Political Science Unit #2 – The Constitution. Key Learning Each piece of the basic structure of...

Political Science

Unit #2 – The Constitution

Key Learning• Each piece of the basic structure of the

Constitution serves a specific function, as do the major principles on which the Constitution was founded. The Constitution divides the US government in to three separate branches – Judicial, Legislative and Executive – and provides the framework for their basic functions. The Constitution can be changed via the amendment process, a variety of informal changes, or court decisions. The Amendments to the Constitution illustrate not only the changing nature of democracy, but also the changing nature of American society as a whole.

Unit Essential Question

• How does the Constitution, in both its original and changing form, illustrate democracy in the past and present of the United States?

Pre-Test

Homework –

•Honors – Read Chapter 3 Section 1 & Chapter 4; Fix Test

•CP – Roots of Democracy (ON WEBSITE), Complete “Sum it up” Pages 1-3 ONLY; Fix Test

Class Work

• Constitution Matching Game– With a partner match the different parts of the

constitution

Lesson #1

• Constitutional Principles and Structure

Lesson Essential Question #1

• What is the structure of the US Constitution?

• How do the six underlying principles of the Constitution form the foundation of the US Government?

Vocabulary

• Article• Jurisdiction• Supremacy clause• Amendments• Popular sovereignty • Federalism• Separation of

powers

•Checks and balances

•Veto

•Judicial review

What would happen if you tried to play a football game without rules? • Work with a partner to answer the

question above

• Write down your answer in your class notes section of your notebook

• Be prepared to share with class

Why might the Constitution be considered a rule book for the government?

Why is it important that Americans

understand the Constitution?

Poll: What do you think?

Is it more fair for every state to have the same amount of power or for states with more people to have more power?

All states should have the same power

Larger states should have more power

Why?

Ta-Da! Presenting… The Constitution!

Finally!

Getting a Constitution

VIDEO

http://www.history.com/videos/america-gets-a-constitution#america-gets-a-constitution

Structure of the US Constitution• What are the three parts of the

Constitution? – Preamble– Seven Articles– Amendments

Preamble• Introduction to why Constitution was

written• 6 goals listed –

– Form more perfect Union– Establish justice– Ensure domestic tranquility– Provide for the common defense– Promote the general welfare– Secure the blessings of liberty

We the people of the United States……

http://player.discoveryeducation.com/index.cfm?guidAssetId=DF9F0372-9BD0-4C93-B4F6-66634C84F043&blnFromSearch=1&productcode=US

Seven Articles

• Video – Exploring the Articles of the Constitution

http://player.discoveryeducation.com/index.cfm?guidAssetId=926a1350-b38a-4d1e-86c9-928ac3ed56de&blnFromSearch=1&productcode=

Video Review Questions

• What was the first constitution of the United States?

• What problems did the first document have?

• Where was the Constitution written?

Seven Articles• Article I – Legislative Branch

• Article II – Executive Branch

• Article III – Judicial Branch

• Article IV – Relationship among states and to national government

• Article V – Amendment Process

• Article VI – Supremacy Clause

• Article VII – Ratification

Article 1 – Legislative Branch

• Section 1 – Created US Congress

• Section 2 & 3 – House of Representatives and Senate

• Other sections – procedures for making laws, types of laws that can be passed, specifies powers Congress does not have

• Video – The Legislative Branch



• What does Article I set up?

• What power does only Congress have?

• Which part of Congress begins the process for creating a new law?

• What determined the number of people each state can send to Congress?

• How many representatives are in the House? Senate?

Article II – Executive Branch

• Section I – Establishes President

• Other sections – powers and duties of President, qualifications for President, procedures for electing President, provide for a Vice President

• Video – Executive Branch



• What is the Executive Power? Why is it so vague?

Article III – Judicial Branch

• Section 1 – Supreme Court is head of Judicial branch– Gives national government power to create

lower federal courts

• Section 2 – authority of Supreme Court and federal courts

• Section 3 – treason against US

• Video – The Judicial Branch



• What power does the Supreme Court have over any laws?

• What is the primary job of the Supreme Court?

• How many justices are on the Supreme Court?

• What is treason?

Article IV

• Explains relationship of states to each other and to the national government

• Requires all states to give any citizens rights

• Sets up procedures for adding new states

• National government will protect states against invasion or domestic violence

Article V

• Amendment Process

• Video – Amendment Process

http://player.discoveryeducation.com/index.cfm?guidAssetId=0A215E2D-8795-427A-AA5E-A5DCCF6C2DB6&blnFromSearch=1&productcode=US


• What does amendment mean?

• What are the two phases to the amendment process?

• Whose job is it to ratify an amendment?

