Unit One – “Why THIS type of government? How did we get here?” Values Addressed: Citizenship, Democracy, Equality, Freedom of Conscience and Expression, Liberty Bell Ringer • Journal Entry – Write a well-developed paragraph over the topic, “Which policies of the government make your life better? Which do you think make your life worse?” Unit 1 Day 1 • Essential Question – How do various theories explain the origin of government? Aristotle • Scholar in ancient Greece • Was one of the first students of government Important Terms • • • • • • • State Sovereignty Nation Nation-state Consensus Government Social Contract • Use chapter 1, section 1 to define these terms!! Essential Features of a State • Population – most essential feature – Affects the political organization through stability and mobility • Territory – The exact location or shape of political boundaries is often a source of conflict among states • Sovereignty – State has absolute authority within boundaries • Government – Maintains order Purposes of Government • To maintain social order • To provide public services • To provide for national security and a common defense • To provide for and control the economic system Government’s Authority • Legitimacy – The willingness of citizens to obey the government • Coercive – Government can force people to pay taxes and can punish offenders Create a Graphic Organizer • -Using page 8-9, create a graphic organizer of the ‘Major Political Ideas’ – – – – The Force Theory The Evolutionary Theory The Divine Right Theory The Social Contract Theory Theories of the Origin of the State • Evolutionary Theory – Head of primitive family was the authority • Force Theory – Government emerged when all the people of an area were brought under the authority of one person or group • Divine Right Theory – Notion that a god or gods chose a certain person to rule • Social Contract Theory – By contract, people within a given area agreed to give up to the state as much power as was needed to promote the safety and well-being of all Review 1. What are five ways you can be an effective and thoughtful citizen? 2. Who was one of the first students of government? 3. What are the four essential features of a state? 4. What are two purposes of having a government? Bell Ringer – Match the correct form of government with the correct leader. Answers to Bell Ringer • • • • • • • • Tony Blair – Unitary, Democratic, Parliamentary Adolf Hitler – Presidential, Oligarchic Hirohito – Oligarchic Franklin D Roosevelt – Federal, Presidential, Democratic Thabo Mbeki – Unitary, Democratic, Presidential George W. Bush – Federal, Presidential, Democratic Winston Churchill – Unitary, Democratic, Parliamentary Queen Elizabeth II – Unitary, Democratic, Parliamentary Bell Ringer • Define the following terms: (Chapter 1, sections 2 and 3) – – – – – – – – Unitary System Federal System Confederacy Autocracy Monarchy Oligarchy Democracy Republic Bell Ringer – Crossword Puzzle • • • • • • • • • • Absolute Monarch Autocracy Communism Confederacy Constitution Constitutional Law Democracy Direct Democracy Divine Right Federal System • • • • • • • • • • Force Theory Government Monarchy Oligarchy Preamble Political Party Representative Republic Social Contract Sovereignty Different Types of Governments throughout HISTORY Unit 1 Day 2 - EQ - How does the American distribution of power compare with other forms of government around the world? Unitary, Confederal, Federal • There are three basic types of distribution of sovereignty: federal, unitary and confederal. – Unitary - practically all political power lies with a central government (i.e. United Kingdom) – Confederal - sovereignty is located in regions/provinces/states and only limited power is granted to the central government (Articles of Confederation) – Federal - recognizes the division of sovereignty between the central government and provinces/regions/states (US Constitution) Oligarchic and Democratic • Oligarchic – political power rests with a small, elite segment of society (either because of wealth, family, or military) • Autocratic – power and authority to rule are in the hands of a single individual – Totalitarian Dictatorship – single leader glorified – Monarchy – kings and queens • Democratic – political power is shared by all the people 4 types of Democratic Systems of Government: 1. Representative - involves the selection of government officials by a majority of votes by the people being represented. 