How the
National Government
shapes our
State & Local
Government
Ms OBJECTIVE
 1a Cite and analyze how the Constitution is a living
document.
 1b Analyze and evaluate the impact of presidential policies
and congressional actions on domestic reforms.
 1c. Explain and analyze the expansion of federal powers.
At the end of this lesson, the students
should know:
 The division of power in the United States government,
 The specific powers of each government branch,
 An explanation of federalism, and.
 An explanation of the Bill of Rights
BELL PRACTICE 1
 The President is actively using his power when he:
 A. makes a law for citizens to follow.
 B. orders the law to be implemented by the states.
 C. interprets a law through the court system.
 D. Requires the citizens to vote.
Bell Practice 2:
 Which statement reflects the function of the Executive




Branch?
A. The President makes laws that the citizens are encouraged
to follow.
B. The President reviews laws like a court system and rules if
they are constitutional.
C. The President sends in the National Guard to enforce
desegregation in MS in 1962.
D. The President adds Amendments to the U.S.
Constitutional.
Bell Practice 3
 The Legislative Branch is made up of two groups. Which




statement reflects the make-up of Congress?
A. It is made up of the Senate and the Supreme Court.
B. The (50) Senators make up all of Congress.
C. The 435+ members of the House of Representative make
up all of Congress.
D. Congress makes laws through the Senate and the House of
Representatives.
Bell Practice 4
 The United States is centrally composed on the principle of




federalism. Federalism can be illustrated in our government
by:
A. the separation of powers between the 3 branches of
government
B. Shared government powers between the federal (national)
government and state governments.
C. Shared government powers from the national level to state
level to the local level.
D. All of the above.
Bell Practice 5
 The three branches of government operate within their




