the basis for our government. what was life like in america before the constitution? 1. native...

The Basis for our Government

The United States Constitution

What was life like in America before the Constitution?1. Native Americans Didn’t get along with the colonists (French & Indian

War)2. The ColoniesA. 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. SlavesTriangular Trade and the Middle Passage; more in the South (plantations)

4. Attempts at Self GovernmentExamples: The Mayflower Compact, House of Burgesses, and N.E. Town Meetings5. American Revolutionary WarFought for independence from Great Britain6. The Article of ConfederationCreated a weak central government, and

protected individual states’ rights7. Compromising the ConstitutionA. The Great Compromise

B. Commerce Compromise C. 3/5ths Compromise

8. Anti-federalist vs. Federalists Differed about the Constitution

Background Information

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 itThe Founding Fathers listed the following reasons:

Create a better, stronger national governmentEnsure a system of justiceProvide for peace at homeProvide for the defense of the nationsPromote the well being of peopleSecure liberty to the people and future generations

Part 1: The Preamble

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

Part 2: The Basic Principles

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

System of Federalism (cont.)Delegated Powers: Powers designated to the

national governmentConcurrent Powers: Powers shared by national

and state governmentsReserved Powers: Powers designated to state

governmentsDenied Powers: Certain powers denied to

governmentsImplied Powers: Powers given to the national

government but not stated in writingExample: Child labor laws and interstate commerce


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


Part 2: The Basic PrinciplesExecutive 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

SenateHouse 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

Flexibility meeting the changing conditions of the nationElastic 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


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)

Part 3: The Basic Organization & Functions

THE HOUSE OF REPRESENTATIVE

THE 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

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 taxes 7. Establish post offices

2. Borrow money 8. Grant patents/copyrights

3. Regulate commerce

9. Create smaller courts

4. Naturalization laws

10. Punish piracies

5. Coin money 11. Exercise jurisdiction over D.C.

6. Punish counterfeiters

12. Declare war 15. Make laws for armed forces

13. Support armies 16. Call forth militias

14. Maintain navy 17. Organizes armed forces

Peace Powers

War Powers

Article I: The Legislative Branch (cont.)Implied Powers

Make all laws necessary and proper for carrying into executive foregoing powers such as:Punishing federal crimesFederal Reserve System Improve waterwaysSetting minimum wage


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


Article II: The Executive Branch (ENFORCES LAWS)

What makes up the Executive Branch?The President and Vice President


Presidential Roles and Powers


ROLE POWERS

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)

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. State 6. Agriculture 11. Transportation

2. Treasury 7. Commerce 12. Energy

3. Defense 8. Labor 13. Education

4. Justice 9. Health & Human Services

14. Veterans Affairs

5. Interior 10. Housing & Urban Development

15. Homeland Security (2001)

Article II: The Executive Branch (cont.)How do we elect the President of the United States?

The Electoral College SystemStep 1: Voters cast ballots for electors to represent themStep 2: These electors cast the actual votes for President

and Vice PresidentWhat 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


Electoral College Map

Article II: The Executive Branch (cont.)Issues with the Electoral College System

It’s a “winner takes all” systemThe 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 overrepresentedElectors are not required by law to vote for the

candidate who wins their stateWhy don’t we get rid of it then?

Hard to amend the ConstitutionSmall states would lose advantageMight threaten the two-party political system

Part 3: The Basic Organization and Functions

Article III: The Judicial BranchWhat makes up the Judicial Branch?

The Supreme Court and the national court system

What are the jobs of the Judicial Branch?


JURISDICTION JUDICIAL 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

When amendments are added to the Constitution, the document is being formally changed

The Formal Amendment Process

Part 4: Amending the Constitution

1st Freedom of speech, press, religion, assembly, and petition

2nd Right to bear arms

3rd Government can not require people to house soldiers during peacetime

4th Protects against unreasonable search and seizure

5th Protects against self-incrimination (I plead the 5th) and double jeopardy (can’t be charged with same crime twice) **DUE PROCESS**

6th Right to a speedy trial, public trial, confront witnesses, and legal counsel

7th Right to trial by jury in most civil cases

8th Prohibits excessive bail, fines, and cruel and unusual punishments

9th Rights not mentioned in the Constitution belong to the people

10th Powers not given to the national government belong to the states or people

The AmendmentsThe first ten amendments outline the basic rights of the people against the power of federal government

11th Grants states immunity from certain lawsuits

12th Separates voting for the President and Vice President

13th ***

Abolishes slavery

14th ***

Defines citizenship; equal protection under the law

15th ***

Grants voting rights to African American males

16th Give Congress the power to tax incomes

17th ***

Direct election of U.S. Senators by the people, not through legislature

18th ***

Prohibition; bans manufacture, sale, and transportation of alcohol

19th ***

Grants voting rights to women

The AmendmentsSeventeen amendments have been added to the Constitution between 1795 and 1992

20th Shortens the time between election of the President and their start of term of office

21st Repeals the 18th Amendment

22nd Limits president to 2 terms (8 years)

23rd D.C. gets the right to vote and electoral college votes

24th “For the Poor”- Abolishes poll taxes as voting qualification

25th Rules for Presidential succession

26th Lowers voting age to 18 (Vietnam War)

27th Bans midterm congressional pay raises

The Amendments

QUIZ tomorrow!

