Legislative powers; in whom vested All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. House of Representatives, how and by whom chosen Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment. 1.The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the elector in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. 2.2. No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 2

3 How to Read the U.S. Constitution Article I, Section 2, Clause 1 Or I-2-1 Example ARTICLE I : Legislative Branch Section 1. Legislative powers; in whom vested All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. House of Representatives, how and by whom chosen Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the elector in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. 2. No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3

4 How to Read the Constitution 7 Articles of the Constitution- Write this on the back of your packet Article I- Legislative Branch (Congress) Article II- Executive Branch (President) Article III- Judicial Branch (Supreme Court) Article IV- Relations among the states Article V- How to amend (change) the Constitution Article VI- Supremacy of National Law, Oath of Office, National Debt Article VII- Ratification of the Constitution 4

5 LG and Scale Reading a document/ written text 4321 In addition to a 3, you were able to apply your prior knowledge of how other written texts presents information and how this allows you to find information. You understand how a document (written text) presents information and how this allows you to find information. You partially understand how a document (written text) presents information and how this allows you to find information. You don’t understand how a document (written text) presents information and how this allows you to find information. You understand how a document (written text) presents information and how this allows the reader to find information.

6 Constitution Scavenger Hunt Use you History Text p. 266-297. A-B work together C-D work together Due end of class.

7 Start Learning Goal 9 4321 In addition to a 3 student was able to explain and analyze the principles on which the U.S. Constitution was founded. Student was able to explain the principles on which the U.S. Constitution was founded. Student was able to identify the principles on which the U.S. Constitution was founded. Students was able to partially identify the principles on which the U.S. Constitution was founded. Learning Goal 9: Students will be able to explain the principles on which the U.S. Constitution was founded. - federalism (i.e., enumerated, reserved, and concurrent powers) - popular sovereignty - separation of powers - individual rights - checks and balances - limited government - flexibility (i.e., Elastic Clause, amendment process, living constitution) - republicanism - Supreme Law of the Land Scale:

8 LG 9- Principles of the U.S. Constitution Text 260-265 1.Popular Sovereignty- The people rule. They have the ability to govern themselves through voting. 2.Republicanism- People exercise their power in government by voting for their representatives. 3.Federalism- Both the Federal and State governments have their own power, and they share others. Delegated (enumerated) Powers- Federal Powers, Reserved Power- State Powers, Concurrent Powers- Shared. 4.Separation of Powers- Divided the power of government into branches, so that no one part could become too strong. 5.Checks and Balances- Each branch of government can exercise checks, or controls, over the other branches. 6.Limited Government- The rule of law prevails in American government. No one is above the law, even members of the government. 7.Individual Rights- The Bill of Rights shields people from an overly powerful government. 8.Flexibility- The Constitution can be amended and changed. Living document can be changed to fit the times. Popular Sovereignty Republicanism Checks and Balances Individual Rights Limited Government Federalism Separation of Powers Flexibility

9 Legislative Branch Congress Article 1 Section 1: Explains how the Legislative branch (Congress) will be organized and what powers it will have. Flexibilty: The Elastic Clause gave the Congress the power to make all laws that they see as necessary and proper to deal with the changing needs of the country. These implied powers are not specifically stated in the Constitution. I-8-18 This can take many forms. The Founding Fathers couldn’t have imagined all the situations and problems that would require the Congress to act upon in the future. Examples- Regulating the stock market, passing laws about the internet, or regulating the airlines. The Congress can do what they think is in the best interest (necessary and proper) for the country at a particular time. LG 9- Powers, Organization, Leadership, Term of office and Qualifications

10 Constitution Cube Review Game Play in your box group. Pick one person’s cube to roll. Roll order A, B, C, D If the person gets it right they get a point. If they get it wrong they lose a point. Keep track of each person’s points. Go through as many times as you can.

