1. The Basis for our Government

2. What was life like in America before the Constitution? 1. Native Americans  Didn’t get along with the colonists (French & Indian War) 2. The Colonies  A. New England (MA, RI, CT, NH): Made up of English Puritans B. Middle (NY, NJ, PA, DE): Dutch, Irish, German, Swedish C. Southern (VA, MD, NC, SC, GA): English and enslaved Africans 3. Slaves  Triangular Trade and the Middle Passage; more in the South (plantations) 4. Attempts at Self Government  Examples: The Mayflower Compact, House of Burgesses, and N.E. Town Meetings 5. American Revolutionary War  Fought for independence from Great Britain 6. The Article of Confederation  Created a weak central government, and protected individual states’ rights 7. Compromising the Constitution  A. The Great Compromise B. Commerce Compromise C. 3/5ths Compromise 8. Anti-federalist vs. Federalists  Differed about the Constitution

3. What is a Preamble? An introduction; the introduction to our Constitution What was the purpose of the Preamble? To open up the Constitution with the reasons for writing it The Founding Fathers listed the following reasons: Create a better, stronger national government Ensure a system of justice Provide for peace at home Provide for the defense of the nations Promote the well being of people Secure liberty to the people and future generations

4. Popular Sovereignty: The source of all power or authority to govern is the people Limited Government: Limits are placed on both the national and state governments. No person is above the law (not even the President) Federalism: The division of power between the states and national governments

5. System of Federalism Delegated Powers *Maintain army and navy *Declare war *Coin money *Regulate trade *Make laws Reserved Powers *Conduct elections *Establish schools *Business within a state *Local governments *Regulate marriages Concurrent Powers *Enforce laws *Borrow money *Roads *Taxes

6. System of Federalism (cont.) Delegated Powers: Powers designated to the national government Concurrent Powers: Powers shared by national and state governments Reserved Powers: Powers designated to state governments Denied Powers: Certain powers denied to governments Implied Powers: Powers given to the national government but not stated in writing Example: Child labor laws and interstate commerce

7. Separation of Powers: The power to govern is divided among legislative, executive, and judicial branches to ensure that no one branch can dominate the government Checks and Balances: Each branch has ways to check or control the other branches

8. Executive Branch- Enforces Laws Judicial Branch- Interprets Laws Legislative Branch- Makes Laws President has the power to grant pardons and appoint judges Supreme Court can declare actions unconstitutional and interpret treaties President Vice President Supreme Court Senate House of Reps. CONGRESS Supreme Court can declare laws unconstitutional Congress has the power to propose amendments, create lower courts, impeach and remove judges and reject appointments Congress has the power to override a veto, reject treaties, impeach and remove President has the power to veto laws, make treaties, appoint federal officials, and propose laws

9. Flexibility  meeting the changing conditions of the nation Elastic Clause: Congress can make all laws “necessary and proper” for carrying out the tasks of the Constitution Amendment Process: Constitution can be formally changed with approval from Congress and the states Judicial Interpretation: Supreme Court review cases dealing with the Constitution Unwritten Constitution: Traditions, customs, court decisions Examples: Presidential cabinet, political parties, congressional committees, and judicial review

10. The first three Articles of the Constitution lay out the duties of the legislative, executive, and judicial branches. Article I: The Legislative Branch (MAKES LAWS) THE HOUSE OF REPRESENTATIVETHE SENATE Selects the President if there is no majority in electoral votes Brings impeachment charges Originates all revenue (money) bills 435 members Selects the Vice President if no majority in electoral votes Acts as the jury in cases of impeachment Ratifies treaties (2/3rds vote) Approves presidential appointments and federal judges 2 per state= 50 x 2= 100 members

11. Article I: The Legislative Branch (cont.) These two governing bodies (House and Senate) are known as Congress Congress has both expressed powers and implied powers Expressed Power 1. Lay taxes7. Establish post offices 2. Borrow money8. Grant patents/copyrights 3. Regulate commerce9. Create smaller courts 4. Naturalization laws10. Punish piracies 5. Coin money11. Exercise jurisdiction over D.C. 6. Punish counterfeiters 12. Declare war15. Make laws for armed forces 13. Support armies16. Call forth militias 14. Maintain navy17. Organizes armed forces

