1. Chapter Two

2. GOAL: What is a Constitution? Constitution Basics

3. US Constitution

4. 1. What Is a Constitution?
Document that describes organization’s mission, foundational structures, and its essential processes
A constitution is a nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens

5. 3. Three branches: Legislative, Executive, and Judicial
2. What is the mission of our U.S. Constitution? 3. What are the foundational structures of our U.S. government? 4. What are some essential processes set up by our Constitution?
2. Preamble
3. Three branches: Legislative, Executive, and Judicial
4. Procedures for electing and appointing officials, making laws, ratifying/amending Constitution

6. Basic Concepts of U.S. Constitution
5. Ways each branch of government can monitor and limit the functions of the other branches.
6. Primary governing functions are divided into three branches to prevent any from getting more powerful than another.
7. Idea that people are the supreme power and give government its power….We the People
8. A two-tiered government, comprising of the national and state levels….10th Amendment
9. The Court has the authority to determine if laws or actions of the government are constitutional or not.

7. Concepts 5. What is Checks and Balances 6. What is Separation of Power
7. What is Popular Sovereignty
8. What is Federalism—A Federal System
9. What is Judicial Review

8. 10. What court case established Judicial Review?
Marbury v. Madison

9. 11. To approve or authorize the constitution
What is Ratification?!?!?!

10. What Is a Constitution? Mission Foundational Structures
Essential Processes
(WHAT, and HOW?)
U.S. Constitution:
Preamble
7 Articles
27 Amendments

11. GOAL: What is the historical context of the U.S. Constitution?

12. Timeline of Independence and Constitution
American Revolution
Articles of Confederation
New Constitution
1787
1789
1792
1781
1776
“Confederation”
1789
1775
Constitutional
Convention
War
Over
French
Rev.
First Elections Held
George Washington
Elected President
-Takes office in 1789
-1st Congress Convenes
July 4th 1776
Declaration Of
Independence
Washington
Re-elected

13. National Archives: Houses the Declaration of Independence and the Constitution

17. Declaration of Independence John Adams clip

18. Excerpt from the Declaration of Independence
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

19. State Constitutions and the Articles of Confederation
State Constitutions were created immediately following independence
The colonies effectivly became sovereign “STATES”

20. America—The Confederation
The first government of the
United States was a loose
confederation among the States.

21. The ARTICLES OF CONFEDERATION
Est

23. Unicameral (one house) Congress
Structure of Government under the Articles of Confederation: NH MA RI CT NY PA NJ MD DE SC GA NC VA
Citizens of Each State
Elects State Gov’t
Unicameral (one house) Congress
Each State = 1 Vote
No Executive
No Judicial System

24. Articles of Confederation
Weaknesses:
1. One vote per states, regardless of size
2. Congress powerless to collect taxes
3. Congress powerless to regulate foreign and interstate commerce.
4. No executive branch to enforce acts of Congress
5. No national court system
6. Amendments only with consent of ALL states
7. A 9/13 majority needed to pass simply laws

25. Summary of Articles of Confederation
Essentially, there was no unity between the 13 states
Too difficult for the national government to make national laws let alone try to enforce the ones already in existence.
National govt. was at the mercy of the states

26. Constitutional Convention
The Articles of
Confederation fail…
New meeting =
Constitutional Convention

27. Constitutional Convention Philadelphia, 1787 Those who attended (55) were have become known as the “Framers” of the Constituion

28. Making a Constitution: The Philadelphia Convention
Gentlemen in Philadelphia
55 men from 12 of the 13 states
Mostly wealthy planters & merchants
Most were college graduates with some political experience and familiar with different forms of govt.
Many were coastal residents from the larger cities, not the rural areas
-- Relatively young—average age was 42 and nearly ½
were in their 30’s.
--Many fought in the Revolution

29. The Framers James Madison “Father of the Constitution”
Alexander Hamilton
George Washington—Elected President of Convention

30. Biggest Questions of the Convention:
What type of structure should replace the confederation?
How should states be represented?
Who should be counted into the population?
Who should head the executive branch?
PM or President, or Congress itself?