• What amendment is the only one to be repealed?

Article VI

• Supremacy Clause – Constitution is supreme law of land

• Video – Supremacy Clause



• What do every official in state or national government swear to uphold and protect?

• Explain uniformity of law.

Article VII

• Ratification of Constitution– 9 States

Video – Ratification



• How many of the original 13 colonies had ratified the Constitution in the first year?

• Who was our first President?

• What addition to the Constitution was added because some believed it didn’t go far enough to protect the people?

Amendments

• Allows for document to remain responsive to changing needs of nation

• How many Amendments are there?

27

• What are the first 10 Amendments called?

Bill of Rights

Video - Amendments

http://player.discoveryeducation.com/index.cfm?guidAssetId=73118274-A3BA-409F-A8AE-F1FBA742619E&blnFromSearch=1&productcode=US

Mini Quiz #1The Constitution

Choose the correct words:1. Congress can make/carry out laws

but cannot make/carry out laws.

Choose the correct words:1. Congress can make laws but

cannot carry out laws.2. The President can make/carry

out laws but cannot make/carry out laws.



cannot carry out laws.2. The President can carry out laws

but cannot make laws.3. The courts cannot make/carry

out or make/carry out laws, but they can interpret what laws mean.



cannot carry out laws.2. The President can carry out laws

but cannot make laws.3. The courts cannot make or carry

out laws, but they can interpret what laws mean.


Under the Constitution…

1. Laws are made by the _____ branch.

A B executive legislative



2. States must treat people from other states _______.

A B the same differently



3. Laws passed by Congress are _____ to state laws.

A B superior inferior



4. Congress has _______.

A B one chamber two chambers



5. Each state gets two representatives (votes) in the _______.

A B House of Senate Representatives



6. In the House of Representatives, the number of representatives each state gets is based on its _______.

A B Population Taxes



7. The President is the head of the ____ branch.

A B Legislative Executive



8. The executive branch ______ laws.

A B Carries out Interprets



9. One goal of the Constitution is to establish ______.

A B Justice Anarchy



10. The articles of the Constitution don’t

say anything about _____.

A B Rights Laws


CP Class Work

• Complete – – Worksheet – Presenting….The Constitution– Worksheet – Government Crossword

Major Principles of Constitution

• 6 Major Principles– Popular Sovereignty– Federalism– Separation of Powers– Checks and Balances– Judicial Review– Limited Government

Popular Sovereignty

• Rule by the people

Federalism

• Basic structure of American government

• NOT FEDERAL GOVERNMENT

• Constitution set up federal system– Power is divided between national and state

governments

• Why do you think the Founding Fathers chose this system of government over a unitary system?

Separation of Powers•3 branches – legislative, executive & judicial

•Each branch has own responsibilities

•Set up to prevent any branch from gaining too much power

Checks and Balances• Each branch as some control on the others

Judicial Review

• Power to declare laws and actions of local, state or national governments unconstitutional

• All federal courts have power

• Supreme Court is final authority

• Marbury v. Madison (1803)

VIDEO

http://player.discoveryeducation.com/index.cfm?guidAssetId=AEB05AAA-B1CE-4A4E-8CB5-B3A37EDA9A27&blnFromSearch=1&productcode=US


• What is Judicial Review?

• What is the background for the case of Marbury vs. Madison?

• What is the difference between Article III and the first 2 Articles?

• Who was the Chief Justice of the Supreme Court during the Marbury v. Madison trial?

Limited Government

• Constitution limits power of governments

• Restricts actions of government by specifically listing its powers and describing powers it does not have

Class work

CP

• WHAT’S FOR LUNCH?

Honors

• Aristotle

• WHAT’S FOR LUNCH?

Exit Ticket• The Constitution was established by our

Founding Fathers to be a “living, breathing” document. Is this still true today? Explain.

Homework• Honors #2 – Study for Quiz; Read CH 13

Sections 1-3

• CP #2 – Study for Quiz; Print and Complete - Why do we have a House and Senate? PAGE ONE ONLY

QUIZBasics of the US Constitution

Lesson #2a• Three Branches of Government - Congress

Lesson Essential Question #2a• What specific powers are granted to the

Legislative branch?

• How do the powers that the three branches share create conflict between the Legislative, Judicial and Executive bodies?

Vocabulary

• Expressed powers

• Enumerated powers

• Elastic clause

• Federal bureaucracy

Class Representative

• With a partner complete the following – – Pick someone from class who you believe

would best represent you and your interests– Make a list of at least 5 reasons why he or

she would make a good representative


Class Representative

1.

2.

3.

4.

5.

Quick Facts about Legislative Branch

• What other name does the legislative branch go by?

• How many groups are there within this branch? What are they called?