jurisdiction. Which statement best describes how the
legislative and executive branch may view jurisdiction?
A. The state governor do not tell the President what to do.
B. The President do not tell the state governments what to
do.
C. Both are correct
D. None are correct
3 branches of Government & Federalism
Over 200 years ago, our Founding Fathers wrote the
Constitution. The Constitution is a basic design for how our
government should work. The Constitution divides the
government into the following three branches: the legislative,
executive, and judicial branches.
The 3 Branches of the National Government
Does this impact our State Government?
•Each state has its own constitution based on its
unique history, needs, philosophy, and
geography.
•Just like that of the national government, each
state's constitution separates power between
three branches -- legislative, judicial, and
executive.
What are the responsibilities of
each branch of Government?
National Government:
The Legislative Branch
•The legislative branch makes laws for the nation.
•The main lawmaking body of this branch is known as Congress.
•Congress is made up of two parts, the House of Representatives
and the Senate.
MS Government:
The Legislative Branch
•Headed by the Congress, which makes state laws.
The Congress
•State Representatives
is made up of
two parts.
•State Senators
Our National Government:
The Executive Branch
•The executive branch makes sure people follow the laws that
the legislative branch makes.
•The leaders of this branch are the President and Vice-President.
• When making important decisions, the President often asks for
advice from the Cabinet.
•The President lives at the White House in Washington, D.C.
National vs. MS Government:
The Executive Branch
•MS Executive Branch
is headed by the
Governor, who carries
out and enforces laws
made by the Congress.
President
Barrack Obama
Vice President
Joe Biden
Governor Phil
Bryant
Lt. Governor
Tate Reeves
National Government:
The Judicial Branch
•When people are unsure about the meaning of a law, the judicial
branch listens to many opinions and makes a decision.
•The judicial branch is made up of courts.
•The highest of these courts is the U.S. Supreme Court.
MS Government:
The Judicial Branch
•Headed by the MS Supreme Court, which interprets and
applies the state laws.
The Supreme Court
is made up of
Six Justices and
One Chief Justice.
Maureen O'Connor, Paul E. Pfeifer, Evelyn Lundberg Stratton, Terrence O’Donnell,
Alice Robie Resnick, Thomas J. Moyer (Chief Justice), and Francis E. Sweeney
Local Government
National government and state government
are two types of government,
but
there is also local governments.
U.S. citizens can participate in their
government. This process insures that power will
always remain where it belongs with the people.
The most important right citizens have is the
right to vote. By voting, the people have a voice in
the government. The people decide who will
represent them in the government.
1st Amendmentfreedom of speech,
assembly, religion and press
2nd Amendment-right to bear arms
4th Amendment- search and seizure
5th Amendment Double jeopardy
14th Amendment- Due Process of law
13-15th Amendment (Civil War Amendments)
13th Amendment abolished slavery
14th Amendment due process of law
15th Amendment freed slaves granted the right to vote
15th Amendment—Race no bar to
vote
16th Amendment-income taxes
 The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without
apportionment among the several states, and without regard
to any census or enumeration.
16th Amendment-The Congress shall have power
to lay and collect taxes on incomes, from whatever
source derived, without apportionment among the
several states, and without regard to any census or
enumeration.
17th Amendment—Direct election of
Senators
17th Amendment to the U.S.
Constitution: Direct Election
of U.S. Senators (1913)
18th Amendment-Prohibition …stop
the sale, manufacturing and
transport of alcohol
19th Amendment (1920) Women
suffrage (Susan B. Anthony)
19th Amendment---Voting Rights
Amendment for Women
21st Amendment---repealed the
18th Amendment…..alcohol is legal
again!
Prohibition was known as "the noble
experiment." The phrase was coined by
President Herbert Hoover, who wrote to
an Idaho senator in 1928: "Our country
has deliberately undertaken a great
social and economic experiment, noble
in motive and far-reaching in purpose."
The Twenty-Third Amendment gave limited voting
rights to the residents of Washington D.C.
24th Amendment banned poll
The 24th Amendment Ended the Poll Tax
January 23, 1964
Imagine that you are finally old enough to vote in
your first election. But, do you have enough money?
Money, to vote? Not long ago, citizens in some states
had to pay a fee to vote in a national election. This fee
was called a poll tax. On January 23, 1964, the United
States ratified the 24th Amendment to the
Constitution, prohibiting any poll tax in elections for
federal officials.
26th Amendment---18 year old
citizens can vote
Voting Amendments to USA
Constitution
 15th---Race to Bear no more
 17th—Direct Election of Senators
 19thWomen Suffrage
 23rd DC gets the right to vote
 24th-ended poll taxes
 26th- lowered voting age from 21 to 18
Plessy v. Ferguson 1896
 Plessy v. Ferguson (1896), is a landmark United States
Supreme Court decision in the jurisprudence of the United
States, upholding the constitutionality of state laws requiring
racial segregation in public facilities under the doctrine of
"separate but equal."[1]
Plessey v Ferguson
Closure practice
1. What court decision legalized abortion?
A. Brown v. the Board
B. Baker v. Carr
C. Roe v. Wade
D. Miranda v. Arizona
2. This Supreme Court case established the “Clear and
present danger doctrine” limiting 1st Amendment rights after
16,000 letters were written to drafted men urging them not to
show up for duty. What case was this?
A. Plessy v. Ferguson
C. Scottsboro Case
B. Miranda v. Arizona
D. Schenck v. United States
Schenck vs USA
 The government can limited free speech
When the speech places it in “CLEAR
And PRESENT DANGER.” Charles Schenck
Wrote 16,000 letters urging drafted men
To not show up during World War I. This put American Forces
“in danger” and he was arrested for espionage. He took his
case to the Supreme Court and they ruled 1st Amendment
speech could be limited.
Dennis vs USA
 Dennis v. United States, 341 U.S. 494 (1951), was a
United States Supreme Court case relating to Eugene
Dennis, General Secretary of the Communist Party USA. The
Court ruled that Dennis did not have the right under the
First Amendment to the United States Constitution to
exercise free speech, publication and assembly, if the exercise
involved the creation of a plot to overthrow the government.
FR FREE SPEECH LIMITED!
Korematsu vs USA
 Internment camps were established
after the bombing of Pearl Harbor. Japanese
Americans were ordered to move into these camps. Fred
Korematsu evaded the interment report to the camps and was
Arrested. He appealed his case to the Supreme Court for
violation of the 1st Amendment. Court upheld the decision
because national security was at stake.
Yates vs. USA
 Brief Fact Summary. Fourteen individuals were arrested, and
later convicted by a trial court, for violation Smith Act. These
individuals were accused of advocating, teaching and
intending to overthrow the government.
Synopsis of Rule of Law. Mere advocacy and teaching for
the overthrow of the government is not enough to punish
otherwise the otherwise protected liberty of free speech and
free press. There must be something more than just belief,
they must be urged to perform some action either now or in
the future. SPEECH PROTECTED!!!!!
Mapp vs. Ohio
 Brief Fact Summary. Police officers sought a bombing suspect
and evidence of the bombing at the petitioner, Miss Mapp’s
(the “petitioner”) house. After failing to gain entry on an
initial visit, the officers returned with what purported to be a
search warrant, forcibly entered the residence, and
conducted a search in which obscene materials were
discovered. The petitioner was tried and convicted for these
materials.
Synopsis of Rule of Law. All evidence discovered as a result of
a search and seizure conducted in violation of the Fourth
Amendment of the United States Constitution
(”Constitution”) shall be inadmissible in State court
proceedings
Bakke vs, Univ of CA
 Brief Fact Summary. The Respondent, Bakke (Respondent), a
white applicant to the University of California, Davis Medical
School, sued the University, alleging his denial of admission
on racial grounds was a violation of the Equal Protection
Clause of the Fourteenth Amendment of the United States
Constitution (Constitution).
Synopsis of Rule of Law. Although race may be a factor in
determining admission to public educational institutions, it
may not be a sole determining factor
Gideon Vs. Wainwright
 Facts of the Case
 Gideon was charged in a Florida state court with a felony for
breaking and entering. He lacked funds and was unable to
hire a lawyer to prepare his defense. When he requested the
court to appoint an attorney for him, the court refused,
stating that it was only obligated to appoint counsel to
indigent defendants in capital cases. Gideon defended himself
in the trial; he was convicted by a jury and the court
sentenced him to five years in a state prison.
 Question Did the state court's failure to appoint counsel
for Gideon violate his right to a fair trial and due process of
law as protected by the Sixth and Fourteenth Amendments?
Engle vs. Vitale
 Almighty God, we acknowledge our dependence upon Thee,
and we beg Thy blessings upon us, our parents, our teachers
and our Country.
 Prayer adopted by NY school district and was read in public
schools
 Constitutional Issues
 The question before the Court involved the Establishment
Clause of the 1st Amendment. Did the Regents of New York
violate the religious freedom of students by providing time
during the school day for this particular prayer? Did the
prayer itself represent an unconstitutional action—in effect,
Engle vs. Vitale
 the establishment of a religious code—by a public agency?
Did the Establishment Clause of the 1st Amendment prevent
schools from engaging in “religious activity”? Was the “wall of
separation” between church and state breached in this case?
 Arguments
 For Engel (the parents): The separation of church and
state requires that government stay out of the business of
prescribing religious activities of any kind. The Regents'
prayer quite simply and clearly violated the 1st Amendment
and should, therefore, be barred from the schools.