31. The Virginia Plan
Called for a strong National Government with 3 separate branches.
It favored large States because representation in congress would be based on state population

32. The New Jersey Plan
Called for a weak central government and a “plural executive” chosen by Congress
It favored small States because each State was given equal representation in the legislature.

33. The Connecticut Compromise
Congress should be composed of 2 houses.
In the smaller Senate, the States would be represented equally.
In the House, the representation would be based on population.
So important it is often called the “Great Compromise” since It was ultimately accepted by The Convention

34. The Three-Fifths Compromise
For every 5 Slaves in a state…
3 would be counted

35. Battle over Passage of the Constitution
On September,17, 1787, the Philadelphia Convention approved the Constitution.
However, before it could replace the Articles of Confederation, it had to be ratified by 9/13 states.

36. Goal:
Differentiate between the arguments of Federalists and Anti-Federalists.
What are the main ideas of Federalist #10, #51, #78, and Anti-Federalists?

38. Federalist v. Anti-Federalist
The Federalist favored Ratification of the Constitution.
Led by James Madison, Alexander Hamilton, John Jay
The Anti-Federalist opposed ratification of the Constitution, because they feared a stronger central government and also b/c there was not a “Bill of Rights”
A Bill of Rights (First 10 Amendments) would later be added to the Constitution.
Led by George Clinton, Robert Yates, Mercy Otis Warren, Richard Henry Lee, Patrick Henry
The disagreement was the beginning of the two-party system in America.

39. The Federalist Papers
A series of 85 published essays written by James Madison, Alexander Hamilton, and John Jay.
In these papers, they argued in support of ratification of the Constitution.
The Federalist Papers serve, and continue to serve, as a primary interpretation of the Constitution, as they outline the philosophy and motivation of the proposed system of government.

40. Federalist #10
Among the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of factions…….
By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community.

41. There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effect.
There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, the same interests……
Liberty is to faction what air is to fire…..
The second expedient is as impracticable as the first would be unwise…..

42. The inference to which we are brought is, that the causes of faction cannot be removed, and that relief is only to be sought in the means of controlling its effects.
If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote……
…..Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other…

43. …..Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens; or if such a common motive exists, it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other…
….Hence, it clearly appears, that the same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic---is enjoyed by the Union over the States composing it.

44. Federalist #10: A: James Madison (Publius) P: November 22, 1787
P: What is going on during this time? Set
the scene
A: Americans(N.Y)—especially those wavering
R: To gain support for ratification of the
U.S. Constitution which set up federal
republic—In response to Anti-Fed writings
T: A large republic will keep factions in check
S: Helped ratify Constitution, still used today primary interpretation of the Constitution, as they outline the philosophy and motivation of the proposed system of government

45. Federalist #51 Ambition must be made to counteract ambition.
But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.

46. Federalist #51 A: James Madison P: July 6, 1788
P: What is going on during this time?
A: Americans (N.Y.)
R: To gain support for ratification of the U.S.
Constitution which established federal
republic
T: Separation of Power/Checks and Balances will prevent any branch from becoming too powerful
S: Helped get ratification—Still used today

47. Answers: 1. To keep the others in check, system of checks and balances 2. Each dept have a will of their own, each dept be politically independent of each other 3. so they don’t rely on each other to act and therefore can act freely 4. Men abuse power and therefore need to be kept in check 5. the gov’t has to be able to control the governed but has to have limited powers 6. Legislative branch 7. dividing congress, giving the two houses two different means of election, fortifying the executive with veto power 8. power is divided between two distinct levels of gov’t, meaning state gov’t and fed and then each one subdivides into itself therefore double security; diversity of interests make it unlikely that tyranny will develop. In a small republic there is a greater chance that majority faction will develop and oppress the people. In a large republic there is less of a chance this will occur because the nation is so vast and such a multitude of interests exist