• How many representatives are there in this branch?

• What is their main job?


• What other name does the legislative branch go by? Congress







2; Senate, House of Representatives







• How many representatives are there in this branch? Senate 100, House 435






• How many representatives are there in this branch? Senate 100, House 435

• What is their main job? Make the laws

Congressional Sessions

• Start on Jan 3rd of odd years and last two years– Example 101st Congress began in Jan 1989;

102nd began in Jan 1991

• Term of Congress divided into 2 sessions– Lasts one year; remain in session until vote to

adjourn– President may recall for special session

Membership of CongressHouse of Rep• Qualifications

– 25 yrs old, citizen of US for 7 years

• Term of Office– 2 years; – elections held in November

of even years– House is reelected every 2

years• #s in the House - 435

– Population– National census

Senate • Qualifications

– 30 yrs old, citizen of US for 9 years

• Term of Office– 6 years; – elections held in November

of even years– 1/3 of senate runs for

reelection every 2 years• #s in the Senate – 100

– 2 per state

Why are the sizes of the 2 groups different?

Membership of Congress• Privileges

– Salary – • Set own salaries and raises• 1789 = both houses $6 per day• 1991 = yearly salary of $125,100• Today = yearly salary of $174,000

– Benefits• Income tax reduction, allowances, pensions

– Protections• Free from arrest except treason, felony and breach

of the peace • Cannot be sued during congressional sessions

Class work

• Separation of Powers – – 2 Readings to pick from

• Who has power to declare war? • Does US involvement in Libya violate the War

Powers Act?

Homework

• CP #3 – Read Powers of Congress

• Honors #3 – Read Chapter 14

What do you know?

• Congress has many rights, responsibilities and powers.

• Work with a partner and make a list of at least 5 rights, responsibilities or powers that a member of Congress has.

• Be prepared to share with the class

List of 5 R,R or P

• 1.

• 2.

• 3.

• 4.

• 5.

Today’s Lesson

• Congress’s powers– Voting in Congress: More Than “Yea” or “Nay”

Homework

• CP #4 – Read How a Bill becomes a Law

• Honors #4 – Read Chapter 15 Sections 1 & 3

What do you know?

• Bills become laws through a series of steps involving our government. What do you know about our law making process?

• Work with a partner and come up with a list of 5 aspects of the law making process.


Law Making Process1.

2.

3.

4.

5.

Nuts and Bolts of Law making Process

• Step 1 – Bill is introduced in either House or Senate– Then sent to chambers Committee(s)

• Step 2 – Committee consideration– Options

• Kill Bill• Bill is favorable• Favorable with amendments• Unfavorable

• Step 3 – First Reading– Bills with favorable vote are read by title only

on floor of chamber

• Step 4 – Second Reading: to Rules Committee

• Decides to send bill back or move on for vote by full chamber


• Step 5 – Third Reading & Passage– Legislator makes motion to have bill “placed

upon its passage” – Open debate

• Bill can be amended on floor• Can speak for as long as needed

– 3 hours – can read from newspaper, phone book, etc

– To pass• Regular bill – 2/5 of Congress (40 House & 17

Senate) and by majority of members present and voting

• Emergency bill – approved by 51 House & 20 Senate


• Step 6 – On to other chamber– Follow steps 2-5

• Step 7 – Concurrence or conference– Both chambers must agree on bill

• Step 8 – Enrollment– Final check of bill and then sent to President

• Step 9 – To the President– Sign bill into law or veto it


• Step 10 – Back to Congress– Bill may pass over President’s veto with a 2/3

favorable vote


Let’s Pass a Bill

• Voting in Congress: It’s More Than Just “Yea” or “Nay” Day 2: Try Your Hand!

Class work• How a Bill becomes a Law Game

– Use information on how a bill becomes a law• You may use text book as reference

– Honors: pg 414; CP: pg 230

– Groups of 2 or 3– Create game board that helps you and other students

learn how bill becomes a law– Create game cards that help bill move backwards or

forwards (Use vocabulary words)– Create rules for game– Make game board colorful and have it reflect process

of moving through both houses, committees and President

Sample Games

http://webcache.googleusercontent.com/search?sourceid=navclient&ie=UTF-8&rlz=1T4ADFA_enUS449US449&q=cache:http%3A%2F%2Fwww.cyberlearning-world.com%2Flessons%2Fcivics%2Flp.bill_to_law.htm&safe=active

Homework

• CP #5 – Read Powers and Roles of the President; (Answer Section Review Questions at end on separate piece of paper), STUDY FOR QUIZ

• Honors #5 – Read Chapter 16 Section 1, STUDY FOR QUIZ

QUIZLegislative Branch

Lesson #2b• Three Branches of Government - Executive

Lesson Essential Question #2b• What specific powers are granted to the

Executive branch?