2. Liberal - is a representative democracy along with the protection of minorities, the rule of law, separation of powers, and protection of liberties: speech, assembly, religion, and property 3. Direct - is a political system where the citizens vote on major policy decisions. Most direct democracies to date have been weak forms, relatively small communities 4. Socialist - combines consensus democracy with representative democracy. Presidential • Presidential – also called a congressional system, is a system of government where an executive branch exists and presides separately from the legislature, to which it is not accountable and which cannot in normal circumstances dismiss it – Republican Presidential systems • • • • President is the head of state and head of government President does not have the ability to legislate directly President has a fixed term of office President has the power to pardon or commute sentences – Non-Republican Presidential systems • A dictator not popularly or legitimately elected are sometimes styled "president". • many parliamentary democracies have presidents, a position which is largely ceremonial Parliamentary • Parliamentary - is distinguished by the executive branch of government being dependent on the direct or indirect support of the parliament – There is no clear-cut separation between the executive and legislative branches – Has a clear differentiation between the head of state (president) and the head of government (prime minister) – Two types of Parliamentary systems • Westminster System (i.e. United Kingdom) • Western European Parliamentary Model (i.e. Spain, Germany) 3-2-1 • 3 – Ways Oligarchic and Democratic forms of government differ! • 2 – Ways Presidential and Parliamentary are similar! • 1 – The type of government that the United States has TODAY! Bell Ringer Journal Entry - Students will write a welldeveloped paragraph over the topic, “If you were put in charge of a country, how would your government look and run? Why did you make the decision that you made? Is it beneficial for all citizens of your country or just those in charge? How would your government compare to that of the United State’s government?” Flip Chart Thomas Hobbes Magna Carta John Locke Petition of Rights Montesquieu English Bill of Rights Unit 1 Day 3 – English Documents and Philosophers EQ – How was America’s government influenced by English documents and philosophers? SSCG1 An English Political Heritage • The English colonists advanced two basic political principles: – limited government—the concept that a monarch’s power is limited, not absolute – representative government— a government in which people elect delegates to make laws and conduct government An English Political Heritage (cont.) • The Magna Carta came to represent the idea of limited government to protect from: – unjust punishment and the loss of life, and – levying of taxes without popular consent. • The Petition of Right limited the power of Charles I by preventing him from collecting tax without Parliament’s consent. An English Political Heritage (cont.) • The English Bill of Rights advanced several principles including: – Monarchs do not have absolute authority. – The monarch must have Parliament’s consent to suspend laws, levy taxes, and maintain an army. – The monarch cannot interfere with parliamentary elections. The English Bill of Rights was established to B A A. A B. B 0% C.0% C 0% C A. limit the power of the monarch. B. strengthen the monarchy’s absolute power. C. permanently dismantle the monarchy. Thomas Hobbes THE SOCIAL CONTRACT • All power is transferred from subjects to Hobbes sovereign authority the Leviathan. • Government is set up by a covenant that transfers all power and authority to the sovereign. Thomas Hobbes Social Contract Theory Thomas Hobbes promoted the idea of a social contract in which people surrendered their freedom to the state, but in return they received order and security. John Locke • In Locke’s Two Treatises of Government´ (1689), he starts out with the concept of the state of nature. • Before government, people in their natural state were free and equal, because God did not give anyone superiority over anyone else. • People are free in not being subject to another. • People are not born into submission, except unto God. John Locke – Second Treatise on Government – John Locke believed that in a state of nature, men and women had certain natural rights including the rights to: • life, • liberty, and • property. – Locke’s social contract was made between the people and a government that promised to preserve these natural rights. Charles Montesquieu – The Spirit of Laws - Montesquieu argued that the best government would be one in which power was balanced among three groups of officials. - He thought England – which divided power between the executive (i.e. the king – who enforced laws), legislative (i.e. Parliament – which made laws), and the judicial (i.e. judges of the English courts – who interpret laws) was a good model of this. Separation of Powers Charles Montesquieu – The Spirit of Laws - Montesquieu called the idea of dividing government power into three branches the “separation of powers.” - According to Montesquieu, each branch of government could check the power of the other two branches called “checks and balances”. According to Thomas Hobbes’ social contract theory, what did the people receive in exchange for surrendering their freedom to the state? 