Constitution & Court Cases
Civics & Economics
M. Teal
http://www.youtube.com/watch?v=FzAJyK0ovo8
Principles of the Constitution
• Popular Sovereignty
– Population or people’s right to rule
– People Power
– Example: Declaration of Independence,
– Will of the people expressed through elections
Principles of the Constitution
• Limited Government
– Government can only do what the people allow
• Rule of Law
– The law applies to everyone, even those who
govern
Principles of the Constitution
• Separation of Powers
– The split of authority among the legislative,
executive and judicial branches
– To protect against abuse of power and the
possibility of one person or group gaining too
much power
Principles of the Constitution
• Checks and Balances
– A system in which each branch of government is
able to check the power of the others
– Under this system, no one branch of government
can make laws without the guidance and approval
of the other.
Principles of the Constitution
• Judicial Review
– The principle by which courts can declare acts of
either the executive branch or the legislative
branch unconstitutional.
– The Supreme Court has exercised this power, for
example, to revoke state laws that denied civil
rights guaranteed by the Constitution.
Principles of the Constitution
• Federalism
– A form of government in which power is divided
between the federal, or national government and
the states
Principles of the Constitution
• Expressed (enumerated) powers
– Powers specifically granted to the national
government
• Reserved powers
– Powers not given to national government are kept
by states
• Concurrent powers
– Authority of the states and the national
government overlaps
• Are the principles of the Constitution reflected
in our school?
• Why/why not?
Preamble
• http://www.youtube.com/watch?v=PIf7uFAKk
Jc
• An introduction that states the goals and
purposes of the governments
Preamble
• We the people of the United States, …do
ordain and establish this Constitution for the
United States of America.
Preamble
• in order to form a more perfect union,
Preamble
• establish justice,
Preamble
• insure domestic tranquility,
Preamble
• provide for the common defense,
Preamble
• promote the general welfare,
Preamble
• and secure the blessings of liberty to ourselves
and our posterity,
Preamble
Beneficia
ries
(Who is
it for?)ex. We
the
People....
Goals
(What are
the goals?)
– Establish
Justice......
Responsible
Party (Who
is
responsible
for seeing
that the
goals are
met?) – We
the People.
Next to
each goal,
write
examples of
how each
goal is
accomplishe
d in today’s
society
Do Now
• Explain how one of the guiding principles limit
the government’s powers.
• http://www.ncga.state.nc.us/legislation/consti
tution/ncconstitution.html
The Articles
• First 3 articles describe the powers &
responsibilities of each branch of government
Article I
• Outlines the lawmaking powers of legislative
branch
Article II
• Executive branch -> law enforcing branch of
government headed by president and vice
president
Article III
• Calls for one Supreme Court and such lower
courts as Congress deems appropriate
Article IV-VII
• IV -> explains the relationships between the
states and federal government
• V -> specifies under what conditions the
conditions the Constitution can be changed
• VI -> Constitution the “supreme law of the
land”
• VIII -> Constitution would take effect when
9/13 states ratified
Amending the Constitution
• Amendment -> any change in the Constitution
• 27 amendments
• Change would not be made without
overwhelming support of the people
• Amendments safeguard many of our freedoms
Amendment Process
• Proposal
– Congressional action; 2/3 of both house of
Congress
– National convention; 2/3 of state legislatures
Ratifying an Amendment
• ¾ of the states must ratify it
– Vote of either the state legislature or by a special
state convention
Interpreting the Constitution
• Attempted to keep the document as general
as possible
• They left other matters open to interpretation
Interpreting the Constitution
• The Necessary & Proper Clause
– Allows Congress to exercise powers not
specifically listed in the Constitution
– Implied powers
– Loose versus strict interpretation
• Court Decisions
– Final authority for interpreting the Constitution
rests with the Supreme Court
Interpreting the Constitution
• Legislative & Presidential actions
– Ex. Woodrow Wilson New Freedom programs
– Ex. Presidential succession -> 25th Amendment
• Interpretation through custom
– Ex. Political parties
TOPIC
Preamble
Bill of Rights/
Declaration of Rights
Legislative Branch
Executive Branch
Judicial Branch
Amendments
Location in the U.S.
Constitution
Location in the N.C.
Constitution
Marbury v. Madison (1803)
• Firmly established that the Supreme Court of
the United States has the power to determine
the constitutionality and validity of the acts of
the other two branches of government
• First time the Supreme Court struck down an
act of Congress as unconstitutional.
McCulloch v. Maryland (1819)
• This decision confirmed the legitimate right of
Congress to utilize the implied powers clause in
passing laws to carry out its delegated powers.
• It further declared and validated the supremacy
of the people collectively represented by
Congress over the powers of individual states.
Gibbons v. Ogden (1824)
• The Supreme Court affirmed Congress’s power
to regulate interstate commerce, and held
that by virtue of the Supremacy Clause, state
laws “must yield” to constitutional acts of
Congress.
State of NC v. Mann (1830)
• Decision of the state court:
– The NC Supreme Court overruled the conviction of
the local jury on the grounds that slaves were the
absolute property of their owners. Actions of the
owners could not be punished by law unless the
state legislature authorized such punishment. For
which they did not.
• Effects of the decision:
– The state reaffirmed that slaves were property.