12. Article I: The Legislative Branch (cont.) Implied Powers Make all laws necessary and proper for carrying into executive foregoing powers such as: Punishing federal crimes Federal Reserve System Improve waterways Setting minimum wage

13. Article I: The Legislative Branch (cont.) I’m Just A Bill

14. Article II: The Executive Branch (ENFORCES LAWS) What makes up the Executive Branch? The President and Vice President

15. Presidential Roles and Powers ROLEPOWERS Chief Executive Enforce Laws Federal bureaucracy Appoints high officials Remove other officials within the executive branch Chief Diplomat Makes treaties Makes executive agreements with other nations Extend or withdraw diplomatic recognition to a nation Commander in Chief Broad military powers (shared with Congress) In times of war, these powers increase Chief Legislator Recommend legislation to Congress Veto potential laws Chief of State Ceremonial head of government Judicial Powers Can grant pardons, reprieves, and amnesties Head of the Party Leader of the political party in power (unwritten constitution)

16. Article II: The Executive Branch (cont.) Federal Bureaucracy: Administrative agencies that put the decisions or policies of the government into effect The Executive Departments 1.State6. Agriculture11. Transportation 2. Treasury7. Commerce12. Energy 3. Defense8. Labor13. Education 4. Justice9. Health & Human Services 14. Veterans Affairs 5. Interior10. Housing & Urban Development 15. Homeland Security (2001)

17. Article II: The Executive Branch (cont.) How do we elect the President of the United States? The Electoral College System Step 1: Voters cast ballots for electors to represent them Step 2: These electors cast the actual votes for President and Vice President What determines how many electors each state gets? Each state is granted as many electors as it has Senators plus Representatives A presidential candidate needs a majority of the electoral votes to win 270 votes (Half of 538) Total number of Senators=100 Total number of Representatives= 435 Total number of votes given to D.C.=3

19. Article II: The Executive Branch (cont.) Issues with the Electoral College System It’s a “winner takes all” system The elections of 1824, 1876, 1888, and 2000: The winner of the popular vote lost because he didn’t receive the majority of electoral votes Less populated states are overrepresented Electors are not required by law to vote for the candidate who wins their state Why don’t we get rid of it then? Hard to amend the Constitution Small states would lose advantage Might threaten the two-party political system

20. Article III: The Judicial Branch What makes up the Judicial Branch? The Supreme Court and the national court system What are the jobs of the Judicial Branch? JURISDICTIONJUDICIAL REVIEW Decides which cases go to federal courts and state courts Federal Court= federal laws, treaties, maritime law, and interpretation of the Constitution Enables the courts to hear cases involving the application and interpretation of laws Whether it is constitutional or not Marbury v. Madison

21. When amendments are added to the Constitution, the document is being formally changed The Formal Amendment Process

22. 1 st Freedom of speech, press, religion, assembly, and petition 2 nd Right to bear arms 3 rd Government can not require people to house soldiers during peacetime 4 th Protects against unreasonable search and seizure 5 th Protects against self-incrimination (I plead the 5 th ) and double jeopardy (can’t be charged with same crime twice) **DUE PROCESS** 6 th Right to a speedy trial, public trial, confront witnesses, and legal counsel 7 th Right to trial by jury in most civil cases 8 th Prohibits excessive bail, fines, and cruel and unusual punishments 9 th Rights not mentioned in the Constitution belong to the people 10 th Powers not given to the national government belong to the states or people The first ten amendments outline the basic rights of the people against the power of federal government

23. 11 th Grants states immunity from certain lawsuits 12 th Separates voting for the President and Vice President 13 th ***Abolishes slavery 14 th ***Defines citizenship; equal protection under the law 15 th ***Grants voting rights to African American males 16 th Give Congress the power to tax incomes 17 th ***Direct election of U.S. Senators by the people, not through legislature 18 th ***Prohibition; bans manufacture, sale, and transportation of alcohol 19 th ***Grants voting rights to women Seventeen amendments have been added to the Constitution between 1795 and 1992