0% D A B C 0% D C A 0% A. B. C. 0% D. B A. liberty B. security C. money D. property Post-its 1. What were Montesquieu’s two major principles that the United States used in the U.S. Constitution? 2. What type of government did Hobbes believe was best for the people? 3. What were the natural rights that John Locke believed that all humans were born with? Bell Ringer 1. Look over the “My Country’s Government” paper that is located on the projector box. 2. Choose a partner that you want to work with on this project and start discussing which country you would like to research for this assignment. Bell Ringer – Journal Entry • How does the country’s government that you researched in the computer lab for your project, compare and contrast to that of the United States? STUDY FOR 10 MINUTES QUIETLY FOR YOUR QUIZ!! Bell Ringer (After Quiz) • Vocabulary Activity – Chapter 2 – You will need your textbook off of the shelf, grab your numbered book! Unit 1 DAY 4 ESSENTIAL QUESTIONS: 1. How did American independence come about, and what were its effects? British Colonial Policies • Until the mid-1700s, the colonies were allowed a great deal of freedom in their governments by the English monarchy. • In 1760, King George III imposed new taxes and laws on the colonists. • The colonists started a confederation, proposed an annual congress, and began to rebel. Growing Colonial Unity Early Attempts • In 1643, several New England settlements formed the New England Confederation. • A confederation is a joining of several groups for a common purpose. The Albany Plan • In 1754, Benjamin Franklin proposed the Albany Plan of Union, in which an annual congress of delegates (representatives) from each of the 13 colonies would be formed. The Stamp Act Congress In 1765, a group of colonies sent delegates to the Stamp Act Congress in New York. These delegates prepared the Declaration of Rights and Grievances against British policies and sent it to the king. The Continental Congresses First Continental Congress • The colonists sent a Declaration of Rights to King George III. • The delegates urged each of the colonies to refuse all trade with England until British tax and trade regulations were repealed, or recalled. Second Continental Congress In 1775, each of the 13 colonies sent representatives to this gathering in Philadelphia. The Second Continental Congress served as the first government of the United States from 1776 to 1781. Common Features of U.S. and State Constitutions Common Features of State Constitutions Popular Sovereignty The principle of popular sovereignty was the basis for every new State constitution. That principle says that government can exist and function only with the consent of the governed. The people hold power and the people are sovereign. Limited Government The concept of limited government was a major feature of each State constitution. The powers delegated to government were granted reluctantly and hedged with many restrictions. Civil Rights and Liberties Separation of Powers and Checks and Balances In every State it was made clear that the sovereign people held certain rights that the government must respect at all times. Seven of the new constitutions contained a bill of rights, setting out the “unalienable rights” held by the people. The powers granted to the new State governments were purposely divided among three branches: executive, legislative, and judicial. Each branch was given powers with which to check (restrain the actions of) the other branches of the government. American Independence • On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence. • Between 1776 and 1777, most of the States adopted constitutions instead of charters. Quick Assessment 1. The Declaration of Independence was signed in – – – – (a) 1765. (b) 1776. (c) 1781. (d) 1787. 2. The Stamp Act of 1765 was a law enacted by the British that – – – – (a) increased the colonists’ taxes. (b) was repealed by the Magna Carta. (c) the colonists ratified one year later. (d) raised the price of postage stamps by two cents. Bell Ringer • Grab “In the Course of Human Events…” off of the top of the projector box. • Read and complete questions 1-10. • You MAY write on this paper!! Unit 1 Day 5 EQ – How does the theories in the Social Contract compare to that of the Declaration of Independence? SSCG2a Discussion on Declaration of Independence - Declaration of Independence - Continental Congress (1776) - Representatives from 13 colonies met in Philadelphia - Thomas Jefferson wrote majority of the Declaration of Independence - Approved on July 4, 1776 - Explain the reasons the 13 colonies decided to separate from Great Britain and to form an independent country. - The colonists believed that the power of the government comes from the consent of the governed. - Natural Rights to ALL individuals: Life, Liberty and Pursuit of Happiness!! - ALL men are created EQUAL!! Independence Hall – Then and Now Declaration of Independence Social Contract Theory People give up some personal freedoms for safety, created the state. State arose out of a voluntary act