Ch. 3

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Friday 1/15
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RAP
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Today:
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Tuesday:
• Why do you get Monday off from school?
• Constitution video PBS
• Review “The Six Basic Principles of the Constitution”
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Pages 64-70.
Ch. 3: Please include in your notes. Know vocabulary,
formal and informal amendment process, and
amendments #1-27
Universal Human Rights w/ partner
MLK Jr. Day
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Former Arizona governor Bruce Babitt, a Democrat, created the holiday in
Arizona by executive order just before he left office in 1986, but his
Republican successor Evan Mecham, armed with an attorney general's
opinion that Babbitt's order was illegal, rescinded it days after he took
office.
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In 1989, the Arizona state legislature replaced Columbus Day with the King holiday.
In 1990, Arizonans were given the opportunity to vote to observe an MLK holiday.
In 1990 the National Football League threatened to move the Super Bowl that was
planned to be in Arizona in 1993 if the MLK holiday was voted down.
The state legislature passed a measure to keep both Columbus Day and Martin Luther
King Day, but 76% of voters rejected the King holiday. Consequently, the state "lost $500
million and the Super Bowl" which moved to the Rose Bowl in Pasadena, California. In a
referendum in 1992, the voters approved recognition of the holiday.
XC Democrat debate
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Sunday – usually 6pm or 7pm
Follow directions on handout
Create word bubble
Turn in notes and word bubble on
Tuesday
PBS: Constitution USA— “It’s a Free
Country”
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Get out a piece of paper.
• Title: PBS “It’s A Free Country” video notes
• As you watch take notes on:
• The Bill of Rights addressed
• How d
Tuesday 1/19
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RAP
• What religious group continues to protest at fallen
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soldiers funerals?
Do you think people have changed the meaning of the
Bill of Rights? (from what the founding fathers
intended?)
• Explain.
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Today:
• Review the Six Principles
The Six Basic Principles of
The American Constitutional
System
Group readings and posters
IN GROUPS
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In your groups
• please read your principle and write down three
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important facts and / or examples.
Create a poster illustrating your principle.
Present to class
• Popular Sovereignty
• Limited government
• Separation of powers
• Checks and balances
• Judicial review
• Federalism
Popular Sovereignty (self
governing)
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Government can govern only
with the consent of the
governed
• Contrast to “the will of the majority”
• The people are in charge of their
own communities, religions, and
social interactions
Limited Government
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The government can only intrude with the people’s
consent
Government must obey the law -Constitutionalism –government must be
conducted according to the constitutional
principles.
The government and its officials are always subject to
the law: rule of law
First amendment—shows limits of government
Separation of Powers
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Powers are distributed among the
three branches
• Legislative (Congress)
• Executive (President)
• Judicial (the courts)
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The separation was created to
prevent too much power in the hands
of one person, or a few people
Checks and Balances
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Each branch is subject to constitutional
restraints by the other branches
“You must first enable the government to control the
governed, and next oblige it to control itself.” –James
Madison
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In general, the branches of government
restrain themselves as they attempt to achieve
their goals
Look at the diagram on page 68 – create your
own diagram on the back of your handout.
Wednesday 1/20
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RAP
• In your own words, what is the difference between
a formal amendment and an informal
amendment?
Today:
• 27 amendments.
• Make sure you write what the amendment
means and then also in your own words! 
give an example to help you understand it.
Judicial Review
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The power of courts to determine whether what government
does is in accord with what the Constitution provides.
The landmark case Marbury v. Madison (1803) established
the power of the judicial branch to determine the
constitutionality of an action of government
The Supreme Court is the ultimate authority of the
Constitution
Unconstitutional—to declare illegal, null and void; power
is held by all federal courts and by most state courts.
Federalism
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The division of power among the central
government and several regional
governments
Framers found Federalism to be a compromise
between a strict central government and a loose
confederation, such as the Articles of
Confederation
National government holds some powers and
others belong to the 50 states.
Unit 1 Study Guide
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#28-35 is from Ch. 4 – so please do this
first as we cover Federalism this week in
class. 
The Constitution
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A nation without a national government is, in
my view, an awful spectacle.
--Alexander Hamilton, The Federalist
Papers, No. 85
History of the Constitution
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Solitary Neglect: Distance from England
allowed relaxed control.
Declaration of Independence: established
key principals for a federal system of
government
Articles of Confederation
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showed the fear of a strong central government
gave state governments more power than the
central
The Constitution pg.760
The Preamble: purpose of government
“We the People” –What does this mean?