24. 20 th Shortens the time between election of the President and their start of term of office 21 st Repeals the 18 th Amendment 22 nd Limits president to 2 terms (8 years) 23 rd D.C. gets the right to vote and electoral college votes 24 th “For the Poor”- Abolishes poll taxes as voting qualification 25 th Rules for Presidential succession 26 th Lowers voting age to 18 (Vietnam War) 27 th Bans midterm congressional pay raises

25. Tinker v. Des Moines (1969) People Involved: Students and School District Background Information: Students were wearing black arm bands to protest the Vietnam War. The principal felt that the armbands were disruptive and suspended the students. Amendments involved: 1 st Amendment Outcome: Students do NOT shed their rights at the schoolhouse gate. The armbands were a form of silent protest that did not harm others.

26. West Virginia Board of Education v. Barnette (1943) People Involved: Students and School District Background Information: All teachers and students were required to stand and salute the flag while reciting the Pledge of Allegiance. A Jehovah’s Witness student refused to say the Pledge and was expelled and charged with juvenile delinquency. Amendments Involved: 1 st Amendment Outcome: Students cannot be forced to say the Pledge of Allegiance due to their 1 st amendment right of religious freedom.

27. Miranda v. Arizona (1966) People Involved: Accused criminals Background Information: Ernesto Miranda was charged with rape, kidnapping, and robbery in Phoenix, Arizona. He was not informed of his rights before his interrogation, during which he confessed to his crimes without counsel present. He was sentenced to 30 years for his crimes, which he later appealed. Amendments Involved: 5 th Amendment Outcome: “Miranda” rights must always be read! “You have the right to remain silent, anything you say can and will be used against you in court. You have the right to an attorney. If you cannot afford one, one will be appointed to you” *Miranda was later retried and convicted of his crimes*

28. New Jersey v. T.L.O (1985) People Involved: Students and School District Background Information: T.L.O (initials of underage student) was caught smoking cigarettes in the girl’s bathroom. She was taken to the principal’s office where a search of her purse was conducted. In her purse, the principal found marijuana and other items that implied that she had intent to sell marijuana. She claims that her rights were violated with an unreasonable search of her purse. Amendments Involved: 4 th Amendment Outcome: The search did not violate the Constitution and established more lenient standards for reasonableness in school searches.

29. Schenck v. United States (1919) People Involved: Protestors Background Information: A prominent socialist, Charles Schenck, attempted to distribute thousands of flyers to American servicemen recently drafted to fight in World War I. He was claiming that the draft was a form of slavery that went against the 13 th amendment. The government charged him with violating the Espionage Act, by going against the American forces. Schenck felt that his 1 st Amendment freedom of speech was being restricted. Amendments Involved: 1 st Amendment Outcome: First Amendment is not limitless. “Clear and present danger” clause- A person cannot say whatever they want if it poses a threat. Rights can be limited during times of war (WWI)

30. Engel v. Vitale (1962) People Involved: Students and School Districts Background Information: New York State law required public schools to open each day with the Pledge of Allegiance and a nondenominational prayer in which the students recognized their dependence upon God. The law allowed students to absent themselves from this activity if they found it objectionable. A parent sued on behalf of his child, arguing that the law violated the Establishment Clause of the First Amendment, as made applicable to the states through the Due Process Clause of the Fourteenth Amendment Amendments Involved: 1 st and 14 th Amendments Outcome: Separation of Church and State. Forced prayer in public schools is unconstitutional.

31. Rideau v. Louisiana (1963) People Involved: Accused criminals Background Information: A few hours after a man robbed a bank, kidnapped three bank employees and killed one of them, Wilbert Rideau was arrested and lodged in the Parish Jail. The next morning a motion film was made of an "interview" in the Jail between Rideau and the Sheriff. This "interview" lasted approximately 20 minutes and consisted of admissions by Rideau that he had perpetrated the bank robbery, kidnapping, and murder. Later the same day and on the succeeding two days, the filmed "interview" was broadcast over the local television station and was seen and heard by many people in the Parish. Rideau felt that he was not given a fair trial due to the jury seeing the film. Amendments Involved: 5 th Amendment Outcome: Rideau’s 5 th Amendment right of due process of law was violated. Did not receive the “right to a fair trial”.