by free people. It holds that the state exists only to serve the will of the people. People are the sole source of political power, and that they are free to give or to withhold that power as they choose. State exists to serve the people and was created by them. Social Contract Theory – Rousseau, Locke, Hobbes 1. Popular Sovereignty - consent of the governed - it is because people have agreed to be ruled, that governments are entitled to rule - the government is charged with implementing and enforcing the general will of the people 2. Limited Government 3. Natural rights are universal rights that are seen as inherent in the nature of people and not contingent on human actions or beliefs (including life, liberty, and pursuit of property) Using your notes and pages 8 and 38 to compare and contrast the Declaration of Independence and the Social Contract Theory. Declaration of Independence Social Contract Don’t forget WHO, WHAT, WHEN , WHERE, and WHY IMPORTANT when comparing and contrasting. Thomas Jefferson borrowed heavily from the theories of John Locke in writing the Declaration on Independence. One of the concepts is that legitimate government must respect the inalienable rights if its citizens. Among these rights, Locke includined "life, liberty, and property". Jefferson adjusted this in the Declaration to "life, liberty, and the pursuit of happiness." Both Locke and Rousseau's ideas had an impact on the Constitution as well. Rousseau had a strong believe in the sovereignty of the people, i.e. that the people had to have ultimate control over their government. Rousseau's ideas went much farther than the Constitution's, since he supported direct democracy rather than representative democracy through a republic. Yet the notion that "We the people" could create a Constitution was something from Rousseau. Also, the Constitutional Amendment process being ratified by public convention (Article V) expresses this sentiment. CDA Unit 1a • Study Guide Journal Entry Assume that you are an individual living in the colonies in 1776 who has just read the Declaration of Independence. - How well did the Declaration of Independence persuade you to support the cause for independence? Unit 1 Day 6 EQ - What ideals were in conflict in regards to the ratification of the Constitution? Articles of Confederation • Written during the early parts of the American Revolution • Because of their experience with Great Britain, the 13 states feared a powerful central government • America’s first form of government • The A of C were in force from 1781 to 1789 • The A of C created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. The Articles of Confederation The Articles of Confederation established “a firm league of friendship” among the States. Powers Congress could: declare war, deal with national finance issues, and settle disputes among the States. – Congress had no power to enforce decisions – Unanimous approval before any modifications could be made to the articles – Congress was denied the power of taxation….it could only REQUEST money from the states – inability to regulate trade and levy taxes. – Congress could not force the states to adhere to the terms of the Treaty – NO executive branch to enforce laws – NO judicial branch to interpret laws/punish lawbreakers • An armed uprising in Western Massachusetts from 1786 to 1787. • led by Daniel Shays • were mostly small farmers angered by crushing debt and taxes. • The war's debt ultimately trickled down to individuals, in large part to small farmers. • State’s government decided to increase taxes instead of issue paper money – Poor farmers found it impossible to pay their taxes and their mortgages….many lost their property and some faced imprisonment A Call for a Stronger Government • Representatives from Maryland and Virginia met at Mount Vernon, Virginia, in 1785 to discuss trade issues. • The meeting was so successful that the Virginia General Assembly requested a meeting of all thirteen States, which eventually became the Constitutional Convention in Philadelphia. • Nationalist….people who supported a stronger national government • 55 delegates from the 13 states meet in Philadelphia • LARGE states (Virginia Plan) v. SMALL states (New Jersey Plan) • Great Compromise (aka: Connecticut Compromise) • 3/5 Compromise Great Compromise - aka Connecticut Compromise - Roger Sherman - Bicameral Legislature ( 1 – House of Representatives: population; 2 – Senate: equal) - gave equal representation in one house - scraped A of C - bicameral leg. - William Patterson - did NOT do away with A of C - dealt with the legislative branch - Unicameral Legislature based on equal representation - Raise taxes and regulate trade - benefited SMALL states New Jersey Plan - Edmund Randolph - 3 branches of gov’t - did away with A of C - Bicameral Legislature - both sides demanded changes - Legislature based on population - benefited large states Virginia Plan • For every 5 slaved people would equal 3 free when determining