11 Start: Learning Goal 10 4321 In addition to a 3 student was able to explain the powers of the three branches of the federal government. Student was able to explain the powers of the three branches of the federal government. Student was able to identify the powers of the three branches of the federal government. Student was able to partially identify the powers of the three branches of the federal government. Learning Goal 10: Students will be able to explain the powers of the three branches of the federal government. - Legislative Branch: Congress (makes laws) - Executive Branch: President (enforces laws) - Judicial Branch: Supreme Court (interprets laws, Marbury v. Madison) - Electoral Process (popular vote and electoral college) Scale:

12 Legislative Branch Congress Article 1 Section 1: Explains how the Legislative branch (Congress) will be organized and what powers it will have. There are 18 delegated powers given to the Congress. “ All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” The main job or duty of the Congress is to make and pass laws for the U.S.A. All laws must be voted on and passed by both house (Senate and House of Representatives). It takes 51% majority in both houses. - Collect Taxes - To make and borrow money for the U.S.A. - To regulate trade. - Establish a post office and build roads. - Declare war. - Has final approval of the Federal Government’s budget.- “power of the purse” - To establish inferior (lower) courts to the Supreme Court. - Approve treaties made by the President - Approve any Presidential appointments- happens in the Senate LG 10- Powers, Organization, Leadership, Term of office and Qualifications

13 LG 10- Organization of Congress House of Representatives Senate Capitol Building 435 Representatives 100 Senators

14 Senate Is called the upper house because members are elected to a longer term (6 years), and because they stay in office longer they can have more of an influence in the government. Two Senators from each state. - Senior Senator- Elected first - Junior Senator- More recently elected Senator

15 17 th Amendment Changed the way Senators are elected. Up until 1913 Senators were chosen by their state’s legislature (like a Congress for the state). 17 th Amendment made Senators elected directly by the people.

16 Senate Leadership Which ever party has the majority chooses the leadership. President of the Senate Vice President Joe Biden (D) United States President Pro Tempore Patrick Leahy (D) Vermont Majority Leader Harry Reid (D) Nevada Minority Leader Mitch McConnell (R) Kentucky

17 House of Representatives Is the part of Congress considered closest to the will of the people. Lower House. Elected every two years. Any new law (bill) dealing with money (taxes, spending money) must start in the House. Every two years every member of the House and 1/3 of the Senators is up for re-election. Since the ratification of the Constitution, Congresses have been numbered every two years. Example: Current Congress is the 113 th.

18 18 House of Representatives Leadership Speaker of the House John Boehner Ohio (R) Majority Leader Minority Leader Kevin McCarthy Nancy Pelosi California (R) California (D) Which ever party has the majority chooses the leadership.

19 Congressional Committees Each newly elected member of Congress is assigned to a committee. Both political parties (Democrat and Republican) have members on each committee, but the majority of the members on the committee come from the majority party. Each committee is headed by a chairman.

20 Types of Committees Standing- Are permanent committees. Most bills that go through the Congress go through a standing committee. Select or Special- Is a temporary committee set up to deal with a specific bill not covered by a standing committee. Joint- Can be either a Select or Standing committee. Has members from both the Senate and House. They investigate other areas of government or the private sector on behalf of the Congress. Conference- As a bill goes between the two house of Congress, the language of the bill is sometimes changed. A conference committee is call to re-write the bill so its final form matches what both the HR and the Senate want. This committee is made up of members from both houses of Congress.

21 Congressional Committees Senate Standing Agriculture, Nutrition, and Forestry Appropriations Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works Finance Foreign Relations Health, Education, Labor, and Pensions Homeland Security and Governmental Affairs Judiciary Rules and Administration Small Business and Entrepreneurship Veterans Affairs Joint Joint Committee on Printing Joint Committee on Taxation Joint Committee on the Library Joint Economic Committee Special, Select, and Other Indian Affairs Select Committee on Ethics Select Committee on Intelligence Special Committee on Aging

22 Congressional Committees House of representatives Standing Committee on Agriculture Committee on Appropriations Committee on Armed Services Committee on the Budget Committee on Education and Labor Committee on Energy and Commerce Committee on Financial Services Committee on Foreign Affairs Committee on Homeland Security Committee on House Administration Committee on the Judiciary Committee on Natural Resources Committee on Oversight and Government Reform Committee on Rules Committee on Science and Technology Committee on Small Business Committee on Standards of Official Conduct Committee on Transportation and Infrastructure Committee on Veterans' Affairs Committee on Ways and Means Joint Joint Economic Committee Joint Committee on Printing Joint Committee on Taxation Select House Permanent Select Committee on Intelligence

23 LG 10- Explain the steps how a bill becomes a law. All laws start out as a bill, or a proposed law. The process of turning a bill into a law is very difficult. The Founding Fathers made it this way so elected representatives would have time to think about their decisions. House of Representatives A bill can be written and introduced into the Congress by any of its member. A bill may start in either house of the Congress, except bills dealing with money (like taxes or spending $) they must always be introduced, or start in the House of Representatives.

