Warm-up #3 1. What did Patrick Henry and other antifederalists dislike about the Constitution? 2. List the 3 branches of U.S. government. 3. Let’s see what you already know about the Constitution. List and describe as many constitutional rights you can. Agenda 10/6/2010 Thursday 1. Warm-Up 2. Notes: The 6 Basic Principles of the Constitution 3. School House Rock 4. Preamble Exercise Homework Study for Quiz #2 Preamble Worksheet #4 Outline Articles 1-7 in textbook pgs 760-771 The 6 Basic Principles of the Constitution The Constitution • Is the supreme law of the land • Everyone has to answer to the Constitution Think of the Constitution as the Optimus Prime of all legal documents The Preamble • We the people, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Preamble Song The Constitution • The Constitution is broad, general, nonspecific and open to interpretation For Example: You are a piece of $%^&! …Oh heh heh no, juuust FIRE! kidding… Fiiiiire!! It does not outline exactly what we can and cannot say. That needs to be determined by who…??? The U.S. Supreme Court! (Our JUDICIAL BRANCH) Six Principles of the U.S. Constitution **The Constitution is based on Six Principles** • • • • • • Popular Sovereignty Limited Government Judicial Review Separation of Powers Federalism Checks & Balances 1. Popular Sovereignty The power of rule lies within the hands of the people 2. Limited Government Government is not all powerful; has limited power 3. Judicial Review • The Judicial Branch (the Supreme Court) has the right and the responsibility to check the actions of the president (executive) and Congress (legislative) I’m watching you! Marbury v. Madison (1803) Give me my job or I’m taking you to court! vs Bring it Marbury! Denying your job is unconstitutional… but you still lose on technicality, Marbury… 3. Judicial Review • Marbury v. Madison (1803) This was the first time the Supreme Court declared an action “unconstitutional” This landmark case gave the Supreme Court a lot more power than ever before 4. Separation of Powers (The Three Branches) Executive Legislative •3 Ring Government Judicial Executive • President and commander in chief • Veto Power • Enforces Law Legislative • • • • Tax and borrow money Declares war Raise an army Make Laws Judicial • Interprets the Constitution and the laws by hearing court cases 5. Federalism- sharing power National Powers Shared Powers State Powers 5. Federalism- When national and state governments share power Federalism National • • • • • • • Regulate trade Coin money (literally create money) Raise an army Buy land Immigration Wage war Make treaties State Powers • • • • • Create school systems Marriage laws Protect public health Create state constitutions Conduct elections Shared • • • • Set and collect taxes Set up courts Make and enforce laws Take land for public use 6. Checks & Balances Check yourself fool! 6. Checks & Balances Branch Responsible Action Branch that checks How action is checked Executive Sends Troops Legislative Declares War Legislative Makes laws •Executive •Judicial •Recommends & Vetoes laws •Interprets laws Executive Vetoes laws Legislative Congress overrides veto with 2/3 vote Judicial Interprets laws Executive Grants pardons Your Homework… • PLEASE WRITE THIS DOWN – Briefly look at the outline of the Constitution on pages 758-759 – Skim through Articles 1-7 on pages 760-771 – You only need to read the first section of each article to get the main idea – List and describe Articles 1-7. Due THURSDAY 10-7-2010 Article 1- Legislative Department • Congress, our nation’s legislative department, should be made up of 2 houses: – House of Representatives – Senate Thursday 10/7/2010 • Agenda – – – – Quiz #2 Collect Homework Review Articles Notes: Bill of Rights • Homework – Constitution Book due Thursday 10/14 or Friday 10/15 Quiz #2 (2 pts each) • 1. 2. 3. • 4. Write the correct principle for each description The branches watch each other’s actions and make sure no one branch is stronger than the other The power of rule lies with the people Federal and State governments have powers of their own while other powers are shared Finish the phrase of the preamble: “We the people of the U.S. ___________...” Bill of Rights • 1st 10 Amendments to the Constitution • Outlines our personal, individual rights Amendment First Second Third Fourth Fifth Bill of Rights Explanation Freedom of religion, speech, press, assembly, & petition Right to possess weapons Citizens are not required to house soldiers during peacetime or war Protects people from unreasonable searches & seizures Protects the rights of the accused, includeing required indictments, double jeopardy, selfincrimination, due process, and just compensation of property Bill of Rights – cont. Amendment Sixth Seventh Explanation Guarantees a speedy and public trial, counsel, the confrontation by a witness and the right to call one’s own witness on their behalf Right to a jury trial in civil cases Eighth No excessive bail or cruel & unusual punishment Ninth Unenumerated Rights: Rights that are not mentioned in the Constitution the people may still have Tenth Federalism/State’s Rights:Powers not given to Additional Important Amendments Amendment Explanation Thirteenth Outlawed Slavery Fourteenth Equal rights of citizens (gave AA citizenship) •Equal Protection Clause •Due Process Clause Fifteenth Nineteenth First attempt to give AA males the right to vote Gave women the right to vote Twenty-Second Presidential Tenure (2 terms) Twenty-Sixth Legal voting age 18 Constitutional Amendment • 2/3 vote in each house of Congress • ¾ of the total state legislatures Executive – 3/4 out of 50 states Legislative – State legislatures is equivalent to the state congress Judicial WATCH BILL!!! State National Governor President State Legislature •State Senate •State Assembly U.S. Congress •Senate •House of Representativ es State Supreme Court U.S. Supreme Court