What does the quote show President Carter felt about

presidential powers? • “There are so many things I would like to

instantly. The difficult thing is to recognize the limitations of a President’s power.”

» Jimmy Carter

• Work with partner to answer the question above.


Quick Facts about Executive Branch

• How old do you have to be to become President?

• How many terms can a President serve in office?

• If the President can no longer serve who is 2nd and 3rd in line?

• Who was the youngest President ever elected?


• How old do you have to be to become President? 35

• How many terms can a President serve in office?





• How many terms can a President serve in office? 2






• If the President can no longer serve who is 2nd and 3rd in line? Vice President; Speaker of the house





• If the President can no longer serve who is 2nd and 3rd in line? Vice President; Speaker of the house

• Who was the youngest President ever elected? John F Kennedy

How do we address the President?

His Excellency? Your Majesty?

Your Highness? Your Honor?

His Mightiness?

ANSWER: George Washington wanted to be called “Mr. President”.

Executive Branch• Terms of Office

– George Washington began “No-Third Term” Tradition

– Franklin D Roosevelt broke tradition during Great Depression and World War II

– 22nd Amendment – limits number of terms of presidents to two

• Presidents can serve up to 10 years; How?

Executive Branch• Salary

– Congress determines pay– $50,000 expenses– $120,000 travel and

entertainment– Retire – Pension of $99,500

per year• Free office space, mailing

services, $96,000 for office help

– Death – spouses receive $20,000 per year

Year Pay

1789 $25,000

1873 $50,00

1909 $75,000

1949 $100,000

1969 $200,000

2001 $400,000

Executive Branch• Benefits – Air Force One

Executive Branch• Benefits - Marine One

Executive Branch• Benefits – White House

Executive Branch• Benefits – Camp David

Executive Branch

• Benefits – Secret Service

Presidential Qualifications• The President must be:

– Natural-born citizen of the United States– At least 35 years old– Resident of the United States for at least 14

years before taking office– Same requirements for Vice President

• Government experience is unwritten but important qualification– 5 candidates with no experience (Dwight D

Eisenhower – 1950s)

Presidential Qualifications

• Why is it important to have political experience as a presidential candidate? – Form political alliances– Name recognition

• Most presidential candidates are former what…..– US Congressmen – State Governors

Money• Why is money so important to a

campaign?

• What is it used for? – TV ads– Paying staff– Mailings

• 1992 - $27.6 million in primaries, $55.2 million in general election

• 2008 - $42.05 million in primaries, $84.1 million in general election

Money

• Is a presidential campaign too expensive?

• Who does it restrict from being able to run for office?

• How could you fix any issues for running for president?

Political Beliefs

• What role do the political beliefs play in a presidential campaign?

• Find Political Quiz from beginning of year– Class Discussion

Class work - Political Beliefs• Answer the following on separate piece of

paper. Explain why for all answers.

1.Why would you vote for someone with similar political views?

2.Would you vote for someone who had different views?

3.What if your beliefs were the same as a candidates on all but 3 of the issues? Would that matter? What issues would they be?

Homework

• CP – HW #6 Read “How President is Elected”; Finish Political Beliefs Writing

• Honors – HW #6 Read Chapter 16 Section 2; Finish Political Beliefs Writing

Exit Ticket

• The President of the United States is known as the “Leader of the Free World”. Is this still the case today? Explain why.

What do I know?

• The President is elected in a national election every 4 years. What all do you know about the presidential election process?

• Work with a partner to create a list of 5 topics for the presidential election process.


Presidential Election Process

1.

2.

3.

4.

5.

Presidential Succession

• Established by 25th Amendment – Section 1 – Removal, death or resignation =

VP becomes President– Section 2 – Vacancy in VP, President may

appoint new VP• Richard Nixon (Pres Ford and VP Rockefeller)

Order of Succession• The Vice President – Joe Biden• Speaker of the House John Boehner • President pro tempore of the Senate1 Daniel Inouye • Secretary of State Hillary Rodham Clinton • Secretary of the Treasury Timothy Geithner • Secretary of Defense Leon Panetta • Attorney General Eric Holder • Secretary of the Interior Ken Salazar • Secretary of Agriculture Tom Vilsack • Secretary of Commerce Gary Locke • Secretary of Labor Hilda Solis • Secretary of Health and Human Services Kathleen Sebelius • Secretary of Housing and Urban Development Shaun Donovan • Secretary of Transportation Ray LaHood • Secretary of Energy Stephen Chu • Secretary of Education Arne Duncan • Secretary of Veterans Affairs Eric Shinseki