48. Federalist #78
…….the judiciary, from the nature of its functions, will always be the least dangerous…..The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the power of the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse…..
….No legislative act, therefore, contrary to the Constitution, can be valid……
….the independence of the judges may be an essential safeguard…..
There is a further and weightier reason for the permanency of the judicial offices….to avoid arbitrary discretion in the court…

49. Federalist #78 A: Alexander Hamilton P: June 14th, 1788
P: What is going on during this time?
A: Americans (New York)
R: To gain support for ratification
T: The Judiciary is the least powerful
branch, needs to be independent of other branches to keep them in check, need to keep justices term life to keep qualified and independent
S: Helped get ratification—Still used today

50. Anti-Federalist XV
…they have made the judges independent, in the fullest sense of the word. There is no power above them, to controul any of their decisions. There is no authority that can remove them, and they cannot be controuled by the laws of the legislature….
…The only clause in the constitution which provides for the removal of the judges from office…is for high crimes and misdemeanors…
…The power of this court is in many cases superior ot that of the legislature

51. Anti-Federalist XV A: Brutus—Probably Robert Yates P: March 20th 1788
P: What is going on during this time?
A: Americans
R: To question the U.S. Constitution and
work against its ratification.
T: The judiciary is too strong, should not
have life terms
S: Evaluation of Judiciary—Still used today to debate role and powers….

52. Success Constitution was officially ratified in June of 1788.
Elections were held shortly thereafter (Feb, 1789).
The first government began operating under our current Constitution in March, 1789.
To date, the Constitution has been in existence for nearly 223 Years!
2008 was the 55th Presidential Election in our history and elected the 44th President.

54. The Creation of the United States America
Colonization and Governance of America
British Policy Incites a Rebellion
The Continental Congresses and Colonial
Demands for Political Rights
Declaring Independence – Jefferson
Declaration of Independence
● Revolutionary War--Victory
● Critical Period: 1780’s
● Shay’s Rebellion: Significance?
The Creation of
the
United
States
America

55. Crafting the Constitution
● The State Constitutions
● The Articles of Confederation
The Virginia and New Jersey Plans
and the Connecticut Compromise
The Constitution’s checks on
representative democracy—Ex’s?
Conflict and compromise over slavery
The Federalist—Anti-Federalist debate
The Bill of Rights: Establishing
Civil Liberties
Crafting
the
Constitution

56. Practice FRQ Rubric: Directions: 2 points:
1.Underline verb, box buzz, circle primary
2. In a, b, c provide more examples than asked, in d. and e. only ONE
Content: Score FRQ out of 8 points:
A. 2 pts: Must have two accurate:
No executive, no judicial, legislature that did not consider population, 9/13 to pass laws, 13/13 to change Articles, no binding, legislature could not tax or regulate trade

57. b. One point: Legislature favored large states—based on population
c. One point: Legislature favored small states—each state one vote, doesn’t consider population
d. Two points: CAN ONLY HAVE:
Connecticut/Great Compromise (1 pt): Set up a bicameral legislature made up of the House—based on pop. and the Senate 2 per state (1pt).
Two points: CAN ONLY HAVE:
3/5 Compromise (1pt) Because of the dispute over slavery, southern states got to count 3 per every 5 slaves into their total state pop. This gave them more reps in the House (1 pt).

58. GOAL:
Format of the U.S. Constitution
Constitution Dig-In: Overview of important parts of Articles 1-7
27 Amendments

59. Constitutional Structure
Preamble
7 Articles
Article I—structure of the legislative Branch
Congress (House and Senate) qualifications, rules, duties, etc.
Article II—Executive Branch
Presidency—Qualifications, duties, impeachments, etc.
Article III—Judicial Branch
Establishes Federal Courts (Supreme) and inferior courts
Article IV—Relations between the states and obligations of the National government to the states.
Article V—Amendment process
Four methods of changing the Constitution are provided.
Article VI—Establishes the Constitution and laws from the National government as the Supreme Law of the Land.
Also mentions that no “religious test” shall ever be required as a qualification for public office.
Article VII—Ratification Process
9/13 states required to officially enact the Constitution and replace the Articles of Confederation.
27 Amendments