24 24 1. Bill is Introduced Read into the record and assigned a # House of Representatives (HR) 2. Assigned to a committee Hold hearings, conduct investigations, committee writes a report and votes on the bill. 3. Floor debate and vote 51% to pass 218/435 Can make changes 1. Bill is Introduced Read into the record and assigned a # Senate (S) 2. Assigned to a committee Hold hearings, conduct investigations, committee writes a report and votes on the bill. 3. Floor debate and vote 51% to pass 51/100 Change make changes 4. Conference Committee Re-write the bill so the language is the same form both houses 5. Final Vote- 51% to pass both houses 6. Goes to the President How a Bill Becomes a Law Bill can start in either house 6. The President signs the bill. 6. President can stop the bill by vetoing it. Congress can override the President’s veto by a 2/3 vote, (HR-290/435 and S-67/100) in each house of Congress. 7. Bill becomes a Law

25 Executive Branch LG 10- Powers, Organization, Leadership, Term of office and Qualifications Main Job -The Executive Branch is responsible for enforcing the laws made by the Congress. The President does this by signing bills passed in Congress. - Giving the State of the Union Address once a year (Washington Precedent) - Preparing the Executive Branch Budget.

26 Executive Branch Powers, Organization, Leadership, Term of office and Qualifications Term of Office: 4 years. -President may only be elected twice. This was established by the 22 nd Amendment, and was a precedent created by George Washington. Qualifications: 35 years old, natural born citizen, must have lived in the United States for 14 years.

27 Leadership - The leadership of the White House Staff consists of the President and Vice-President of the United States. Barack Obama President (D) Joe Biden Vice-President (D) 27 LG 10- Executive Branch Leadership

28 Organization - Cabinet: There are 15 cabinet positions in the Executive Branch. Each position is called a department and is headed by a secretary. The Cabinet serves as a group of advisors to the President. The President appoints the secretaries to head each department. The Senate must approve these appointments -White House Staff- People who work in the White House for the President. All of this positions are hired by the President. Ex- personal secretaries, chief of staff, press secretary… 28 Executive Branch Powers, Organization, Leadership, Term of office and Qualifications

29 Cabinet Cabinet Departments: State- Foreign Affairs, Embassies Treasury- Money supply, US Mints Defense- Armed Forces- Army, Navy/ Marines, Air Force Interior- National Parks, BIA Justice- FBI, Marshals, ATF, DEA, Federal Prisons Agriculture- Crops, livestock and farmland Commerce- Trade Labor- Health and safety of workers Health and Human Services- Health care issues Housing and Urban Development- Safe, affordable housing Transportation- FAA, Regulate the country’s transportation systems Energy- Regulate and look at energy use for the country. Education- Ensure educational access, and quality. Veterans’ Affairs- To assist Veterans Homeland Security- Protect the nation from outside attacks 29

30 Presidential Succession 25 th Amendment (1967)- If the President of the United State dies in office, the Vice President will assume the position of the presidency. The 25th amendment allows for the Vice President to become president in the event of death, resignation, removal from office or impairment that prevents the current president from fulfilling his or her duties.

31 Presidential Succession Presidential Succession Act of 1947 1.Vice President 2.Speaker of the House 3.President Pro Tempore of the Senate 4.Secretary of State 5.Secretary of the Treasury 6.Secretary of Defense 7.Attorney General 8.Secretary of the Interior 9.Secretary of Agriculture 10.Secretary of Commerce 11.Secretary of Labor 12.Secretary of Health and Human Services 13.Secretary of Housing and Urban Development 14.Secretary of Transportation 15.Secretary of Energy 16.Secretary of Education 17.Secretary of Veterans Affairs 18.Secretary of Homeland Security

32 Electing the President ELECTORAL COLLEGE- Is only used to pick the President of the United States and Vice President. The President and Vice-President run together during the election. The Electoral College is a group of people (electors) picked by their state to cast the final vote for president after the general election. Electors are citizens chosen by their state to cast a vote for the person they want to be President. Every state is worth so many Electoral College votes. The number of votes a state has in the Electoral College is based on the number of representatives that state has (which is based on the population of that state) and that state’s two senators. Arizona = 11 Electoral Votes 9 Representatives + 2 Senators = 11 Electors The candidate that receives the greatest popular vote wins all of the state’s electoral votes. “Winner Takes All” The Electoral College meets in December after the general election to cast their votes.