The Leandro Case (1994)
• Eventually the matter was heard by the North
Carolina Supreme Court. In 1997, the Supreme
Court breathed new life in the case by finding
that our state constitution guarantees “every
child of this state an opportunity to receive a
sound basic education in our public schools.”
• Definition of a Sound Basic Education
– “(1) Sufficient ability to read, write and speak the English
language and sufficient knowledge of fundamental mathematics
and physical science to enable the student to function in a
complex and rapidly changing society;
– (2) sufficient fundamental knowledge of geography, history and
basic economic and political systems to enable the student to
make informed choices with regard to issues that affect the
student personally or affect the student’s community, state, and
nation;
– (3) sufficient academic and vocational skills to enable the
student to successfully engage in post-secondary education or
vocational training;
– (4) sufficient academic and vocational skills to enable the
student to compete on an equal basis with others in further
formal education or gainful employment in contemporary
society.”
Leandro v. State , 346 N.C. 336, 347, 488 S.E.2d 249, 255
(1997)
Extend or Limit?
•
•
•
•
•
Marbury v. Madison (1803)
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
State of NC v. Mann (1830)
Leandro
Do Now
• What is one right that you have that you
would never want to give up? Why?
Bill of Rights
• Protects our civil liberties - > the freedoms we
have to think and to act without government
interference or fear of unfair treatment.
Bill of Rights
• 1st Amendment
– R -> Religion
– A-> Assembly
– P -> Press
– P -> Petition
– S-> Speech
Bill of Rights
• 4th Amendment
– Protects against unreasonable searches and
seizures
Bill of Rights
• 5th Amendment
– Protects the rights of people accused of a crime
•
•
•
•
No one can be put on trial without an indictment
Protects from double jeopardy
Right to remain silent
Cannot be denied life. Liberty or property without due
process of law
• Protects a citizen’s property rights
Bill of Rights
• 8th Amendment
– Forbids excessive bail
– Forbids excessive fines
– Forbids cruel and unusual punishments
Bill of Rights
• 6th Amendment
– Rights to speedy, fair trial
• People accused of crime be told the exact nature of the
charges
• Trial by jury
• Trial must be speedy & public & jurors impartial
• Hear & question witnesses; call witnesses
• Lawyer provided
• For each case decide which amendment is
violated.
• Decide what the ruling should be.
First Amendment
Engel v. Vitale, 1962
• Neither the prayer’s nondenominational
character nor its voluntary character saves it
from unconstitutionality. By providing the
prayer, New York officially approved religion.
Tinker V. Des Moines, 1969
• - The wearing of the armbands was part of
freedom of speech. Although school officials
have the right to prohibit certain actions, they
fail to show how the protest would cause
trouble and disturbance in the school setting
Bethel School District No. 403 v. Fraser,
1986
• The court found that it was appropriate for
the school to prohibit the use of vulgar and
offensive language.
Hazelwood School District v. Kuhlmeier,1988
• school newspapers are sponsored by the
school and articles not directly reflecting the
view of the school for “learning” purposes can
be deleted from the paper.
Texas v Johnson,1989
• - The court found that the burning of the flag
is protected under “expression” in the 1st
amendment.
4th Amendment
Mapp v. Ohio, 1961
• - Materials obtained from a violation of the 4th
Amendment is inadmissible in a state court
Search
Warrant
New Jersey v. T.L.O, 1984
• The school official is allowed
to search a student if he/she
has reasonable suspicion
that a crime has been
committed or is in the act of
being committed.
5th Amendment
Miranda V. Arizona, 1966
• -A person in police custody “or otherwise
deprived of his freedom…must be warned
prior to any questioning that he has the right
to remain silent, and that anything he says can
be used against him in the court of law..”
In Re Gault, 1967
• The Supreme court
determined the
proceedings of the
Juvenile Court were
unconstitutional due to
violation of due process
clause of the 14th
amendment
Gideon V. Wainwright, 1963
- Gideon had the right to be represented by a
court-appointed attorney. The right to an attorney
was essential to a fair trial. Lawyers in criminal
courts are necessities, not luxuries.
Furman V. Georgia-1972
• The Supreme Court held
that the death penalty
constituted cruel and
unusual punishment and
violated the Constitution
and states must rethink
their capital punishments
laws .
Gregg V. Georgia-1976
• The Court held that a
punishment of death did
not violate the Eighth and
Fourteenth Amendments
under all circumstances.
Do Now
• What Amendment would you propose to
Congress? Why?
Civil War Amendments
• 13th Amendment
– Prohibits slavery
• 14th Amendment
– Defines citizenship
• 15th Amendment
– African Americans can vote
Voting Amendments
• 15th Amendment
• 19th Amendment
– Women can vote
• 23rd Amendment
– DC can vote for President & VP
• 24th Amendment
– Poll taxes illegal
• 26th Amendment
– 18 year old can vote
Presidential Amendments
• 22nd Amendment
– Term limits for president
• 25th Amendment
– Presidential succession
•
•
•
•
•
•
•
•
Amendment
Propose
Ratify
Suffrage
judicial review
due process
Supremacy Clause
Establishment
Clause
•
•
•
•
Constitutional
Unconstitutional
majority opinion
concurring
opinion
• dissenting opinion
• writ of certiorari
• unanimous