60. Constitutional Principles
Popular Sovereignty
Separation of Powers
Checks and Balances
Federalism
Limited Government
Judicial Review

61. Separated Powers & Checks and Balances

62. Preamble

63. 1. To form a more perfect Union
THE PURPOSE OF OUR GOV’T AS OUTLINED IN THE PREAMBLE OF THE CONSTITUTION
In union, there is greater strength

64. 2. To establish justice
The law should be administered fairly, reasonably and impartially

65. 3. To Insure Domestic Tranquility
Without order, people would live in anarchy
Provide for the Common
Defense
A State’s security depends on a
wise defense and sound foreign
policies

66. 5. To promote the General Welfare
To provide services and laws to protect everyone
6. To Secure the Blessings
of Liberty
To protect everyone’s freedom

67. Articles of the Constitution
Article I: The legislative branch Article II: The executive branch Article III: The judicial branch Article IV: Interstate relations Article V: The amendment process Article VI: The Supremacy Act Article VII: The ratification process

68. Scavenger Hunt Key

69. Article I: Set up the Legislative Branch

70. What should a 5th Grader know about Article I?
Article I created a Bicameral Body –Composed of 2 houses, an upper and a lower
MAIN DUTY—MAKE LAWS
House of Representative —lower house, closer to the people, Members—States reps based on population!
Term: 2 years—all up for re-election every 2 years
Constitutional Requirements: 25 years old, citizen for 7 years, resident of state
Senate —upper house, more prestigious (check on the “tyranny of the masses”) represents the interests of the state, initially elected by the state legislatures NOT the people of the state (changed by the 17th Amendment) TOTAL = 2 per state
Term: 6 years, only 1/3 are up for re-election in any given 2 year period
Constitutional Requirements: 30 years old, citizen for 9 years, resident of state

71. Article I: Powers of Congress & the Elastic Clause
Article 1, section 8 lists the “expressed” power of Congress. (also called enumerated powers). These are powers that are specifically granted to Congress.
Examples of expressed powers include:
Collect Taxes
Declare War, provide and maintain a Navy and Army
Regulate interstate commerce and inter-national trade
Coin money
At the end of all the expressed power is the sentence allowing Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers…”
This is known as the “Necessary and Proper Clause” because it give the national government flexibility in what additional laws need to be made in order to carrying out its expressed duties.
The laws that Congress gets from this clause are called Implied powers.
Because of this flexibility, the clause has been nicknamed the “Elastic Clause”

72. Expressed (enumerated) powers Listed in the Constitution
Examples of Expressed Powers and Powers Implied from the “Elastic Clause”
Expressed (enumerated) powers Listed in the Constitution
Implied power created since it is seen as “necessary & proper”
Congress can:
Borrow $, Print $
Implies the power to establish the Federal Reserve Bank
Congress can “raise an Army/Nave”
Implied Congress can implement a Draft
Congress can regulate interstate Commerce
Implies congress can establish a minimum wage since it affect interstate commerce

73. Elastic Clause in the News

74. Summary: Key Differences between House & Senate
Headed by Speaker of the House
Starts all Revenue Bills ($$)
Sole power of Impeachment –51% needed to bring charges
Selects President if no candidate receives a majority of electoral votes
BOTH
Vice President is President of Senate
Approving Treaties made by President with a 2/3 votes
Approving ALL presidential appointments with a 51% vote. (Advise and consent)
Conducts impeachment trial—2/3 vote needed to remove
Make up Congress
Pass a bill with 51% (President
must sign bill to become law)
Meet in Capital Building—
Washington D. C
Represent Constituents

75. Article I: Legislative Branch
Set up bicameral Congress
Requirements/Duties of House and Senate
Legislative Process (Bills to laws)
Enumerated Powers (delegated expressed powers)
Prohibitions on the States
Article I, Section 8, Clause 19: Necessary and Proper Clause-IMPLIED Powers (Elastic Clause)
►Strict Constructionists v. Liberal (Loose) Constructionists