33 33 Electoral College Map Electing the President.

34 Electing the President The first candidate to win 270 Electoral College votes out of 538 votes is declared the winner of the election. 435 (HR) + 100 (Senate) + 3 Washington DC Electors = 538 (23 rd Amendment) The Electoral College was set up as a way to safeguard against the people making a bad choice for President. When the Electoral College was originally created electors did not have to vote for the candidate that received the most popular votes in their state. Today, the electoral college is more of a formality. Most states have passed laws requiring electors to cast their vote for the candidate that receives the most popular votes.

35 12 th Amendment Before the 12 th Amendment, the person who came in first in the Electoral College was President and the person who came in second was the Vice President. 12 th Amendment changed this- President and VP run together during the election and are elected together.

36 Judicial Branch Powers, Organization, Leadership, Term of office and Qualifications Main Job -The Supreme Court looks at laws, and actions of both the Federal and state government to see if they are constitutional (doesn’t go against the Constitution). Highest Court in the U.S.. This power is held by the Supreme Court any other inferior courts that Congress creates. Supreme Court Building

37 The main power of the Supreme Court is Judicial Review. This is the Court’s power to declare laws or actions made by the other two branches unconstitutional. The power of Judicial Review is not directly given to the Supreme Court in the Constitution, but was created in a very famous Supreme Court case called Marbury v. Madison by the Chief Justice at that time John Marshall. William Marbury James Madison John Marshall Judicial Branch Powers, Organization, Leadership, Term of office and Qualifications

38 Term of office - Justices and judges are appoint by the President for life. They can retire or resign whenever they want. They can be impeached and removed from the court by Congress. Qualification - The appointment must be confirmed by the Senate. The Constitution doesn’t list any qualifications for a person to be in the Judicial Branch.

39 U.S. Supreme Court Front row: Associate Justices Clarence Thomas, Antonin G. Scalia, John Paul Stevens, Chief Justice John G. Roberts, Anthony M. Kennedy, Ruth Bader Ginsburg Back row: Associate Justices Sonia Sotomayor. Stephen Breyer, Samuel A. Alito, and Elena Kagen

40 The Supreme Court- consists of 9 people altogether. Final court of appeals. 1 Chief Justice and 8 Associate Justices. (Justice = Judge) U.S. Courts of Appeals- Is underneath the Supreme Court there are the 12 Courts of Appeals. Each Appeals Court has 3 judges who look at the decisions of the lower federal Courts to decide if the ruling of the lower court was correct. Appeals courts check to make sure the lower court applied the law correctly, and that the trial was fair. They are not concerned with guilty or innocence. * There is a13th Court of Appeals which hears appeals from special federal courts. District Courts- There are 94 District Courts across the United States. Each state has at least one district court. They are the courts of original jurisdiction in the Federal government. They handle the majority of the workload in the Federal court system. These courts have a judge and a jury. Special Federal Courts- Hear cases dealing with special areas of federal law. i.e.- Patent Law, Customs Law, Tax Law All justices and judges are appointed for life by the President of the United States. The President’s choices must be approved through the Senate. LG 10- Organization of the Judicial Branch

41 Structure of the Judicial Branch U.S. Supreme Court State Supreme Court State Trial Courts In AZ they are called Superior Courts State Appeals Courts Cases dealing with state or local laws Special Federal Courts Patent Law, Tax Law, Customs Law U.S. Courts of Appeals U.S. District Courts Federal Trial Courts Cases involving Federal laws Cases involving a state gov’t or foreign diplomat

42 LG 10 “Checks and Balances”- Text p. 281 1. Override the President’s veto 2. Impeachment- House of Reps. Brings charges and the Senate holds a trial 3. The Senate ratifies treaties made by the President 4. Senate confirms presidential appointments to the Federal Courts, ambassadors, positions in the executive branch and cabinet Congress White House Supreme Court Building 1.Confirms appointments 2.Establish new courts 3.Impeach justices/ judges 4.Pass an amendment to the Constitution

43 “Checks and Balances”- Text p. 281 Congress White House 1. Veto a bill 2.Call Congress into a special session 3. Propose laws Supreme Court Building 1.Pres. Can appoint justices 2. Pres. can pardon criminals

44 “Checks and Balances”- Text p. 281 Supreme Court White HouseCongress 1.Judicial Review- declare actions of the President unconstitutional 1. Judicial Review- can declare laws made by Congress unconstitutional.