representation and taxation = • South wanted to count slave population for more representation in Congress…. Northerners objected, stating that slaves could not vote Quick Assessment 1. The government set up by the Articles of Confederation had – – – – (a) the power to make treaties and build a navy. (b) a bicameral congress. (c) separation of powers. (d) a President to carry out its laws. 2. Which of the following was a weakness of the Articles of Confederation? – – – – (a) Congress could not make treaties. (b) Congress could not borrow money. (c) The States did not agree to obey the Articles. (d) Congress could not lay or collect taxes or duties. Quick Assessment 1. A government is – (a) the institution through which a society makes and enforces its public policies. – (b) a collection of people. – (c) always democratic. – (d) the organization representing farms and industries. 2. A state has the following four characteristics: – – – – (a) population, territory, sovereignty, and government. (b) sovereignty, a perfect union, welfare, and territory. (c) people, places, force, and divine right. (d) justice, defense, liberty, and domestic tranquility. Quick Assessment 1. In a democracy, – (a) independent states form an alliance. – (b) supreme political authority rests with the people. – (c) those who rule cannot be held responsible to the will of the people. – (d) the rule by a few, select individuals regulates the will of the people. 2. The United States government has the following characteristics: – – – – (a) confederate, parliamentary, and dictatorship. (b) unitary, presidential, and democracy. (c) federal, presidential, and democracy. (d) unitary, parliamentary, and dictatorship. Assignment – Chapter 3 • Previewing Vocabulary - Define the following terms: Preamble, articles, rule of law, separation of powers, checks and balances, judicial review, unconstitutional, federalism, amendment, Bill of Rights • What is the purpose of the Preamble to the Constitution? • List two examples of how checks and balances work in the Federal Government. • What are the different roles of the executive, legislative, and judicial branches? U.S. CONSTITUTION Unit 1 Day 7 EQ - How effective is the Constitution at distributing power in terms of checks and balances and separation of powers? How does the idea of rule of law manifest itself in the Constitution? REVIEW….FLAWS OF THE ARTICLES OF CONFEDERATION • 1 vote each state REGARDLESS of size • Congress can’t tax…only can BEG for money • Congress can’t regulate trade • No EXECUTIVE Branch • No JUDICIAL Branch • States had own Constitution and could not agree on national policies • States made their own money CONSTITUTIONAL CONVENTION 1787 • • • • • • New Jersey Plan Virginia Plan Great Compromise 3/5 Compromise Secret Meeting President of the Constitutional Convention: George Washington THE UNITED STATES CONSTITUTION • Written in 1787 • The "supreme law of the land" – No law may be passed that contradicts its principles. – No person or government is exempt from following it. • The world's oldest written Constitution. • Describes the structure of the government and the rights of the American people PRINCIPLES OF THE U.S. CONSTITUTION • • • • • • • • • • • Popular Sovereignty Limited government Federalism Separation of Powers Legislative Branch Executive Branch Judicial Branch Checks and Balances Legislative Checks Executive Checks Judicial Checks POPULAR SOVEREIGNTY • The people hold ultimate power • A representative democracy allows the people to elect representatives to make decisions for them • Evident in the Preamble…We the People LIMITED GOVERNMENT • Framers wanted to guard against tyranny • Government is limited to the power given to them in the Constitution • Constitution tells how leaders who overstep their powers can be removed FEDERALISM • The division of power between States and National governments • The National government has the “supreme power” • Some powers are shared….Concurrent • States have powers…Reserved • National government has powers…Delegated Federalism Reserved – powers reserved to the states Delegated – powers given to the central government Concurrent – powers shared between the central government and the state governments SEPARATION OF POWERS • • • • No one holds “too much” power Legislative branch makes the laws Executive branch carries out the laws Judicial branch interprets the laws CHECKS AND BALANCES • Prevents the abuse of power in government • Each branch can check each other branch • Each branch is controlled by the other two in several ways. JUDICIAL REVIEW • It is the power of a court to determine the constitutionality of a governmental action. • Is the power to declare unconstitutional (to declare illegal, null and void) a governmental action found to violate some provision of the U.S. Constitution • Was established in the Supreme Court’s case of Marbury v. Madison in 1803. • Strengthened the power of the judicial branch Skills Reinforcement I. Structure A. The Preamble - ______________________________ B. Seven Articles - ______________________________ C. Amendments - _______________________________ II. Major Principles A. Popular Sovereignty - _________________________ B. Federalism - ________________________________ C. Separation of Powers - ________________________ D. Checks and Balances - ________________________ E. Judicial Review - _____________________________ F. Limited Government - _________________________ Post-Its 1. This is the Introduction to the U.S. Constitution… 2. This is one of the seven main divisions of the body of the U.S. Constitution… 3. This is a change to the Constitution… 4. This means ruled by the people… 5. This is when power is divided between the national and state governments… 6. Legislative, Executive, and Judicial Branches… 7. This is when each branch exercises control over another… 8. This is a power of the Judicial Branch… Bell Ringer • Pick up the worksheet off of the projector box and a textbook off the floor. • Go to pages 8-10 in the text. • Complete the front side of the paper by writing the meaning of the goals of the U.S. Constitution. Unit 1 Day 9 EQ – What were the main ideas in debate over the ratification of the US Constitution? • The Anti-Federalists did not want to ratify the Constitution. – – – – – – Patrick Henry Farmers and Laborers Feared a strong national government Criticized because it was written in secrecy Argued it took important powers from the states There was NO Bill of Rights. • The Federalists, on the other hand, had answers to all of the Anti-Federalist complaints. – Led by many of the Founding Fathers – Argued without a strong national government, anarchy or political disorder would triumph – Strong national government could protect the country from enemies and solve the country’s internal problems – Bill of Rights was NOT needed because it was in the state’s constitutions – They promised a Bill of Rights as the first order of business under the Constitution – Wrote the Federalist Papers Preamble • Introduction to the Constitution • Lists the 6 goals of the Constitution • States why the Constitution was written PREAMBLE TO THE U.S. CONSTITUTION We the people of the United States in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessing of liberty to ourselves and posterity, do ordain and establish this Constitution for the United States of America. Articles • There are 7 Articles • Each article covers a general topic. – Article I – Legislative Branch – Article II – Executive Branch – Article III – Judicial Branch – Article IV – Relations of the States – Article V – Amendment Process – Article VI – Supremacy Clause – Article VII – Ratification and Declaration Amendments • Changes to the Constitution • There are 27 Amendments • The first 10 are called the Bill of Rights Review of Principles • • • • • • • Popular Sovereignty Federalism Separation of Powers Checks and Balances Judicial Review Limited Government Rule of Law Word Bank for CWP • • • • • • • • • • Federalist Anti-Federalist U.S. Constitution Preamble Articles Popular Sovereignty Limited Government Rule of law Separation of powers checks and balances • judicial review • federalism • Articles of Confederation • Virginia Plan • New Jersey Plan • Great Compromise • Three Fifths Compromise • Delegate • Amendment Unit 1 Day 10 EQ - How did John Marshall establish the judicial branch as a co-equal branch with the Marbury v. Madison case? SSCG16b. Adams appoints new judges… • John Adams signs appointments on his last night in office. • Thomas Jefferson is to take over as President. • “midnight judges”- what these new judges were referred to as. • William Marbury was one of these “midnight judges.” When does Madison come into play? • James Madison, TJs new Secretary of State, was supposed to officially present Marbury with his new position… • But he didn’t! • So… Marbury sued and appealed to the Supreme Court to get Madison to award him the position… The Verdict. • Supreme Court (John Marshall was chief jutice) refuses to grant Marbury his position!! • Why? – A section of the Judiciary Act of 1789 (which set up the federal court system in the first place) was unconstitutional and void. Video Clip – Marbury v. Madison Lasting Impact… • This is the first time the Supreme Court overturns an act of Congress. • Checks & balances in action!!!!!! • Judicial Review is established!!!! Power of Judicial Review • Established by Chief Justice John Marshall • Supreme Court has the power to determine whether a law passed or a presidential action is constitutional or not • If law or action is declared unconstitutional, it is no longer in force • Makes the Supreme Court the final authority on the meaning of the Constitution Video Clip – Judicial Review Unit 1 Day 11 EQ – How does the Bill of Rights protect our civil rights and civil liberties? SSCG6a. 1st Amendment • The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. • • • • • • This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press) 2nd Amendment • The 2nd Amendment protects the right to bear arms, which means the right to own a gun. 3rd Amendment • The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” • This means that we cannot be forced to house or quarter soldiers. 