Bill of Rights & Constitution (Cont.)
I.
Intro
II. Bill of Rights
A. 1st = Five Freedoms
B. 2nd Amendment
C. Due Process
•
4th, 5th, 6th, 8th
III. Constitutional Convention
A. Controversy & Compromise
3. Presidential/Electoral
Compromise
•
•
•
•
Key Terms
Establishment Clause
Libel
Slander
Electoral College
http://www.colbertnation.com/the-colbert-report-videos/180282/september-052008/better-know-a-district---lynn-westmoreland-update
Bill of Rights
How Have They Been Interpreted?
Bill of Rights
• First 10 Amendments to the US Constitution
Amendment #1
• Five Freedoms (these rights are protected):
– Speech
– Press
– Religion
– Peacefully assemble
– Complain
Limits to First Amendment
(And all other rights)
• No Single Right is
Absolute!
• Freedom for an individual
ends when their actions
trample on the rights of
others
Amendment #1
• Five Freedoms (these rights are protected):
– Speech
– Press
– Religion
– Peacefully assemble
– Complain
Do you support a constitutional amendment
allowing for prayer in schools?
Support
53.9%
Undecided
15.4%
Opposed
26.9%
Source: 6/10 Student Survey at WSCC
Amendment #1
(Religion)
Establishment Clause
• Separation of Church & State =
The Government cannot force
people to follow one religion
Thomas Jefferson
Amendment #1
(Religion)
Free Exercise Clause
•
•
Joseph Smith; founder of
LDS (Mormon) Church
Allows people to practice their
religion with little government
involvement
Some practices are prohibited
Amendment #1
(Speech)
Free Speech
•
•
No right to yell “Fire” in
movie theater
Slander: an oral statement
damaging to a victim
Amendment #1
(Press)
Freedom of the Press
•
Libel: a written statement
damaging to a victim
Amendment #1
• Five Freedoms (these rights are protected):
– Religion
– Speech
– Press
– Peacefully assemble
– Complain
July 4 Parade in Ludington
2nd Amendment
Bottom Line
• Individuals have the right
to keep and bear arms
• That right can be regulated
by the states and federal
government
June 2008 Supreme
Court Ruling
Do you think owners of handguns should
be required to register them?
Support
Undecided
Opposed
80.8%
3.9%
11.5%
Source: 6/10 Student Survey at WSCC
The Federal government needs to do more
to control the sale of handguns.
I agree
38.5%
I am undecided
26.9%
I am opposed
23.1%
Source: 6/10 Student Survey at WSCC
4th Amendment
(Due Process)
• People have the right to
privacy in their homes;
unreasonable searches are
prohibited
• To search, the Police need:
– Probable cause
– Search Warrant with a
list of items
5th Amendment
(Due Process)
•
•
•
•
For major crimes a Grand
Jury investigates charges
Accused cannot be forced
to incriminate themselves
Property cannot be taken
without due process; nor
without fair compensation
for public use
Provides protection
against double jeopardy
5th Amendment
(Due Process)
•
Hollywood’s version...
6th Amendment
(Due Process)
•
Defendants have the right to:

a speedy trial, with a jury of
their peers in the area where the
crime was committed
 question accusers & bring
witnesses in their defense
 an attorney
– One is provided if a defendant
faces jail time & cannot
afford one
Guantanamo Bay Anniversary
(January 2007)
http://www.colbertnation.com/the-colbert-reportvideos/80783/january-11-2007/happy-anniversary-guantanamo
8th Amendment
(Due Process)
• No cruel or unusual
punishment is allowed;
no torture. The
punishment must fit the
crime.
Do you support the Death Penalty?
I agree
61.5%
I am undecided
15.4%
I am opposed
19.2%
Source: 6/10 Student Survey at WSCC
Bill of Rights
How Have They Been Interpreted?
Some Problems With the Articles of
Confederation
1. Each state had one vote
(regardless of its population);
to amend Articles unanimous
support was needed
2. There were neither
Executive nor Judicial
Branches
3. The national government
did not have the power to
tax; states could coin own
money & conduct foreign
policy
Articles of Confederation
Controversy: Representation in Congress
Virginia Plan (Madison)
James Madison
1.