32. Gideon v. Wainwright (1963) People Involved: Accused criminals Background Information: Clarence Earl Gideon was charged with breaking and entering into a pool hall and stealing money from the hall's vending machines. At trial, Gideon, who could not afford a lawyer himself, requested that an attorney be appointed to represent him. He was told by the judge that Florida only provided attorneys to defendants charged with crimes that might result in the death penalty if they were found guilty. After he was sentenced to five years in prison, Gideon filed a habeas corpus petition (or petition for release from unjust imprisonment) Amendments Involved: 6 th and 14 th Amendments Outcome: Criminals must be given a lawyer if they cannot afford one.

33. Mapp v. Ohio (1961) People Involved: Accused criminals Background Information: Suspicious that Dollree Mapp might be hiding a person suspected in a bombing, the police went to her home. They knocked on her door and demanded entrance, but Mapp refused to let them in because they did not have a warrant. After observing her house for several hours, the police forced their way into Mapp's house, the police found a trunk containing pornographic materials. They arrested Mapp and charged her with violating an Ohio law against the possession of obscene materials. Amendments Involved: 4 th and 14 th Amendments Outcome: The Court determined that evidence obtained through a search that violates the Fourth Amendment is inadmissible in state courts. Must have a valid search warrant.

34. Vernonia School District v. Acton (1995) People Involved: Students and School Districts Background Information: The district adopted a policy requiring students who desire to participate in interscholastic athletics to sign a consent to both routine and random drug testing. who had no history of drug use or disciplinary problems, refused to sign the consent form and was suspended from interscholastic athletics. He sued claiming violation of his fourth amendment right to be free from unreasonable searches and seizures. Amendments Involved: 4 th Amendment Outcome: Students can be drug tested. In the case of high school athletes who are under State supervision during school hours, they are subject to greater control than over free adults.

35. Washington v. Chrisman (1978) People Involved: Accused criminals Background Information: A University officer observed a student leave a dormitory carrying a bottle of gin; because the student appeared to be under 21, the officer stopped him and asked for identification. After the student requested to retrieve his identification from his dormitory room, the officer accompanied him there and, while remaining in the open doorway watching the student and his roommate, noticed what he believed to be marijuana seeds and a pipe lying on a desk in the room. The officer then entered the room, confirmed that the seeds were marijuana, and determined that the pipe smelled of marijuana. Amendments Involved: 4 th Amendment Outcome: “Plain view” exception. Although the officer did not have a search warrant, the marijuana was in plain sight.

36. Francis v. Resweber (1947) People Involved: Accused criminals Background Information: 15 year old African American Willie Francis was charged with murder and sentenced to death by the electric chair. At the first attempt in the electric chair he was jolted for two minutes but didn’t die. He was given a new execution date for a week later. Francis’ father petitioned that electrocuting him again would be double jeopardy (5 th amendment) and cruel and unusual punishment (8 th amendment) Amendments Involved: 5 th and 8 th Amendments Outcome: Court ruled that it did not violate his 8 th amendment and a year or so later, Francis was successfully electrocuted. States still using the electric chair  Alabama, Arkansas, Florida, Kentucky, Oklahoma, South Carolina, Tennessee, Virginia

37. Marbury v. Madison (1803) People Involved: Supreme Court Background Information: Dealing with the election of 1800 and the commissions given. Amendments Involved: Checks and Balances Outcome: Established judicial review. Gave the Supreme Court the power to determine whether laws/actions are constitutional or unconstitutional.

38. McCulloch v. Maryland (1819) People Involved: Federal and state governments Background Information: Dealt with the creation of a National Bank and who would control it and tax it. Amendments Involved: Federalism Outcome: Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank.

39. Gibbons v. Ogden (1824) People Involved: Federal and state governments Background Information: The dispute in Gibbons concerned competing claims of rival steamship franchises. The state of New York gave Aaron Ogden an exclusive license to operate steamboat ferries between New Jersey and New York City on the Hudson River. Thomas Gibbons, another steamboat operator, ran two ferries along the same route. Ogden sought an injunction against Gibbons in a New York state court, claiming that the state had given him exclusive rights to operate the route. Amendments Involved: Federalism Outcome: Federal government has power over interstate commerce (trade).

