Preamble First sentence of the Constitution Lists the goals or
purposes of our government States where the power comes from We the
People....
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Legislative Branch Main duty: Make laws People in Branch:
Senators and Representatives (Congress) Articles I
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Executive Branch Main Duty: Enforce, administer, carry out the
laws President and VP Article 2
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The Judicial Branch Main duty: Interpret the laws Supreme Court
and Federal Courts Article 3
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Outlines how states should interact and treat each other
Article 4 Rules and Regulations Among States
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Full Faith and Credit Full faith and Credit shall be given in
each State to the public acts, records, and judicial proceedings of
every other State Article 4 Section 1 States must recognize, honor,
and enforce Records Court decisions Documents of all other states
Example: Civil Unions/Gay Marriage
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Privileges and Immunities Clause The Citizens of each State
shall be entitled to all Privileges and Immunities of Citizens in
the several states. Article 4 Sec. 2 Clause 1 States can not
discriminate against citizens of other states or give their
residents special privileges Exceptions Public college tuition:
based on taxes from state residents
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State Power and Cooperation Extradition Legal process in which
a person running from the police is returned to the state in which
the crime has been committed Designed to prevent fleeing to another
state to avoid punishment Governors of states approve
extradition
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Article 5: Amending the Constitution (Amend = To change)
Proposal Ratification (suggestion) (approval) Proposed by 2/3 of
Congress Proposed by a national convention called for 2/3 of states
at Ratified by of state legislatures Ratified by of the states at
convention
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Establishes Constitution and federal laws as highest law of the
land If a federal law conflicts with state law, the federal law
will be supreme Federal courts can overturn state laws that are
unconstitutional Article 6: The Supremacy Clause
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9 of 13 states needed to ratify the Constitution Article 7:
Ratification
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Lesson 2 The Bill of Rights
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Amendments Amend means to change 27 total Amendments Bill of
Rights: First 10 Amendments to the Constitution Added to appease
the Anti- Federalists
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Guarantees freedom of speech, press, petition, religion, and
assembly. Free exercise clause Practice any religion Practice no
religion Establishment clause Government cant establish a national
religion Amendment 1: 5 Basic Freedoms
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2 nd Amendment Right to bear arms and serve in a state militia
District of Columbia v. Heller (2008) upheld an individuals right
to possess a firearm separate from the miliary and to lawfully use
it (self-defense) District of Columbia v. Heller
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3 rd Amendment The government cannot force you to house
(quarter) soldiers During the Colonial Period, colonists were
forced to let British soldiers sleep in their homes and eat their
meals. Colonists were outraged, and the more they upset the British
government, the more they were punished by having soldiers forced
into their homes.
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4 th Amendment Protects peoples privacy by prohibiting
unreasonable searches and seizures Warrant needed
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5 th Amendment Rights of the Accused Guarantees due process The
FEDERAL government must act fairly and follow established rules and
procedures in all that it does Protection against double
jeopardydouble jeopardy Being tried for the same crime twice
Protection against self-incrimination Miranda Rights Right to
remain silent
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5 th Amendment Rights of the Accused Must be indicted before
being tried There must be enough evidence to bring you to trial
Done by a Grand Jury Protection against eminent domain Governments
power to take private property for public use Must pay fair market
value for property
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6 th Amendment Right to Fair Trial Explains how trials are to
be conducted Speedy and public trials Right to a lawyer Right to be
told what your are being accused of Impartial jury in a criminal
case Right to question the persons who are accusing
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7 th Amendment Right to a jury trial in a civil case Civil Case
case where no crime has been committed
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8 th Amendment Protects suspects from excessive bail Bail:
Money paid by the accused to get out of jail while awaiting trial
Protects against cruel and unusual punishment
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9 th Amendment People have fundamental rights BEYOND those
listed in the Constitution Federal govt cannot deny these rights
simply because they are not listed (enumerated)
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10 th Amendment Any powers not given to the federal government
or denied to the states belong to the states and people Basis for
state power
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Lesson 3 Bill of Rights Extended
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Civil War Amendments 13th Ends slavery 14 th The Second Bill of
Rights aimed at states Citizenship Clause Defines citizenship by
birth or naturalization Due Process Clause Requires STATES to use
due process Equal Protection Clause Requires STATES to treat people
equally under the law 15 th Grants voting rights to African
American men
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Suffrage Amendments Suffrage = Right to Vote
Disenfranchisement: Denying the right to vote 15 th African
American men granted suffrage (1870) 19 th Women granted suffrage
(1920) 26 th Lowers voting age from 21 to 18 (1971)
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Social Amendments 18 th Ban on alcohol (manufacturing,
transporting, and sale)-1919 21 st Repeal (cancel) of Prohibition
Amendment-1933 *This is the only amendment to be repealed in its
entirety.