• Secretary of Homeland Security Janet Napolitano

http://www.infoplease.com/biography/us/congress/boehner-john-andrew.html

http://www.infoplease.com/ce6/people/A0825272.html

http://www.infoplease.com/biography/var/hillaryrodhamclinton.html

http://www.infoplease.com/biography/var/timothygeithner.html

http://www.infoplease.com/biography/var/leonpanetta.html

Presidential Disability

• 25th Amendment – – President informs Congress of disability– VP and Cabinet in Congress of disability– President can return by informing Congress

that disability no longer exits– Examples –

• President Garfield 1881 – Shot• President Wilson 1919 – Stroke• President Eisenhower – Heart attack

Vice President

• 2 duties – – Presides over Senate and votes if there is a

tie– Decides whether President is disabled and

serves as acting President

Electing the President

• Video

• Review Questions – – What amendment changed the number of

terms a President can serve? – What group elects the President? – Who are the people actually voting for? – What determines the number of electors each

state has?


• Electoral College - Original System– Set up by Article II Section I– Each state selects 2 electors– Electors vote for 2 presidential candidates– Votes counted by Congress

• Most votes = President• 2nd most votes = Vice President


• Electoral College – Current System– Citizens vote for Presidential candidate

• Actually voting for state’s electors

– Electoral College – 538 members • Total of Congress plus 3 from DC

– Candidate with largest number of popular vote wins electoral college votes

Electing the President Electoral College Process

Tuesday after first Monday in November

Voters cast ballots for all electors representing a particular party in each state

Monday after second Wednesday in December

Electors of party winning popular vote in each state cast ballots fore President and Vice President

January 6

Ballots cast by electors are counted by Congress

January 20

Candidate with most votes becomes President

President Takes Office• Presidential Inauguration - Video

Class work - Thinking about it…• The Electoral College Process

– Does the electoral college process allow for the citizens to directly elect the President? Why or why not?

– Do you agree or disagree with this process? Why? – How could we improve the process?

• Answer all on separate paper• Use reading if needed

Homework

• CP – HW #7 Read Presidential Powers

• Honors – HW #7 Read Chapter 16 Sections 3 & 4

Exit Ticket

• President Obama’s inauguration had significant impact on American history. Watch the video on people’s memories of Obama’s inauguration. What do you remember from Obama’s inauguration? Why is it so significant?

Video

What do I know?

• The President has many powers and responsibilities. Work with your partner to create a list of 5 powers that the President has.


Presidential Powers

1.

2.

3.

4.

5.

Presidential Powers• VIDEO

• Review Questions – – What article gives the President their powers?– What is an example of the system of checks

and balances to keep the President from gaining to much power?

– What is the most powerful of the Presidents checks?

– What special check does Congress have?

Founding Fathers• 2 reasons for President

– Lack of independent executive was weakness of Articles

• No one to carry out acts of Congress

– Distrusted direct participation by people• Needed someone to control country but protect

liberty, property• Needed someone to keep legislative branch in

check

Constitutional Powers• Article II – kept powers broad but vague

– “The Executive Power shall be vested in a President of the USA.”

• Called the “Wild Card”

– Fire officials in executive branch– Make agreements with foreign nations– Take emergency actions to save nation

• None are listed in Constitution

Constitutional Powers• Section 2 and 3 of Article II

– President is commander in chief of armed forces and state militia

– Appoints head of executive departments• With Senate approval

– Executive Pardon– Treaties– Appoints ambassadors, justices of Supreme

Court, top officials – with Senate approval

Constitutional Power

• Section 2 and 3 of Article II– Deliver annual state of the Union address– Calls Congress into special session– Meets with heads of state, ambassadors– Commissions all military officers– Laws Congress passes are “faithfully

executed”

Informal Powers

• Actions of Past Presidents– Thomas Jefferson (LA Purchase)– Abraham Lincoln (Suspended writ of habeas

corpus)

• Mass Media– FDR: Fireside Chats– Ronald Reagan – “The Great Communicator”

Limits on Presidential Power• Congressional Limitations –

– Override veto– Impeach a President (high crimes and

misdemeanors)• How many Presidents have been impeached?

– 3 – Andrew Johnson, Richard Nixon, Bill Clinton

• Federal Courts Limitations – – Judicial Review (Marbury v. Madison)

• Public Opinion – – Vietnam War

Class work

• Readings – – Why the Constitution’s framers limited

presidential power? – How would the candidates use their

presidential power?

Homework

• CP – HW #8 Study for Quiz; Read Goals of the Supreme Court & Background Information

• Honors – HW #8 Study for Quiz; Read Chapter 19

Exit Ticket

• Our system of government allows for the President to lead our country. The power is still limited by the other two branches. Is there any time when a President should be allowed to do what they wish without restriction? Why or why not?