40. Worcester v. Georgia (1832) People Involved: Native Americans Background Information: Georgia laws were passed following an agreement reached between the Cherokee tribe and the state government of Georgia that instituted a prohibition of non- Indians from living in Indian territories. Only Non-Native Americans with special permission from the government were allowed to live on these lands. Sam Worcester and his family refused to move from a land that was labeled an “Indian territory.” In addition to refusing to move, the group refused to apply for the government license that would allow them to reside on the lands. Because of this refusal, the army entered the Native American lands and arrested Worcester along with the other 6 people. Amendments Involved: Federalism Outcome: Federal government has the power over the settlement of lands (Trail of Tears)

41. Dred Scott v. Sandford (1857) People Involved: African American slaves Background Information: Dred Scott, a slave, saved up money and wanted to buy his freedom from his late master’s wife. She refused and Scott attempted to sue her in State court because they currently resided in a state where slavery was banned. Amendments Involved: Overturned by the 14 th Amendment Outcome: Americans of African descent, whether free or slave, were not American citizens and could not sue in federal court. The Court also ruled that Congress lacked power to ban slavery in the U.S. territories. Finally, the Court declared that the rights of slaveowners were constitutionally protected by the Fifth Amendment because slaves were categorized as property.

42. Plessy v. Ferguson (1896) People Involved: African Americans Background Information: Homer Plessy was jailed for sitting in the "White" car of the East Louisiana Railroad. Plessy could easily pass for white but under Louisiana law, he was considered black despite his light complexion and therefore required to sit in the "Colored" car. Plessy deliberately sat in the white section and identified himself as black. He was arrested and Plessy's lawyer argued that the Separate Car Act violated the Thirteenth and Fourteenth Amendments. Amendments Involved: 13 th and 14 th Amendments Outcome: Set the precedent that "separate" facilities for blacks and whites were constitutional as long as they were "equal.“ Separate but equal was okay!

43. Korematsu v. United States (1944) People Involved: Japanese Americans Background Information: Early in World War II, on February 19, 1942, President Franklin Roosevelt issued Executive Order 9066, granting the U.S. military the power to ban tens of thousands of American citizens of Japanese ancestry from areas deemed critical to domestic security and placed them in internment camps. In defiance of the order, Fred Korematsu, an American- born citizen of Japanese descent, refused to leave his home in San Leandro, California. Amendments Involved: 14 th Amendment Outcome: Japanese internment camps were allowed because during times of war, your rights can be restricted. Later one, families of Japanese internment camp member were paid restitution.

44. Brown v. Board of Education of Topeka, Kansas (1954) People Involved: African Americans Background Information: Oliver Brown, parent of one of the children denied access to Topeka's white schools, claimed that Topeka's racial segregation violated the Constitution's Equal Protection Clause because the city's black and white schools were not equal to each other and never could be. The federal district court dismissed his claim, ruling that the segregated public schools were "substantially" equal enough to be constitutional under the Plessy doctrine. Amendments Involved: 14 th Amendment Outcome: Overturned Plessy v. Ferguson ruling. “Separate but equal” was Unconstitutional. Leads to the integration of schools. Bans segregation.

45. New York Times Co. v. U.S. (1971) People Involved: The Press and the President Background Information: The newspaper had obtained a copy of documents known as “The Pentagon Papers”—an internal Defense Department report that detailed government deception with regard to the Vietnam War. The Pentagon Papers surfaced at a time when the American people were deeply divided on the question of United States involvement in the war. The New York Times fought for the right to publish the papers under the umbrella of the 1st Amendment. Amendments Involved: 1 st Amendment Outcome: Reasoned that since publication would not cause an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.

46. Roe v. Wade (1973) People Involved: Women Background Information: Jane Roe was an unmarried and pregnant Texas resident in 1970. Texas law made it a felony to abort a fetus unless “on medical advice for the purpose of saving the life of the mother.” Roe filed suit against Wade, the district attorney of Dallas County, contesting the statue on the grounds that it violated the guarantee of personal liberty and the right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments Amendments Involved: 1 st, 4 th, 5 th, and 14 th Amendments Outcome: Supreme Court invalidated any state laws that prohibited first trimester abortions.