HELLO! I’M MRS. LONG Marissam.long@gmail.com

PLAY ME

POLL THE CLASS Is it legal to burn a

U.S. flag?

Is it legal for the military to arrest U.S. citizens on American soil and detain them in military prisons forever without offering them the right to legal counsel or even a trial?

Is it legal for the government to monitor your wire, oral or electronic communication?

Do you have to answer questions by law enforcement?

The Constitution!

The Constitution!What does it do?

Established structure and power of the government.

Broken down into 3 parts: Preamble, the articles and the amendments.

1) The Preamble

Introduction - states why the constitution was written.

stability, order, protects citizen’s liberties and serve the people

The 7 Articles Article 1-3 – Create the 3 branches of gov.Article 4 – Explains the relationships among the states and federal gov. Article 5 – explains amendments

Article 6 –“supremacy clause” saying that the constitution, our laws and treaties are ironclad Article 7 – Addresses ratification

The Amendments

Changes to the Constitution (“Connie”)

27x in our history

First 10 are “Bill of Rights!”

PLAY ME

Major Principles/Themes

1. Popular Sovereignty – “Power to the People!”

2. Federalism – Power is divided between national and state gov.

3. Separations of Powers – limits central government by dividing it by 3.

4. Checks and Balances – Each branch of government exercise some control over the others.

5. Judicial Review – The power of the courts to make laws invalid if they violate the “Connie.”

6. Limited Government –Limits the power of gov.

The Legislative BranchCongress and the Senate

legislative branch has “expressed powers” power that comes directly from “Connie”

Powers given to legislative branch by “Connie” are called the enumerated powers # 1-18.

5 deal w/ economic law: power to tax, print/barrow $, punish counterfeiters

7 deal with defense: declare war, rai$e/$upport armed forces, navy

Finally: “the elastic clause” - the right to make all laws “necessary and proper” to carry out their powers.

The “Matthew Shepard Hate Crimes Prevention

Act” (2011) Modern example of the legislative branch using the “elastic clause” to make a law that is “necessary and proper” Play Me: E.C.

 The Executive Branch:

P.O.T.U.S! President!

Protect liberty, private property & business

Power to check the legislative branch

President’s powers are vague and broad under “Connie” = interpretation

P.O.D.U.S can fire officials in the executive branch, take 911 action to save the nation, make agreements with foreign nations

The Executive Branch: Powers

Meet with heads of state

Commission all military officials

Ensure that laws are “faithfully executed”

Commander in Chief of armies forces

Appoints cabinet members (Senate must approve)

Pardon power

Make treaties (with Senate approval)

Appoint ambassadors

State of the Union

Call Congress into session

AS SEEN ON TV!

Play Me: BEST SHOW EVER!

Judicial Branch“Shortest” of the implied “Connie” powers

Federal courts & second is the courts of each of the 50 states 

Federal courts only hear cases involving U.S. laws, treaties or interpretation of “Connie”

“The Valor Act” goes to Supreme Court Play Me: Judical Power circa 2012

Monday, March 5 1) While you were sleeping2) Hand out information to YOU!

Amending “Connie”

Proposing Amendments:

1) 2/3 vote in congress2) 2/3 of states (petition to Congress)

Ratifying Amendments:

1) ¾ of state legislatures must approveEach state is called to special ratifying convention and ¾ approve there

Congress Sets the Rules:

They decide how an amendment will be ratified and how long each state has to decide

How long do you think the states have?

The Amendments

Interpreted at “the people’s rights”

Limits the rights of government

1791 – The Bill of Rights were ratified (first 10)

The Bill of Rights1st Amendment

Freedom of religion (separation between church and state)

Freedom of speech

Freedom of the press

• Freedom of expression

• Right to assembly (Occupy Wall Street)

• Limits: Slander & libel

2nd Amendment

• Right to bear arms

Work on your Bill of Rights! HW – Read p.87-90 Q:2

Thursday, March 81) Why You Were Sleeping….2) 11-27 and The Federal System!

• 11 – Suits Against States

• 12 – Election of President & Vice President

• 13 – Abolition of Slavery

• 14 – Rights of Citizens

• 15 – The Right to Vote

• 16 – Income Tax

• 17 – Direct Election of Senators

• 18 – Prohibition!

• 19 – Woman Suffrage… ’bout time….

• 20 – “Lame-Duck” Amendment

• 21 – Repeal Prohibition!

• 22 – Limit on Presidential Terms

• 23 – Presidential Electors for D.C.

• 24 –Abolition of Poll Tax

• 25 – Presidential Succession

• 26 – Eighteen-Year-Old Vote

• Restraints on Congressional $alaries

The Federal System! National Powers

• Connie give national gov. 3 types of power: Expressed, Implied, Inherent

• Collectively, these are known as “delegated power”

Expressed Powers• Powers directly

expressed in Connie

• Most found in Articles 1-3– Levy and collect

taxes– Coin money– Declare war– Raise an

Army/Navy

• These expressed powers are also called “enumerated powers”

Implied Powers• The powers that

the government requires to carry out the expressed powers

• Implied powers spring from/depend on express powers

• Ex: The draft

• The basis of these powers is the “elastic clause”

• Implied powers help Nat. Gov. strengthen and expand authority that were unforeseen in 1790

• Ex: Nuclear Power and space program

Inherent Powers• Powers that the

national government has just because they are the government

• Ex: Controlling immigration, foreign relations

• Play Me: Obama downs Guiness in Ireland

States and the Nations

• Reserved Powers – Powers Connie gives only to state governments – Ex: Public Schools

• Supremacy Clause – Federal law trumps state law.

• Concurrent Powers – Powers that both national and state government have – Ex: Power to tax,

make courts and define crime

• Denied Powers – Powers specifically denied to all levels of government. – Ex: Taxing

exports, states cant make treaties with foreign nations

Guarantees to the States

• 1) Republican Form of Government: Congressional responsibility. Seats in Congress and Senate is example

• 2) Protection: National government must protect states from invasion and domestic violence (National Guard)– Ex: Little Rock, integration of public schools – Play Me: Little Rock Nine TRT 3:42

Admission of New States

• Connie gives Congress the power to admit new states into our union (?)

• “Enabling Act” – What starts the procedure of admissions. When signed by President, territories can start to write state constitution. Then people vote, then Congress to admit a new state

• Conditions – Congress or Pres may make conditions like changing their constitution

• Equality of the States – Each state is equal and has rights to control it’s own affairs

The Courts as Umpire

• Supreme Court (“Juicy J”) plays key roll as umpire for our federal gov.

• The question of national government vs. state government was decided early in landmark case McCulloch vs. Maryland (1819)

Relations Among the States

1. Interstate Relations: “Full Faith & Credit” – each state must recognize the laws and legal procedures of the other states. Ex: Car registration

2. Privileges & Immunities: one state may not discriminate unreasonably against citizens of another state

Ex: People have the right to live in any state, us the courts, buy/sell property.

Relations Among the States

• 3) Extradition – Governor of the state to which fugitives have fled are responsible for returning criminal to state where crime occurred

• 4) Interstate Compacts – The chief way in which states negotiate. – Written agreements

between 2 or more states.

– Congress must approve pacts

Relations Among the States

• 5) Lawsuits Between States – State issues that can’t be resolved can end up in lawsuits– Suits b/t states go to Supreme

Court