76. Article II: Executive Branch What should a 5th Grader know about Article II?
Main duty of Executive: Enforce and carry out laws (oath)
President is Chief Executive Officer (CEO)
The President is Commander in Chief of Military
Can negotiate treaties (2/3 Senate must confirm)
Appoint federal judges and other officials (with senate confirmation)
Grant pardons to those convicted of federal (not state) crimes.
Power to VETO
Give the “state of the union” address… “from time to time…”
Term of office: 4 years—2 terms max
Constitutional Requirements: 35 years old, natural born citizen, live in US 14 years.

77. Article II: Executive Branch
Executive Powers/Responsibilities/Qualifications of the President
Impeachment

78. Article III: Judicial Branch
Main Duty: Interpret the law
Judicial Review-- the power to determine the constitutionality of an action of the government (SCOTUS case Marbury v. Madison (1803) established this precedent)
Judicial Review is not specifically mentioned in the Constitution, but most assumed it was a power the judicial branch inherently has.
All federal judges are appointed by the President, confirmed by the senate, and serve for life.
Removed only through impeachment
In most cases the judiciary has supported the constitutionality of government acts: but in more than 130 cases, the courts have found congressional acts to be unconstitutional, and they have voided thousands of acts of Sate and local government.

79. Article III: Judicial Branch
Federal Courts
Rights of Judges
Jurisdiction
Treason

80. Article IV: Relations between the states and obligations of the National government to the states.
Set up the framework for Federalism
Full Faith & credit —state must recognize the legal proceedings and records of other states
States must extradite fugitives back to state where crime was committed, treat other citizens equally, and make agreements with other states (interstate compacts) BUT not agreements with other nations.
States may not be created within states
States must have a republican (indirect democracy) form of government
National government must come to the aid of states when crisis occurs (invasion, natural disaster, etc.)
Hurricane Katrina
9/11

81. Article IV: State to State relations
Full Faith and Credit Clause
Interstate Compacts
Privileges and Immunities
Admission of States
National Government obligations to the States

82. Article V: Amendment Process
Amendment= An actual change/addition to the Constitution.
The Constitution has been amended 27 times in the 223 years of its existence.
The first 10 (Bill of Rights) were ratified in the first 2 years the Constitution was in place.
The Framers provided 4 methods to formally amend the Constitution.

83. Article V: Formal Amendment Process
Process to add amendments to the U.S. Constitution

84. The 4 methods are:  
Method 1 = Amendment proposed by Congress by a 2/3 vote in both houses. The Amendment is then ratified when State Legislatures in ¾ of the states approve it.
Method 2 = Amendment proposed by Congress by a 2/3 vote in both houses. The Amendment is then ratified when Conventions in ¾ of the states approve it.

85. Amendment Methods Cont’d
Method 3 = Amendment proposed at a National Convention called by Congress when 2/3 of State Legislatures request one. The Amendment is ratified when it is approved by ¾ of the State Legislatures.

86. What do these methods have in common?
2/3 of Congress to propose the amendment.
¾ of States needed approve an amendment.

87. Constitutional Amendment Process

88. Article VI
Article VI—Establishes the Constitution and laws from the National government as the Supreme Law of the Land.
Also mentions that no “religious test” shall ever be required as a qualification for public office.

89. Article VI: Supremacy Clause
Debt
Oath

90. Article VII: Ratification Process 9/13 colonies needed to replace Articles of Confederation

91. Article VII: Ratification
9/13 states needed to ratify

92. 27 Amendments
1st: Freedom of: religion, speech, press, assembly, petition
2nd: Right to bear arms
3rd: Cannot quarter soldiers
4th: Freedom from illegal search and seizure
5th: Due Process: right to remain silent
6th: Right to speedy trial, confront witnesses, attorney
7th: Jury trial in civil case (over $20)
8th: Protection from cruel and unusual punishment
9th: Other freedoms not mentioned in Constitution
10th: Federalism: states rights
11th: Limits on suits against states
12th: Revision of electoral college system
13th: Slavery is abolished
14th: Equal protection of the laws
15th: Black suffrage