45 Start Learning Goal 11 4321 In addition to a 3 student was able to explain and analyze rights protected by the Bill of Rights. Student was able to explain rights protected by the Bill of Rights. Student was able to identify rights protected by the Bill of Rights. Student was able to partially identify the rights protected by the Bill of Rights. Learning Goal 11: Students will be able to explain rights protected by the Bill of Rights. - Miranda v. Arizona - 5th Amendment - Gideon v. Wainwright - 6th Amendment - Adult vs. Juvenile justice Scale:

46 LG 11 “Amendments 1-10, The Bill of Rights” Text p. 286-288 Directions: Use the Constitution/ Government notes to create electronic flashcards for LG 11. Make flashcard for the following. Amendments 1-10 Supreme Court case Miranda v. AZ Supreme Court case Gideon v. Wainwright 1. Use this website to make the flashcards- http://flashcardstash.com/http://flashcardstash.com/ 2. Create an account. Use your school email and password.

47 LG 11 “Amendments 1-10, The Bill of Rights” Text p. 286-288 3. Create a list 4. Name your list. 5. Click “No” if others can view your list.

48 “Amendments 1-10, The Bill of Rights” Text p. 286-288 Amendment- Is an addition or change made to the Constitution. The Constitution has been amended 27 times. First 10 amendments to the Constitution is known as the Bill of Rights. These amendments list out a citizens basic rights under the Constitution. It was written by James Madison, and added to the Constitution to help get it ratified. Tells what the government can’t do.

49 1 st Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

50 1 st Amendment Freedom of religion. The government can’t require citizens to follow or practice a particular religion. Citizens may practice or not practice any religion that they wish.

51 1 st Amendment Freedom of speech. The government can’t prevent or stop a person from speaking out against the government. This includes more than just verbal speech. It can also include written words, works of art, any kind of technology that allows people to communicate with each other.

52 1 st Amendment Freedom of the press. The government can’t prevent or stop any news medium from reporting stories or information about the government. This would include the internet, television, radio, magazines and newspapers.

53 1 st Amendment Freedom to peacefully assemble. The government can’t prevent or stop any person who wants to lawfully and peacefully protest.

54 1 st Amendment Freedom to petition the government for a redress of grievances. A citizen can ask the government to explain its actions.

55 When can the government deny freedom of speech ? 1) Make false statements against someone that causes them harm. Ex- Slander (spoken) or Libel (written) 2) If the speech threatens national security. 3) If the speech encourages others to break the law or incite others to use violence. 4) If the speech causes panic and results in people to getting hurt. 5) Words that present a clear and present danger to others or the United States.

56 Schenck v. United States 1919 Charles Schenck was arrested and charged with passing out pamphlets trying to persuade young men not to enter the draft during WWI. The Supreme Court and Chief Justice Oliver Wendell Holmes affirmed the lower court ruling stating that Schenck’s actions were unlawful, and were a clear and present danger to the United States’ war effort. “Can’t yell fire in a crowded theatre” Oliver Wendell Holmes 56

57 2 nd Amendment The right to bear (have) arms (firearms), and to have a well regulated militia.

58 3rd Amendment Government can’t force citizens to quarter (house) soldiers in their homes during peace time.

59 4th Amendment The government may not conduct unreasonable searches and seizures. Law enforcement must have probable cause, and a search warrant that names the exact places to be searched and persons or things to be seized.

60 4th Amendment Mapp v. Ohio (1961)- Evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts. Established the “Exclusionary Rule”. Terry v. Ohio (1968)- “Terry Stop/Search” (Frisk). The police can stop a person, and ask questions, without "arresting" the person. Upon seeing suspicious activity, the police may perform what is called a "Terry Stop," and may temporarily detain people to request that they identify themselves and to question them about the suspicious activity. The scope of a "Terry Stop" is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an "arrest." For their own safety, the police can perform a "weapons frisk" on the outside of a person's clothes (sometimes called "patting down the suspect") during a "Terry Stop." During this frisk, if they feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person's pockets that do not appear to be weapons, even if they believe that the items are contraband.

