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Think about some ways that your guardian protects you and your rights, and jot your answers down on a piece of paper. [One minute] Save your paper – we.

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Presentation on theme: "Think about some ways that your guardian protects you and your rights, and jot your answers down on a piece of paper. [One minute] Save your paper – we."— Presentation transcript:

1 Think about some ways that your guardian protects you and your rights, and jot your answers down on a piece of paper. [One minute] Save your paper – we will be using it all week!

2 Now think about some ways that the government may protect us and our rights. Think about similarities as well as differences. Again, jot down your answers on the same piece of paper. [One minute]

3 Turn to the person next to you and discuss your thoughts. What did you think of that your partner didn’t? What did you think of that your partner did? [One minute]

4 Let’s hear your thoughts. [5 minutes.]

5 Now let’s discuss specifically how our rights are protected from infringement by the government... by the government!

6 Federalism A system of government in which the same territory is controlled by two levels of government.

7 Federalism A larger national government controls issues that affect the country.

8 Federalism Smaller local governments control more local issues.

9 Federalism Both governments can make laws. Both governments operate separately from each other.

10 Federalism The US has federal system of government made up of the national government and the state governments.

11 Federalism The US national, or federal, government was established by the Constitution. The powers of the national government are limited to only what is described in the Constitution.

12 Federalism The 10 th Amendment to the Constitution requires that all powers not given to the national government be reserved to the states.

13 Federalism

14 Separation of Powers Political doctrine of constitutional law under which:constitutional law the three branches of government Executive Legislative and Judicial are kept separate to prevent abuse of power.

15 Separation of Powers Also known as the system of checks and balances each branch is given certain powers so it can check and balance the other branches.

16 Separation of Powers

17

18 “Separation of Paper Rock Scissors” You will be put into a group of three. You will be assigned a branch of government. The student to your left must announce which check or balance he or she is using to defeat you. If he or she is having difficulty, help him or her out. As each check or balance is used, the legislative representative will write it down so that it is not used again. Your group is then to continue around clockwise until you have run out of checks and balances. I will be available to help and answer questions. [10 minutes]

19 14 th Amendment Ratified, or approved, in 1868 Grants citizenship to “all persons born or naturalized in the United States,” including slaves

20 14 th Amendment Forbids states from denying: any person “life, liberty, or property without due process of law’ “to any person within its jurisdiction equal protection of the laws”

21 14 th Amendment What does this mean? Limited state power to discriminate against its citizens, like former slaves. Expanded powers of the Constitution. Applied protections in the Bill of Rights to the states.

22 Appellate Process What happens when your rights are violated in a criminal case? Some states, Georgia included, have two levels of appellate courts. Court of Appeals, then Supreme Court Appeal first to Court of Appeals, then to state Supreme Court.

23 Appellate Process What happens if something is still wrong? File writ of habeus corpus, which asks federal court to hear the case Circuit Court of Appeals, then US Supreme Court

24 Appellate Process What if the violation of rights is not criminal? File a challenge to the state or federal statute, or law, in federal court. Claim that the law violates your rights under the US Constitution.

25 Appellate Process Criminal: state appellate court state supreme court habeus corpus federal appellate court US Supreme Court

26 Appellate Process Non-criminal: federal district court federal appellate court US Supreme Court

27 Review Quiz: Put away all of your notes. Complete the short quiz that is being distributed. Do your best. Turn it in before you leave. [15 minutes]

28 References http://www.law.cornell.edu/wex/federalism http://www.law.cornell.edu/wex/separation_of_powers http://www.socialstudieshelp.com/lesson_13_notes.htm http://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html http://constitutioncenter.org/constitution/the-amendments/amendment-14- citizenship-rights


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