Roe v. Wade
 The Roe v.Wade 1973 historic Supreme Court decision
legalized abortion, on a federal level, in the U.S. At the time,
abortion was regulated by individual states. Roe v.Wade was,
and continues to be, the most influential court case that
affects laws pertaining to abortion. This Supreme Court
landmark case is one of the most controversial court cases of
all time.
 Pro-life vs ProChoice
New Jersey vs. TLO
 The Supreme Court has a long history of upholding citizens'
protections against unreasonable searches and seizures—a
right guaranteed by the 4th Amendment. In Weeks v. United
States, 1914, the Court ruled that evidence obtained by
police illegally is not admissible in federal court—a practice
known as the exclusionary rule. The Court decided that such
evidence is also inadmissible in State courts in Mapp v. Ohio,
1961.

Texas vs. Johnson
 During the burning of the flag, demonstrators shouted such
phrases as, "America, the red, white, and blue, we spit on
you, you stand for plunder, you will go under," and,
"Reagan, Mondale, which will it be? Either one means World
War III."
Texas Vs. Johnson
 Texas v. Johnson, 491 U.S. 397 (1989), was an important
decision by the Supreme Court of the United States that
invalidated prohibitions on desecrating the American flag
enforced in 48 of the 50 states. Justice William Brennan
wrote for a five-justice majority in holding that the defendant
Gregory Lee Johnson's act of flag burning was protected
speech under the First Amendment to the United States
Constitution.
Tinker vs. Des Moines
 Case Summary
 In 1965, John Tinker, his sister Mary Beth, and a friend were
sent home from school for wearing black armbands to
protest the Vietnam War. The school had established a policy
permitting students to wear several political symbols, but had
excluded the wearing of armbands protesting the Vietnam
War. Their fathers sued, but the District Court ruled that the
school had not violated the Constitution. The Court of
Appeals agreed with the lower court, and the Tinkers
appealed to the Supreme Court.
Brown vs. Board of Education 1954
 Brown v. Board of Education, 347 U.S. 483 (1954), was a
landmark United States Supreme Court case in which the
Court declared state laws establishing separate public schools
for black and white students unconstitutional. The decision
overturned the Plessy v. Ferguson decision of 1896 which
allowed state-sponsored segregation. Handed down on May
17, 1954, the Warren Court's unanimous (9–0) decision
stated that "separate educational facilities are inherently
unequal." As a result, de jure racial segregation was ruled a
violation of the Equal Protection Clause of the Fourteenth
Amendment of the United States Constitution. This ruling
paved the way for integration and was a major victory of the
civil rights movement.[1]
Elizabeth Eckford and Little Rock 9
(1957)
James Meredith and Ole Miss
1962
Closure
3. What was the common purpose of the amendments that were
added to the US Constitution between 1865-1870?
a. Expanding the right to vote for southern women
b. Reforming the sharecropper system
c. Granting rights to African Americans
d. Protecting rights of Southerners who were accused of treason
4. Why did the framers of the U.S. Constitution establish 3
branches of government?
a. They wanted the states to have more power than the federal govt
b. They wanted widespread control of the economy
c. They believed the government had to be large to effectively run
the nation.
d. They wished to limit the power of the other branches.
Closure
 7. Which was NOT an element of the U.S. Constitution?
 A. the federal government has three branches.
 B. There is a system of checks and balances.
 C. All delegates had to sign the Constitution.
 D. The legislature is composed of two houses.