QUIZExecutive Branch

Lesson #2c• Three Branches of Government - Judicial

Lesson Essential Question #2c• What specific powers are granted to the

Judicial branch?


Vocabulary• Jurisdiction• Appeal• Criminal• Civil• Due Process• Injunction• Miranda Rights• Indictment• Writ of Certiorari

• Grand Jury

• District Court

• Precedent

• Opinion

• Original Jurisdiction

• Appellate Jurisdiction

Court of Law

• There are many aspects in a court of law. Work with a partner to create a list of 5 aspects that occur in a court.


Court of Law

1.

2.

3.

4.

5.

Jurisdiction of the Courts

• What does Jurisdiction mean? – Authority of a court to hear certain kind of cases

• Federal Courts – power from Constitution– Jurisdiction is determined by subject matter of case &

parties in case – Jurisdiction over cases involving federal laws

• Lower Courts – power from State Constitution – Jurisdiction over cases involving state laws

• Original– Trial Court– Federal Courts

takes place in District Courts

Jurisdiction of the Courts

• Appellate – Only used if

person loses case – What is the highest

court of appeal? • Supreme Court

Where would you go?

• With a partner complete the Court Scavenger Hunt.

• Make sure the both of your names are on your paper.

• WORK ONLY WITH YOUR PARTNER

Federal Court Jurisdiction• Cases –

– US laws– Treaties with foreign nations– Interpretations of Constitution – Maritime Law (Law of the Sea)– Bankruptcy – Ambassadors and reps of foreign governments– Two or more state governments– US government or one of agencies – Issues between states or citizens of different

states

• 3 types of law – – Civil Law

• Plaintiff vs. Defendant

– Criminal Law• State (Prosecution) vs. Defendant

– Constitutional Law• Decides if law or action conflicts with Constitution

Federal Court Jurisdiction

Legal System Principles• Equal Justice Under the Law

– Goal of American legal system– 5th through 8th Amendments

• Due Process of Law– Laws applied in fair manner– 5th & 14th Amendments

• The Adversary System– Arena where lawyers present strongest case

• Presumption of Innocence

Lower Federal Courts

• District Courts– 91 districts in US (at least 1 per state and DC)– Trial courts for criminal and civil federal cases

• 2 types of juries– Grand jury – 16 to 23 people; hears charges against

person suspected of committing crime» Issues indictment if evidence is sufficient

– Petit jury (trial jury) – 6 to 12 people » Weigh evidence at trial in criminal or civil case

Lower Federal Courts• Federal Court of Appeals

– Created in 1891 to ease workload on Supreme Court

– 13 courts of appeal and 179 judges• 12 regions and 1 with national jurisdiction

– 3 judges sit on each appeal – Decides cases in one of three ways

• Uphold original decision• Reverse original decision • Send case back to original court to try again

Lower Federal Courts

• The Court of International Trade– Formerly US Customs Courts– Jurisdiction over cases dealing with tariffs

• People who believe tariffs are too high

– National court based in NY– Hear cases in major port cities

Selection of Federal JudgesWho selects and appoints federal judges?

President

Who must approve all appointments?

US Senate

Which part of the Constitution is this process written?

Article II, Section 2

How long are federal judges appointed for?

Life

Why do you think the Constitution allows for federal judges to be in power for life?

free from public or political pressures in deciding cases

jobs are safe even if they make unpopular decisions

Selection of Federal Judges• Party Affiliation

– Presidents appoint judges based on party affiliation (Reagan – 99%)

• Judicial Philosophy– President appoint judges who share point of view

• Senatorial Courtesy – only for district and trial courts– Names submitted to judges home state before full

Senate approval • Background of Federal Judges

– Legal training, ethnicity, gender, work experience

Supreme Court Jurisdiction• Article III Section 2 – covers two types of

cases– Representatives of foreign governments– Cases in which a state is a party

• Appellate Jurisdiction – Cases that are appealed from lower courts of

appeals, state supreme courts or federal district courts

Supreme Court Justices

• How many justices are on the Supreme Court? – 9

• How much are the justices paid per year?– Associate Justices - $153,600– Chief Justice - $160,600

• How can a Supreme Court justice be removed? – Impeachment process completed by

Congress

Supreme Court Justices• Duties of the Justices

– Developed from laws and traditions – Main duty – hear and rule on cases– 3 decision making tasks -

• Deciding which cases to hear – Read by law clerks

• Deciding case itself• Determining explanation for decision – opinion

– Prepared by law clerks

Supreme Court Justices• Anthony

Kennedy• John Paul

Stevens• Chief Justice

John Roberts• Antonin

Scalia• Clarence

Thomas• Samuel Alito• Ruth Bader

Ginsburg• Stephen

Breyer• Sonia

Sotomayor

Class Work

• 4th Amendment Rights for Students– Strip Search in School

Homework

• HW #9 ALL CLASSES: Read – Important Supreme Court Cases & List of Noteworthy Cases

Exit Ticket

• The selection of a Supreme Court Justice is very rare. Why do you think this is? Why is it so important that the President selects someone who has similar views?