Article I: Legislative Branch (make laws)
Article II: Executive Branch (enforce laws)
Article III: Judicial Branch (interpret laws)
Article IV: Relations Among States
Article V: Provisions for Amendments
1. 2/3 vote both the House and Senate
2. 2/3 of state legislatures
Article VI: Debts, Supremacy, & Oaths
“Supremacy Clause” Article VI sec.2
The Constitution
Expressed Powers: Specifically written in the Constitution
Implied Powers: not expressly state in the Constitution; are
reasonably suggested. Elastic Clause
• Congress has the power to tax, therefore it can make tax
evasion a crime.
Inherent Powers: belong to the national government
because it is the government of a sovereign nation.
• Congress regulates immigration
Which of the 3 powers is less likely to be challenged by
checks & balances?
Formal Amendment Ch. 3.2
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Constitution has been modified over the
past 200 years.
• Words and phrases have been added, eliminated,
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and / or changed.
This process has happened in two ways:
• Formal amendment
• Informal amendment
Formal Amendment
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Four possible methods of formal
amendment
• First method:
may be proposed by twothirds vote in each house of Congress and be
ratified by three fourths of the State
legislatures.
• 38 state legislatures must approve an amendment
for it to become a part of the Constitution.
• 26 of the 27 amendments were adopted this way.
Formal amendments cont.
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Second Method: may be proposed by
Congress and then ratified by
conventions, in three fourths of the
states.
• 21st amendment, in 1933 was adopted in
this way.
• Congress felt the elected delegates would most
likely reflect public opinion.
Formal amendment cont.
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Third Method: may be proposed by a
national convention, called by Congress
at the request of two thirds of the State
legislatures.
Formal amendments cont.
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Fourth Method:
• May be proposed by a national convention
and ratified by conventions in three fourths of
the States.
Federalism and Popular
Sovereignty
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Proposal of amendments takes place at the
national level and ratification is a State by State
matter.
Amending the Constitution represents the will of the
people.
Proposed amendments:
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27 amendments-
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• Congress proposes – States ratify
• Which is the most important amendment to you?
Why?
Bill of Rights, pg.771
Were added less than three years after
the Constitution became effective.
• First proposed by the First Congress in 1789.
• Ratified by the States in late 1791.
• Sets out the basic rights of the people.
Informal Amendments Ch. 3.3
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Real key to constitutional change and
development lies in the process of
informal amendment.
• The process by which over time many
changes have been made in the Constitution
• Informal amendments are the result of the day-today, year to year experiences of government.
Five basic ways informal takes
place.
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Basic legislation- passed a number of
laws to spell out several of the
Constitution’s brief provisions.
• Like… interstate commerce
What is it that
Congress has the power to regulate?
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Executive Action- expanded executive
action.
• Executive agreement is a pact made by the
President directly with the head of a foreign
state.
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Party Practices- Constitution makes no
mention of political parties, yet they have
played a major role in the shaping of
government.
• National conventions, electoral college
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Custom – many customs have
developed in our governmental system.
• Cabinet-an advisory body to the President.
Optional: Extra Credit:
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Write a poem/song that incorporates each amendment of
the Bill of Rights
• 10 stanzas (4 lines per stanza)
• rhyming would be nice!
• filming song being played a bonus!
For the rest of class
• Articles of the Constitution
• Look at chart on page 65—copy it in your notes leaving space
between each one for additional notes.
• Turn to page 760:
• As a class review articles.
• please add a few notes on each article of the Constitution.
• Ex. Article I and II: Qualifications, term
• Article III, and others: term, summary, etc.
• Amendments
Human Rights
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All member nations have signed the Declaration
of Human Rights.
Does this mean countries who are not members
do not have these rights?
Which person, from the United States, led the
committee in the United Nations to create this
document?
What person (different from above) from the
United States has fought for rights of all
people?
Handout for notes on vocabulary
and terms for Ch. 3
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Please have this complete by Thursday.
Today:
• With the person sitting next to you, please read the second
paragraph of the Declaration of Independence on page 40.
• Think about what the founders believed.
• Read each article of Human Rights from the booklet, and
the corresponding section of the Constitution, starting on
page 760.
• Using complete sentences, explain how Universal
Human Rights are reflected in the U.S. Constitution.
• WRITE THIS OUT IN YOUR OWN NOTES! PLEASE DO NOT
WRITE ON THESE HANDOUTS!
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