4th Amendment • The 4th Amendment protects the people from unreasonable searches and seizures. • This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason). 5th Amendment • The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself in court. (Self-incrimination) 6th Amendment • The 6th Amendment guarantees a speedy trial (you can’t be kept in jail for over a year without a trial) • an impartial jury (doesn’t already think you are guilty) • that the accused can confront witnesses against them • the accused must be allowed to have a lawyer 7th Amendment • The 7th Amendment guarantees the right to a speedy civil trial. • A civil trial differs from a criminal trial. A civil trial is when someone sues someone else. A criminal trial is when the state tries to convict someone of a crime. 8th Amendment • The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set. 9th Amendment • All rights not stated in the Constitution and not forbidden by the Constitution belong to the people. • This means that the states can do what they want if the Constitution does not forbid it. 10th Amendment • The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people. Bell Ringer • Pick up the The Guarantees of the First Amendment reading from the projector box. • Answer the two questions on the sheet from the reading. • Get out notes and be ready to write down your EQ! Unit 1 Day 12 EQ – Why is it so important that st the 1 Amendment is included in the US Constitution? SSCG6a. Civil Rights v. Civil Liberties • Civil Rights – has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing. • Civil Liberties – concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers. Civil Rights v. Civil Liberties (cont.) • One way to consider the difference between "civil rights" and "civil liberties" is to look at – 1) what right is affected? – 2) whose right is affected? • For example, as an employee, you do not have the legal right to a promotion, mainly because getting a promotion is not a guaranteed "civil liberty." But, as a female employee you do have the legal right to be free from discrimination in being considered for that promotion -- you cannot legally be denied the promotion based on your gender (or race, or disability, etc.). By choosing not to promote a female worker solely because of the employee's gender, the employer has committed a civil rights violation and has engaged in unlawful employment discrimination based on sex or gender. 1st Amendment • Five Freedoms Guaranteed to ALL Americans: – Religion – Speech – Press – Assembly – Petition 1st Amendment - Religion • Freedom to practice any religion, or to practice no religion at all. • Congress cannot establish an official national religion, or favor one religion over another. • Separation of church and state – the division between religion and government. 1st Amendment - Speech • The right to express ideas and opinions through speech and the right to listen to ideas and opinions of others. • We are guaranteed a freedom to speak freely to friends and neighbors or to deliver a speech in public to a group of people. • We have the right to express opinions about the government and to criticize the actions of governmental officials. • People DO NOT have the right to tell lies or to spread false rumors about others – slander. • People DO NOT have the right of free speech that may cause physical harm to others. (Screaming “FIRE” in a crowded theater.) 1st Amendment - Press • The freedom to express ideas in writing. • Gives ALL Americans the right to express their thoughts freely in writing, provided they DO NOT state falsehoods that damage a person’s reputation – libel. • The courts have decided that freedom of the press applies to electronic media as well as to written works such as books. Thus, television and radio broadcasts are protected. 1st Amendment - Assembly • The freedom to hold meetings. • Americans are free to meet to discuss problems and plan actions. • People can gather to express their view about government decisions. • Meetings must be PEACEFUL!! 