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Congressional Amendments Amendment 17: How Senators Will Be
Chosen Senators will be directly elected by the people of their
state Before, the state legislature would select senators Amendment
27: Congressional Pay Raises If Congress votes to increase their
salary, it does not go in to effect until the following term
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Lesson 4 Principles of the Constitution Judicial Review
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6 Principles of the Constitution Popular Sovereignty Limited
Government Separation of Powers Judicial Review Checks and Balances
Federalism
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3 Principles -- Review Popular Sovereignty Government based on
the consent of the governed (people power) Defined by English
Philosopher Thomas Hobbes Limited Government Government is not all
powerful People have rights that cannot be taken away Separation of
Powers Dividing powers among the branches of government Defined by
French Philosopher Baron de Montesiqueu
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Judicial Review Power of the court to declare laws and actions
unconstitutional Implied in the Constitution & established by
Marbury v. Madison
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The Players John Adams: Out-going president Thomas Jefferson:
In-coming president James Madison: TJs Secretary of State William
Marbury: Appointed Justice of the Peace by Adams John Marshall:
Chief Justice of the SC
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The Background Out-going President John Adams makes many last
minute political judge appointments Not all of the appointments get
delivered before he leaves office New president Thomas Jefferson
and James Madison (Secretary of State) do not deliver Adams
appointments
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The Case Marbury sues Madison for not delivering his
appointment Two questions for the Supreme Court to answer: Should
Marbury get his job? Does the court have the power to force Madison
to give him the papers? (writ of mandamus) Bases his case on the
Judiciary Act of 1789
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Decision Court says that Marbury should have gotten the job,
BUT rule in favor of Madison Why?? The Judiciary Act that Marbury
based his argument on is unconstitutional
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Impact Marbury v Madison establishes the principle of judicial
review Gives the Supreme Court the power to declare laws and
actions unconstitutional
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Lesson 5 Checks and Balances
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Each Branch can check or limit the power of the other
branches
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Override President veto with 2/3 vote Pres. vetoes bill passed
by Congress Declare laws unconstitutional House & Senate send
bill to Pres. to sign into law Supreme Court declares actions of
President unconstitutional President nominates person to be on
Supreme Court Senate holds confirmation hearings on court nominee;
Entire Senate must confirm with 2/3 vote (67 Senators)
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Checks and Balances Example The House and Senate approve a bill
(proposed law) President vetoes (rejects the bill) Congress
overrides (cancels) the veto with a 2/3 vote and the bill becomes
law US Supreme Court declares the law unconstitutional
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Checks and Balances Example President nominates a Supreme Court
Justice The Senate holds confirmation hearing and votes to approve
the nomination with a 2/3 vote (67) Supreme Ct nominee is confirmed
Serves for life
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Clintons Nominees for Attorney General
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Federalism Lesson 6
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In your life as a teenager... What decisions do you make? What
decisions do your parents make for you? What decisions do you and
your parents make together?
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Federalism: Dividing powers between the nation and the states
Exclusive / Delegated /Expressed / Enumerated Powers Powers that
belong to the national government Reserved Powers Powers that
belong to the state governments Amendment 10 basis for state power
All powers that are not delegated to the national government or
denied to the states are RESERVED for the states and the people
Concurrent Powers Powers shared between the nation and the
state
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Division of Power Exclusive / Expressed / Delegated /
Enumerated/ Powers Reserved Powers NationalState Concurrent
Powers
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Exclusive / Delegated Powers Concurrent PowersReserved Powers
Regulate foreign and interstate trade Enforce laws, make laws and
interpret laws Make marriage and divorce laws Establish a post
officeSet up courtsConduct elections Create and maintain an army
And navy TaxEstablish and maintain schools Set standards for
weights and measurements Define crimes and set punishments Set
license requirements for professions Declare warBorrow and spend
money Set legal drinking age Establish a national currency system/
punish counterfeiters Amend the ConstitutionSet laws for drivers
licensing Establish foreign policyCharter banksRegulate trade
within state (intrastate) Establish copyright and patent laws
Protect public welfare and safety Establish local govts
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Pros and Cons of Federalism + Prevents national government from
becoming too powerful +Can better meet the needs of people Allows
for new ideas & different ways to solve problems Allows people
more access to govt -Laws are different from state to state
-Creates tension between nation and state Who does what? Who is
responsible?
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McCulloch v Maryland (1819) Main Players State of Maryland
McCulloch: Cashier of the National Bank Case Maryland did not like
the idea of a national bank and decides to tax it McCulloch refuses
to pay the tax Maryland courts order McCulloch to pay and he does
not
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Court Decision Supreme Court rules in favor of McCulloch for 2
reasons 1. States cant tax the federal government It would show
states have more power than the national gov. Supremacy Clause:
National government supreme over states 2. Reason #2.... To be
continued in Unit 4
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Impact of McCulloch v Maryland Two main impacts 1. Established
federal law as supreme over states! Supremacy Clause 2. Second
impact to be continued
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Review: Exclusive (Delegated), Reserved, or Concurrent Powers
1. Print and coin money 2. Tax 3. Create schools 4. Conduct
elections 5. Set up post office 6. Enforce laws 7. Amend
Constitution 8. Professional licensing 9. Set drinking age 10.
Declare war 11. Set up courts 12. Control interstate trade 13.
Control intrastate trade 14. Set marriage & divorce laws 15.
Define crimes/punishments 16. Establish foreign policy