61 5th Amendment A person can’t be put on trial for a capital crime (crime punishable by death), or infamous crime (crimes punishable by prison or a loss of rights) unless the case is heard by a grand jury. *A grand jury is a group of between 12 -23 citizens who hear a case first to see if there is enough evidence to go on with a regular trial.

62 5th Amendment Due Process- A person can’t be deprived of life, liberty, or property without a fair trial. Eminent Domain- Private property can’t be taken away for public use unless the person is compensated. Double Jeopardy- The government can’t put a person on trial for the same crime twice. Exception: if a person is found guilty because of a legal error, then you can be tried again. Don’t have to be a witness against yourself- An accused person doesn’t have to answer questions asked by the government.

63 5th Amendment Miranda Warning- No person accused of a crime may be forced to be a witness against him or herself, because in the eyes of a jury or court it may make the accused look guilty. Starting in 1966, after the Miranda v. Arizona Supreme Court case, police now have to tell those accused of a crime that they have the right to remain silent, and if they say something it can be used against them in a court of law. They have the right to an attorney, and if they can’t afford one the government will provided one free of cost. Ernesto Miranda

64 6th Amendment Right to a fair, speedy, public trial, with a jury in all civil and criminal cases. The right to an attorney (lawyer) must be provided in all criminal trials. Civil Law cases = Cases between two or more private citizens. Criminal Law cases = The government brings charges against a citizen for breaking the law. After the Supreme Court case of Gideon v. Wainwright, (1963). In all criminal cases, both federal and state courts must appoint a lawyer to an accused person if he/she can’t afford one. Clarence Earl Gideon

65 7th Amendment A trial by jury may be allowed in civil cases dealing with property or money as long as the value in dispute is over $20.00. An appeals court can only overturn a jury trial’s decision if they find that a legal error was made in the trial.

66 8th Amendment Courts can’t charge too high amount of bail to the accused. The accused is protected against cruel and unusual punishments.

67 9th Amendment Citizens of the United States are entitled to other rights not stated in the Constitution.

68 10th Amendment Powers not specifically given to the federal government in the Constitution, belong to the states or people. ** This is the one amendment in the Bill of Rights that does not deal with a person’s rights.

69 Start Learning Goal 12 4321 In addition to a 3 student was able to analyze federal, state, and local government. Student was able to explain and compare federal, state, and local government. Student was able to identify and compare federal, state, and local government. Student was able to partially identify and compare federal, state, and local government. Learning Goal 12: Students will be able to explain and compare federal, state, and local government. - county, city/ town, tribal - Direct Democracy (initiative, referendum, recall process) - law making process Scale:

70 Arizona State Government

71 State Legislative Branch AZ is divided into 30 legislative districts. State Legislature - Makes laws for the state 30 members- 1 per district 60 members- 2 per district Serve a 2 year term Can serve 4 terms State SenateState House of Representatives

72 AZ Legislative Districts

73 State Executive Branch Governor- Enforces the laws - Chief Executive - 4 yr term - 2 terms Secretary of State - Runs elections Attorney General - Legal advisor to the governor and state Treasurer - State budget Superintendent of Public Instruction Oversees the AZ department of education, and the running of public schools Governor Jan Brewer

74 State Judicial Branch State Supreme Court- Interprets state laws 5 Justices (1- Chief Justice 4 Associate Justices) -appointed by the governor -6 year term- after being appoint by the governor must be elected thereafter AZ Courts of Appeals 3 judges -6 year term- after being appoint by the governor must be elected thereafter AZ Superior Courts -Trial courts -Each county has at least one Superior Court -4 year term- after being appoint by the governor must be elected thereafter Justice of the Peace Courts and Municipal Courts AZ Supreme Court Building

75 County and Local Government

76 County Government The 15 counties in Arizona are subdivisions of the state, with elected officials. County Elected Officials at least three-Five supervisors, each county is different- elected and hold his office for a term of four (4) year Sheriff- Main law enforcement officer for the county County Attorney- Handles all legal matters for the county Recorder- keeps public records, ex- mortgages Treasurer- does the budget for the county Assessor- looks at property value for tax purposes Superintendent of schools- Oversees schools within the county Maricopa County Board of Supervisors

77 City/ Town Governments Mayor- Chief Executive for the City or town City/ Town Council- Sometimes there is no mayor and they act like the mayor. Can pass local laws for the residents of the city or town.