Essential Question

• How does the Supreme Court have an influence on American society?

Class work

• The Constitution: Judicial Branch DVD

• Do not talk during video

• Answer all questions on separate piece of paper.

• Final question must be answered in COMPLETE SENTENCES

Class work

• The “Supreme” in “Supreme Court”

Homework

• CP HW #10 – The Big 9

• Honors HW #10 – Read Chapter 20 Section 2

Exit Ticket

• What role has the Supreme Court played in establishing the rights of the American people?

What do you know?

• The Supreme Court has a direct impact on American values.

• With a partner create a list of at least 5 aspects of American values that the Supreme Court has impacted because of a decision they made


Supreme Court at Work• How many cases are appealed to the

Supreme Court each year? – More than 5,000

• How many cases does the Supreme Court pick from? – 450-500

• How many cases receive full hearings and opinions? – No more than 150

• Process to reach the Supreme Court– Appeal –

• lower federal court or highest state court has ruled a law unconstitutional

• Highest state court upholds state law against claim that it violates constitution

– Writ of Certiorari (main route to Supreme Court)

• order from Supreme Court to lower court to send up records of case for review

• Petition by lawyer – argues that lower court made legal error in handling case or constitutional issue

Supreme Court at Work

Deciding Major Cases

• 5 Step Process - – Step #1 – Petition Supreme Court– Step #2 – Submit Briefs– Step #3 – Oral Arguments– Step #4 – The Conference– Step #5 – Writing the Opinion

Deciding Major Cases• Step #2 - Submitting Briefs

– Lawyers submit written statement• legal arguments, relevant facts and precedents

supporting side of case

• Step #3 - Oral Arguments– Lawyers get 30 minutes to summarize key

points of case– Justices interrupt to challenge statements or

ask for more information– Red and White Lights

Deciding Major Cases• Step #4 – The Conference

– Friday – Justices meet to discuss cases– Chief Justice presides over meeting

• One of most secret meetings in Washington, DC

– Each case gets 30 minutes of discussion • Future reviewed cases get 5 minutes

– Justices give views and conclusions by seniority

– All justices vote (needs majority)• 6 justices must be present• If tied – lower court decision stands

Deciding Major Cases• Step #5 – Writing the Opinion

– States facts of case and announces Court’s ruling

– Sets precedent for lower courts & communicates with government and people

– 4 kinds of opinions – • Unanimous opinion – all vote same way• Majority opinion – views of majority on case• Concurring opinion – agree with majority but for

different reasons• Dissenting opinion – justices on losing side of case

Class work

• You be the Judge

Extended Response Questions1. The US Constitution has established

three separate but equal branches of government in the first three Articles. All branches have certain powers and responsibilities. The systems of checks and balances and separation of powers were established by the Constitution as well. How do these two systems create conflict amongst the three branches? Be specific.

Extended Response Questions

2. What roles do political views play in the election or appointment of our government officials? Be specific.

3. Why are Supreme Court justices appointed for life? Explain.

4. What impact has the Supreme Court had on American Society? Be specific.

Homework

• Honors HW #11 – Study for Test on 3 Branches

• CP HW #11 – Study for Test on 3 Branches; Complete Pre-Writing Activity for Extended Response Questions

Exit Ticket

• How do the powers and responsibilities of all three branches of government cause conflict?

TEST3 Branches of Government

Homework

• Honors #12 – Read Chapter 3 Section 2

• CP #12 – Read the Constitutional Amendment Process

REVIEW TEST

3 Branches of Government

Lesson #3• Amending the Constitution

Lesson Essential Question #3• How is the Constitution changed?

• How do the Amendments to the Constitution show the development of democracy and society in the United States?

Vocabulary• Ratify• Petition • Balanced budget• Impeach• Treaty• Executive

agreement• Judicial restraint• Judicial activism• Prior restraint

• Probable cause

• Search warrant

• Arrest warrant

• Due process

• Eminent domain

• Lame duck

• Poll tax

Amending the Constitution

• Open books to Constitution and read Section 1 of the 18th and 21st Amendments. What are the two amendments about?

• What do these two amendments show about our government? Do they show strength? Weakness?