1st Amendment - Petition • The right to ask the government to do something or to stop doing something. • A petition is a formal request. • The right to petition helps the government officials learn what citizens want done. Activity • Create an illustrated graphic organizer, illustrating the 5 freedoms in the 1st Amendment. Word Bank • • • • • • • • • • • • • • • Hobbes Locke Montesquieu Magna Carta Petition of Rights English Bill of Rights Social Contract Oligarchy Autocracy Democracy Federal Confederal Unitary Presidential Parliamentary • • • • • • • • • • • • • • • Declaration of Independence Articles of Confederation US Constitution • Executive Preamble • Legislative Articles • Judicial Amendments • Virginia Plan Bill of Rights • New Jersey Plan Federalism • Great Compromise Popular Sovereignty • Representative Democracy Separation of Powers • Constitutions Checks and Balances Rule of Law • bicameral Limited Government Federalists Anti-Federalists Bell Ringer Word Search is located on PROJECTOR BOX!! Unit 1 Review • Four Theories of the Origin of Government – – – – Evolutionary – head of family is in charge Force – one person or group took control of area by force Divine Right – power to rule came from god Social Contract – theory that by contract, the people surrender to the state the power needed to maintain order and the state, in turn, agrees to protect the people; contains natural rights and consent of governed • Four Characteristics of a State – – – – Population - people Territory - land Sovereignty – supreme and absolute power of a state Government – political organization of a state Unit 1 Review • Three Philosophers – Hobbes – this man is known for his contribution to the Social Contract, he believed that people were born evil – Locke - this man is known for his contribution to the Social Contract, he believed that people were born good; natural rights – Montesquieu – This man believed in separation of powers and the analysis of checks and balances Unit 1 Review • Three English Documents – Magna Carta – 1215, this document won rights for the people of England, it guaranteed that free people could not be arrested, put in prison, or forced to leave a nation unless given a trial of their peers – Petition of Rights – 1627, limited the power of the king – English Bill of Rights – 1689, stated that Englishmen, as embodied by Parliament, possessed certain civil and political rights; this is where the U.S. got there Bill of Rights from Unit 1 Review • Types of Government – Unitary – all key powers lies with one central gov’t – Confederal – a loose association of states, gives some control to the central gov’t – Federal – gov’t divides the power between the national and state gov’ts – Autocracy – one person is in control, people have little power, if any – Oligarchy – few or small group is in control – Democracy – the people are in control – Presidential – executive and legislative is separate, president is head of executive branch – Parliamentary – executive and legislative is together, executive leader is chosen by legislature Unit 1 Review • Declaration of Independence – Thomas Jefferson, 1776 – Major Points? Natural Rights, Limited Gov’t, and Popular Soveriegnty – Significance – declared independence from G.B., list criticism against the King and Parliament • Natural Rights – John Locke – Life, Liberty, and Pursuit of Property – Thomas Jefferson – Life, Liberty, and Pursuit of Happiness Unit 1 Review • Constitutional Convention – New Jersey Plan – Unicameral Legislature based on equal representation – Virginia Plan – Bicameral Legislature based on population; wanted 3 branches of Gov’t – Great Compromise – (AKA Conn. Compromise) – Bicameral Legislature – Upper House was based on population, Lower House was equal representation – Federalists – supported ratification of Constitution – Anti-Federalists – opposed the ratification of Constitution, wanted a Bill of Rights added Unit 1 Review • Three Branches of Government – Legislative Branch – Makes Laws – Executive Branch – Enforces or Carries Out Laws – Judicial Branch – Interprets Laws and Punishes Lawbreakers Unit 1 Review • Structure of Constitution – Preamble – Introduction to Constitution, list the 6 goals of the Constitution – Articles – explains the structure of the government and how it is to be ruled – Amendments – change to the Constitution; 1-10 are called the Bill of Rights Unit 1 Review • Six Principles of the U.S. Constitution – Federalism – divided the power of the government between the national and state governments – Checks and Balances – allows one branch to check the other, keeps the branches balanced and equal – Limited Government – limits the power of the government – Separation of Powers – the 3 branches of gov’t – Popular Sovereignty – power belongs to the people; seen in the Preamble as “We the People…” – Rule of Law – no one is above the law, not even gov’t officials Unit 1 Review • Marbury v. Madison – Judicial Review – power of the Supreme Court to declare an action unconstitutional; this elevated the power of the judicial branch • Supremacy Clause – the U.S. Constitution is the supreme law of the land Journal Entry • What can you do to improve your grade in my class? Are you happy with the grade that you have? Do you think you deserve that grade or what grade do you think you have earned?? Bell Ringer Study QUIETLY for 10 minutes, for your test today!! Word Bank for Crossword Puzzle • • • • • • • • • • Cancer Capricorn Continents Dateline Degrees Directions Distance Equator Globe Greenwich • • • • • • • • • • Hemispheres Key Lake Latitude Legend Location Longitude Map Meridian North • • • • • • • • Parallel Plain Political River Scale Symbol Topographic West