78 Tribal Government Cocopah Indian Tribe Colorado River Indian Tribes Fort McDowell Yavapai Nation Gila River Indian Community Havasupai Tribe of the Havasupai Reservation Hopi Indian Reservation - Hualapai Tribal Nation Kaibab Paiute Tribe Native Americans in Arizona Navajo Nation Pascua Yaqui Tribe Salt River Pima-Maricopa Indian Community San Carlos Apache Tribe

79 Tribal Government The Congress has the right to establish and regulate Reservation Lands and Tribal governments. Tribal governments are allowed to make their own laws and govern themselves. The laws that they make can’t go against the U.S. Constitution.

80 How a Bill Becomes a Law in Arizona

81 How AZ Laws Are Made 1.Bill is introduced and read aloud in the House or the Senate and assigned a #. 2. Bill is assigned to appropriate committee which considers bill/makes recommendations, assigns bill to active on calendar. 3. Bill is read aloud to whole house. All present must vote. If passed, bill goes to other house (Senate/HR).

82 4.Once the bill passes the house it was originated in (Senate/HR) the bill goes to the other house where the process is repeated (Steps1-3). 5.If the bill is approved by the other house, the bill goes to the Governor to be signed into law, or vetoed. Governors have two kinds of vetoes- regular veto and a line item veto (the governor can take out specific parts of the bill they don’t like) How AZ Laws Are Made

83 6. If vetoed- the bill goes back to original house with changes and… – Can be accepted by the both house and sent to the Governor with the new changes to sign/ veto.

84 Important Vocabulary Initiative: Citizens gathers enough signatures to place a proposition on an election ballot

85 Initiative Initiative- The people can make and vote on the laws or amendment directly. People have Initiative Petition Signed Voters an idea for a (law) by 10% of the Voters law. (Initiative) 10% of the # of votes cast in last election for governor.

86 Important Vocabulary Referendum: State legislature creates a bill and then sends the bill to the people to vote on.

87 Referendum Referendum- Bill in the state legislature is sent to the people to vote on directly. 2 ways a referendum can be passed. State Legislature Referendum People Vote (law) State Legislature Referendum People want Petition Goes on the (law)a referendum. Signed by 5% of ballot and is voters. voted on.

88 Important Vocabulary Recall: An elected official is removed from office due to committing illegal actions.

89 Recall Recall- People of AZ can vote directly to remove an elected official. People want to People can vote to get rid of an remove elected elected official. official. Petition Signed-25% of the votes cast in the last election for the official being recalled

90 Citizenship Text p. 300-303 A citizen is a legal resident of a city, state, or country. A person who is not yet a citizen is called an alien.

91 91 Citizenship Text p. 300-303 1. Born in the United States or on U.S. Territory 2. One or both of your parents are citizens 3. If your parents become citizens (naturalized) before you turn 18 years of age 4. Naturalized Naturalization is the process you go through to become a citizen.

92 92 Citizenship Text p. 300-303 4. Naturalized Naturalization is the process you go through to become a citizen. 1.Must be 18 years old to be naturalized- Children under 18 become citizens automatically if their parents are naturalized. 2.Live in the U.S. 5 years. 3.Entered the U.S Legally. 4.Read, write and speak English. 5.Take a test showing knowledge of American history and government

93 Citizenship Text p. 300-303 Basic Rights or Civil Rights- Bill of Rights Protection from unfair government action Equal treatment or protection under the law- 5 th Amendment and the 14 th Amendment

94 Constitution Handbook: “Role of the Citizen” Text p. 300-303 What are the different types of personal and civic responsibilities of a U.S. citizen? Personal Responsibilities Taking care of yourself Helping your family Knowing the difference between right and wrong Behaving in a respectful way Voting/ being politically involved Civic- Think of these as legal requirements Obeying the law, Serving on juries Paying taxes Attending School Defending your country- Men must register with the selective service when they turn 18, being drafted in the armed forces.

95 Personal and Civic Responsibilities of Being A Citizen Personal Responsibilities- Give a specific example for how a citizen can show each of these responsibilities. Taking care of yourself- Helping your family- Knowing the difference between right and wrong- Behaving in a respectful way- Voting/ Being Politically Involved- Civic Responsibilities- Obeying the law, Serving on juries, Paying taxes, Attending School, Draft. Think of a new civic responsibility that could be added to the list.


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