• Work with a partner and be prepared to share with class

The Amendment Process• Founders – “living, breathing document”

• Article V – describes how Congress and the states could amend the Constitution – Amendments deal with any topic

• Except states losing equal representation in Senate

• Amendments – proposed at national level and ratified on state-by-state basis

Proposing Amendments• 2 methods –

– 2/3 vote of each house of Congress• Limit on income taxes, limit to tenure of Supreme

Court justices

– National Convention called by Congress at request of 2/3 of states

• Never been used

Ratifying Amendments• 2 methods for state approval (7 years)

– Legislatures in ¾ of states ratify– Each state calls for special ratifying

convention (needs ¾ of conventions)

• States may reject an amendment and then later reverse their decision– Can it work they other way?

• Equal Rights Amendment – 5 of 35 state legislatures revoked ratification

– Were their actions Constitutional?

Class Work

• First Amendment Rights

Homework

• CP #13 – the Bill of Rights: You mean I’ve got rights (Read PAGES 2, 3; complete page 4)

• Honors #13 – Read Chapter 3 Section 3

Exit Ticket

• Why is it so important that we continue to change/amend the Constitution? Why is it such a long process?

What RIGHTS do I have? • America is the land of the free and home

of the brave. We are guaranteed rights by the Constitution.

• With a partner create a list of 5 rights that you believe we are guaranteed by the Constitution.

• Be prepared to share with class.

Bill of Rights

• Limits powers of government

• Protects two kinds of rights– Rights of individual liberty– Rights of persons accused of crimes

– VIDEO

Video Review Questions• What argument did John Hancock and

Massachusetts begin?

• How many of the original states signed the Constitution?

• Why were the Bill of Rights added to the Constitution?

• Why do you think the Founding Fathers added the 9th and 10th Amendments?

The Amendments• First Amendment –

– Protects right to worship or have no religion• Separation of church and state

– Protects free speech and freedom of press• Slander• Libel

– Right to assemble– Right to criticize government officials and

actions

– VIDEO

The Amendments

• 2nd Amendment – – Right to bear arms

• Originally – form a militia • States regulate sale and use of firearms

– Video

• 3rd Amendment – – Prohibits government from forcing people to

quarter soldiers• American Revolution

The Amendments

• 4th Amendment – – Right to privacy

• Requires authorities to have specific reason to search premises or seize evidence or people

• Lawful search or arrest– Probable cause– Search or arrest warrant

– VIDEO

The Amendments• 5th Amendment – (4 protections if accused of crime)

– #1 – No one can be tried for serious crime unless grand jury decides there is enough evidence for trial

– #2 – Found innocent cannot be tried for same crime (DOUBLE JEOPARDY)

– #3 – no one may be forced to testify against themselves

– #4 – Due Process of Law– Eminent domain– Video

The Amendments• 6th Amendment –

– Protects rights of those charged with federal/state crimes to defend themselves in court

– Right to • speedy, public trial by impartial jury or judge• Change of venue• Know charges against them, question all witnesses • Defended by lawyer

• 7th Amendment – – Right to jury trial to settle all property disputes

worth over $20• Both sides agree – trial by judge

• VIDEO


– Prohibits excessive bail • Judge sets bail in amount that ensures accused

appears for trial

– Prohibits judges from imposing excessive fines

– Bans “cruel and unusual punishment”

– VIDEO


– All other rights not spelled out in Constitution are “retained by the people”

• Prevents government from claiming that the only rights the people have are in Bill of Rights

• 10th Amendment – – Powers not given to the national government

or denied to the states by Constitution belong to states or to the people

– VIDEO

Class work

• Cruel & Unusual…..or is it

• I Take the Fifth!

Homework

• CP #14 – Study for Quiz; Prepare for Bill of Rights Activity

• Honors #14 –Study for Quiz; Prepare for Bill of Rights Activity

Exit Ticket

• Why do we have so many guaranteed rights in America? Does this make us better than countries who do not have them?

Class work

• Bill of Rights Activity– Starting from Scratch Worksheet– In pairs, create Bill of Rights for Young People

• Must have at minimum 10 rights• Each right must be explained in detail

QUIZAmending the Constitution

Reading & Writing Assignment

• 10 Things Supreme Court Cases Every Teen Should Know

• USA Patriot Act – Security vs. Privacy

Homework

• CP #15 – Study for Unit 2 Test

• Honors #15 – Study for Unit 2 Test

UNIT 2 TESTThe US Constitution

Political Science Unit #2 – The Constitution. Key Learning Each piece of the basic structure of...

Documents

Transcript of Political Science Unit #2 – The Constitution. Key Learning Each piece of the basic structure of...