Tinker v. Des Moines (1969)People Involved: Students and School DistrictBackground 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: 1st AmendmentOutcome: Students do NOT shed their rights

at the schoolhouse gate. The armbands were a form of silent protest that did not harm others.

Part 5: Supreme Court Cases

West Virginia Board of Education v. Barnette (1943)People Involved: Students and School DistrictBackground 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: 1st AmendmentOutcome: Students cannot be forced to say the

Pledge of Allegiance due to their 1st amendment right of religious freedom.


Miranda v. Arizona (1966)People Involved: Accused criminalsBackground 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: 5th AmendmentOutcome: “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*


New Jersey v. T.L.O (1985)People Involved: Students and School DistrictBackground 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: 4th AmendmentOutcome: The search did not violate the Constitution and

established more lenient standards for reasonableness in school searches.


Schenck v. United States (1919)People Involved: ProtestorsBackground 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 13th amendment. The government charged him with violating the Espionage Act, by going against the American forces. Schenck felt that his 1st Amendment freedom of speech was being restricted.

Amendments Involved: 1st AmendmentOutcome: 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)


Engel v. Vitale (1962)People Involved: Students and School DistrictsBackground 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: 1st and 14th AmendmentsOutcome: Separation of Church and State. Forced prayer

in public schools is unconstitutional.


Rideau v. Louisiana (1963)People Involved: Accused criminalsBackground 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: 5th AmendmentOutcome: Rideau’s 5th Amendment right of due process of law

was violated. Did not receive the “right to a fair trial”.


Gideon v. Wainwright (1963)People Involved: Accused criminalsBackground 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: 6th and 14th AmendmentsOutcome: Criminals must be given a lawyer if they cannot

afford one.


Mapp v. Ohio (1961)People Involved: Accused criminalsBackground 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: 4th and 14th AmendmentsOutcome: 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.


Vernonia School District v. Acton (1995)People Involved: Students and School DistrictsBackground 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: 4th AmendmentOutcome: 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.


Washington v. Chrisman (1978)People Involved: Accused criminalsBackground 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: 4th AmendmentOutcome: “Plain view” exception. Although the officer did not

have a search warrant, the marijuana was in plain sight.


Francis v. Resweber (1947)People Involved: Accused criminalsBackground 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 (5th amendment) and cruel and unusual punishment (8th amendment)

Amendments Involved: 5th and 8th AmendmentsOutcome: Court ruled that it did not violate his 8th 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


Marbury v. Madison (1803)People Involved: Supreme CourtBackground Information: Dealing with the

election of 1800 and the commissions given.Amendments Involved: Checks and BalancesOutcome: Established judicial review. Gave

the Supreme Court the power to determine whether laws/actions are constitutional or unconstitutional.


McCulloch v. Maryland (1819)People Involved: Federal and state

governmentsBackground Information: Dealt with the

creation of a National Bank and who would control it and tax it.

Amendments Involved: FederalismOutcome: 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.


Gibbons v. Ogden (1824)People Involved: Federal and state governmentsBackground 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: FederalismOutcome: Federal government has power over interstate

commerce (trade).


Worcester v. Georgia (1832)People Involved: Native AmericansBackground 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: FederalismOutcome: Federal government has the power over the

settlement of lands (Trail of Tears)


Dred Scott v. Sandford (1857)People Involved: African American slavesBackground 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 14th AmendmentOutcome: 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.


Plessy v. Ferguson (1896)People Involved: African AmericansBackground 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: 13th and 14th AmendmentsOutcome: Set the precedent that "separate" facilities for

blacks and whites were constitutional as long as they were "equal.“ Separate but equal was okay!


Korematsu v. United States (1944)People Involved: Japanese AmericansBackground 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: 14th AmendmentOutcome: 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.


Brown v. Board of Education of Topeka, Kansas (1954)People Involved: African AmericansBackground 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: 14th AmendmentOutcome: Overturned Plessy v. Ferguson ruling. “Separate

but equal” was Unconstitutional. Leads to the integration of schools. Bans segregation.


New York Times Co. v. U.S. (1971)People Involved: The Press and the PresidentBackground 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: 1st AmendmentOutcome: Reasoned that since publication would not cause

an inevitable, direct, and immediate event imperiling the safety of American forces, prior restraint was unjustified.


Roe v. Wade (1973)People Involved: WomenBackground 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: 1st, 4th, 5th, and 14th AmendmentsOutcome: Supreme Court invalidated any state laws

that prohibited first trimester abortions.


the basis for our government. what was life like in america before the constitution? 1. native...

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