93. 16th: Congress can collect income taxes
17th: Direct election of senators
18th: Prohibition
19th: Women’s suffrage
20th: Federal terms of office and emergency presidential
succession
21st: Repeal of prohibition
22nd: Two-term limit on presidency
23rd: D.C. gets 3 E.C. votes
24th: No poll taxes
25th: Presidential disability and succession
26th: Changed voting age to 18
27th: Congressional pay raises

94. The 27 Amendments

95. Civil Liberties: 1st Amendment
Civil liberties—Constitutional freedoms that protect individual rights from being violated by the government.
The first amendment reads: “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.”

96. The first 10 Amendments make up the Bill of Rights
Amendment 1 protects 5 basic liberties that MUST exist in a free society
Religion (the following two parts create a “separation” between religion and the state)
No State Establishment of Religion
Free Exercise thereof
Assemble (protest)
Press (media)
Petition (lobby government)
Speech /expression
Free Market place of ideas
Bill of Rights Rap

97. Amendment 2 = Right to (2) Bear Arms…or is it? CLIP
“A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
--I have 2 ARMS!!!!
RIGHT 2 BEAR ARMS

98. Amendment 3 No quartering of soldiers required during time of peace
No “3rd parties”??
Quartering means?
Being forced to keep soldiers in your house.

99. Amendment 4 Protects people against illegal searches and seizures.
Search warrants based on “probable cause” are required and need to be specific.
To get a search warrant the government needs to show “probable cause.”
Protection 4 You. DOOR=Four

100. Rights of the Accused
Amendment 5 = Due Process (government must respect all of the legal rights of a person), No Double Jeopardy, and right to abstain from testifying against yourself, eminent domain
“Plead the 5th”
“Miranda Rights” are based off of this Amendment.
Eminent Domain
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. During any questioning, you may decide at any time to exercise these rights, not answer any questions or make any statements. Do you understand these rights?

101. Rights of the Accused
Amendment 6 = Right to a speedy trial by a jury of your peers and the right to seek advise and counsel from a lawyer
6 letters in…….
S p e e d y …..and
L a w y e r

102. Rights of the Accused
Amendment 7 = Right to a jury trial in Civil Cases (non-criminal cases usually involving $$ compensation).
“Civil Seven”
Amendment 8 = Protects citizens against cruel, unusual or excessive punishment.—death penalty?
In some ancient cannibalistic cultures, they (ATE) 8 you as a punishment….ATE is cruel….8
The Controlled Substances Act does not empower the Attorney General of the United States to prohibit doctors from prescribing regulated drugs for use in physician-assisted suicide under state law permitting the procedure. Ninth Circuit Court of Appeals affirmed.

103. 9th Amendment
Amendment 9 = Says that the rights listed are not comprehensive thereby protecting all basic rights of citizens even if not mentioned specifically in the Constitution.
9 turned around is a….
b….
basic! b then flipped up is a P=PRVIVACY!!
Gonzales v. Oregon (2006) –is the right to die a basic right?
The Court ruled that the Federal government could not block Oregon’s law allowing doctors to assist terminally ill patient’s die
Is Privacy a basic right?
The Controlled Substances Act does not empower the Attorney General of the United States to prohibit doctors from prescribing regulated drugs for use in physician-assisted suicide under state law permitting the procedure. Ninth Circuit Court of Appeals affirmed.