Eliminate the Articles of
Confederation
2.
Separate the National
Government into three
branches: Legislative (most
powerful), Executive &
Judicial
3.
Representation in the
Legislative Branch would be
determined entirely by a
state’s population
Solution = Great Compromise
(Franklin)
Legislative
House of Representatives
•Based on population
Senate
•Two for each state
Executive
Judicial
Controversy: How to Count Slaves?
Solution = 3/5 Compromise
• One slave is equal to 3/5 of a
person when determining a
state’s population
Torture Mask
Controversy: Chief Executive
Legislative
Executive
(President)
House of Representatives
How to
choose?
Senate
Electoral
College
Judicial
How The Electoral College Works
Two Key Concepts:
1. In order to win a Presidential election a candidate
must win a majority of electoral votes (270).
2. The candidate who wins the most popular votes in
a state wins ALL of that state’s pledged electoral
votes.
The Electoral College & The States
(Michigan as an example)
MICHIGAN’S ELECTORAL VOTES
15
Members of the US House of Reps
2 _ US Senators
17
Electoral Votes
Michigan’s 15
Congressional
Districts
Each district
represents
about 650,000
people
Distribution of Electoral Votes
STATE
1992- 20022002 2012
STATE
1992- 20022002 2012
Alabama
9
9
Illinois
22
21
Alaska
3
3
Indiana
12
11
Arizona
8
10
Iowa
7
7
Arkansas
6
6
Kansas
6
6
California
54
55
Kentucky
8
8
Colorado
8
9
Louisiana
9
9
Connecticut
8
8
Maine
4
4
Delaware
3
3
Maryland
10
10
WA DC
3
3
Massachusetts
12
12
Florida
25
27
Michigan
18
17
Georgia
13
15
Minnesota
10
10
Hawaii
4
4
Mississippi
7
6
Idaho
4
4
Distribution of Electoral Votes
STATE
1992- 20022002 2012
STATE
1992- 20022002 2012
Missouri
11
11
Pennsylvania
23
21
Montana
3
3
Rhode Island
4
4
Nebraska
5
5
South Carolina
8
8
Nevada
4
5
South Dakota
3
3
New Hampshire
4
4
Tennessee
11
11
New Jersey
15
15
Texas
32
34
New Mexico
5
5
Utah
5
5
New York
33
31
Vermont
3
3
North Carolina
14
15
Virginia
13
13
North Dakota
3
3
Washington
11
11
Ohio
21
20
West Virginia
5
5
Oklahoma
8
7
Wisconsin
11
10
Oregon
7
7
Wyoming
3
3
Electoral College
Michigan and the Presidential Election of 2008
Candidate
Popular Vote
Obama
57%
McCain
41%
Others
1%
So, Barack Obama received ALL 17 of Michigan’s
pledged electoral votes.
Presidential Election Results
2008 Election: US Results
Candidate
Electoral Vote
Popular
Vote*
Obama
McCain
Others
*Voter
365
173
0
52.9%
45.7%
1%
turn-out was VERY high: about 136 million
64% of eligible voters
Other Presidential Election Results
Candidate
Bush
Gore
Others
*Gore
2000 Election
Electoral Vote
271
267
0
Popular
Vote*
48%
48.5%
4%
received about 500,000 more popular votes.
Other Presidential Election Results
1860 Election (156 = Majority)
Candidate
Abraham Lincoln
Stephen Douglas
John Breckenridge
Electoral Vote Popular Vote
180
12
72
39.9%
29.5%
18.1%
Electoral College
If no candidate wins a majority of the
Electoral Votes, then:
1. The US House of Representatives chooses the
next President among the top three finishers
2. The US Senate chooses the next Vice
President among the top two finishers for VP
Bill of Rights & Constitution (Cont.)
I.
Intro
II. Bill of Rights
A. 1st = Five Freedoms
B. 2nd Amendment
C. Due Process
•
4th, 5th, 6th, 8th
III. Constitutional Convention
A. Controversy & Compromise
3. Presidential/Electoral
Compromise
•
•
•
•
Key Terms
Establishment Clause
Libel
Slander
Electoral College