104. Amendment 10 = Powers reserved to the States.
10th Amendment: Says that all powers not specifically granted to the national government are reserved for the states—“RESERVED POWERS”
This is an example of which basic principle of the Constitution?
Federalism, remember division of powers between state and national government.
10 letters in federalism!!!!
When you hear federalism-
think 10th amendment, when
You hear 10th amendment =
FEDERALISM

105. Amendments 11,12,
11th Amendment: Federal courts have no jurisdiction in cases involving States that are sued by citizens from another state or country. The amendment recognizes that states have a certain degree of sovereign immunity 1 on 1 with the state
12th Amendment: Separated the Election of President and Vice President (#1 and #2) for members in the electoral college. (passed in response to the election of 1800)

106. Amendments 13,14,15 (civil War Amendments)
13th Amendment (1865)—Ended Slavery 13 typically unlucky—slavery bad
14th Amendment (1868)—States forbidden to pass laws that will deprive life, liberty, and property without due process. States must give all citizens equal protection under the laws = 5 Letters in EQUAL
Also defines citizenship and repealed 3/5 compromise.
15th Amendment (1870)—Right to vote cannot be based on race or color--???HELP!!

107. Amendments 16,17,18,19 16th Amendment—Created the Income tax
16?– normal age of first job? Tax?
17th Amendment—Popular, statewide, election of senators
(SENteenth….)
18th Amendment—prohibited intoxicating liquors/alcohol (prohibition)
18 and 21---VICE years.
19th Amendment—Right to vote (suffrage) for women…nineteenth…..proposed in 1919.
End Women’s Suffrage?

108. Amendments 20,21,22
20th Amendment—changed the inauguration of a new president from March to January 20th. Hmm…?
21st Amendment—Repealed the 18th Amendment—allowed citizens to drink alcohol…..age to drink??
...21.
22nd Amendment—limits the number of presidential terms to two---
“TO TWO” (22)

109. Amendments 23,24 24 2+4=6… 6…teen..16 Poll Tax Tax
23rd Amendment—Washington D.C. given 3 votes in the Electoral College so that citizens living in D.C. could vote for the president.
2 Washington 3 electoral votes were given…
23 DC
24th Amendment—Abolished the Poll tax on voting
(2+4 = 6…teen,..16th amendment…taxes?) 24
2+4=6…
6…teen..16
Poll Tax
Tax

110. Amendments 25,26,27
25th Amendment—established official rules for presidential succession (McKinley was 25th president)
26th Amendment—Age to vote lowered to 18 (1971)
2 + 6 = Eighteen.
….Or… = 18
27th Amendment –Congressional pay raises will not be in effect until next term of office (1992)
1x9= x2= =27

112. Constitutional Interpretation by the U. S. Supreme Court Marbury v
Constitutional Interpretation by the U.S. Supreme Court Marbury v. Madison (1803)

113. Constitutional Interpretation by the U.S. Supreme Court
● Might look at how the court has ruled in the past ● Might try to ascertain what the authors of Constitution meant ● Might consider the policy implications of differing interpretations, gauging against mission presented in preamble ● Judicial Review: Marbury v. Madison, Plessy v. Ferguson and Brown v. Board ● Current reinterpretation issues: technology, detainees in Guatanimo ● Concern over: Judicial Activism

114. Study the Chapter: http://www.mhhe.com/harrison1e

115. What to Study: Text, Notes, Packet—Buzz Words and Objectives
Barrons AND more review on WEBSITE
Other topics..hint, hint:
Amendment Process
What are the “undemocratic” characteristics of the original Constitution?
How have we changed those through the years (amendments?)
Review amendments that expand voting rights

116. Current Event Headlines:
“Learning by Playing: Video Games in the Classroom”
“Do Americans want to extend tax cuts for wealthy?”
“What your cell phone could be telling the government”
“Gay Advocates Take on McCain in D.C.”
“Obama to announce expansion of education campaign”
“Lawmakers say Obama promises he’ll push DREAM Act”
“Poverty Rate Climbs in Recession, One in Seven Now Poor”
“Mayor Richard Daley of Chicago will not run again”
“Pelosi Calls for Vote on Obama Middle-Class Tax Cuts”
“Senate passes $30 billion small business credit measure”
“Same-Sex Marriage, Civil Unions, and Domestic Partnerships”
“Cleveland plans to enforce recycling with RFID and $100 fines”
“Nose ring more than fashion, it’s faith”
“Pros and Cons of Legalizing Marijuana”