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The Constitution
Drill 9/2
Define the following Democracy
Rule of the people Oligarchy
Rule of a small group of people Unitary Government
System of government where the power is held by an individual or small council
Volunteers please…
For this exercise I need three Volunteers willing to stand and perform in front of the class
Complete the chart and accompanying exercises before we move on.
Objective: SWBAT
Identify and analyze the laws set forth in the Constitution
The MOTHER of all Constitution Assignments
You may work alone or with a partner Using the yellow Constitution books Each assignment will be 20 questions long Today we will begin with questions 1-20,
tomorrow we will complete the next 20 etc etc.
This will also be assigned for homework this week
The entire assignment will be due MONDAY 9/8
The Preamble
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote
the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.
The Preamble
in Order to form a more perfect Union establish Justice insure domestic Tranquility provide for the common defence promote the general Welfare and secure the Blessings of Liberty to ourselves
and our Posterity
Article One
Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Drill 9/3
Article I of the Constitution outlines the powers and structure of what body?
The Congress
Objective: SWBAT
Identify and analyze the laws set forth in the Constitution
Article One
Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
What specific body does Section 2 outline?
ARTICLE I Section 1 – The Congress Section 2 – The house Section 3 – Senate And so on
Each section of the constitution is dedicated to a certain part and function of the Government
CW – T’Mocha
Finish 1-20, Begin the next 20
HW tonight 21-40
Drill 9/4
What is impeachment? Who has the sole power of
impeachment? Who tries the case? Who presides over the trial?
Drill 9/4
Impeachment The legal statement of charges
The House of Representatives 1.2
The Senate 1.3
The Chief Justice 1.3
Objective: SWBAT
Identify and analyze the laws set forth in the Constitution
Drill 9/5
Given the power give the Article and the section Congress Senate Presidency House of Representatives President/ Vice President Removal from
office
Objective: SWBAT
Identify and analyze the laws set forth in the Constitution
Article II
The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows: ...
Question
Why did the framers of the Constitution feel it was necessary to put IN WRITING that the executives could be removed from office?
Objective: SWBAT
Analyze the intentions and effects of the Bill Of Rights
CW: 9/8
Take your pocket Constitutions, turn to page 21
Of the first 10 amendments pick the one that you feel is most important
On a separate sheet of paper, restate the amendment and below explain WHY you feel this is the most important in a short paragraph.
Setting the scene
1787 The Constitutional debate is raging Between two factions
Federalists Anti-federalists
Federalists
Madison, John Adams, Hamilton Desired a strong central government
with subordinate states Driving forces behind the Constitution
Drill 9/9
Identify the following Federalists Anti-Federalists
Federalists
Madison, John Adams, Hamilton Desired a strong central government
with subordinate states Driving forces behind the Constitution
ANTI-Federalists
Samuel Adams, Patrick Henry Feared that a strong centralized force
would be a return to the monarchy Wanted the states to have more control Driving force behind the Articles of
Confederation
Reception to the Constitution
Most people in every state disliked the constitution at the start
The nine states that ratify it first do it with relative ease
Rhode Island and North Carolina are hold outs
Ensuring Ratification
To ensure final ratification the federalist powers buckle
James Madison in the first Congress (1797) introduces the first ten amendments They pass with ¾ of the vote
Objective: SWBAT
Analyze the Amendments I and II of the Constitution
The First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances
Establishment Clause Free-Exercise Clause
Freedom of Speech Freedom of Press
Freedom of PetitionFreedom of Assembly
Establishment clause
Congress shall make no law respecting an establishment of religion
There is NO official religion of the United States. The United States can not promote one religion over another.
Free Exercise clause
or prohibiting the free exercise thereof
The United States government cannot prohibit anyone from practicing their religion, so long as it stays within the laws of the country
The Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,
shall not be infringed.
THE DEBATE: Does this mean that EVERYONE has the right to bear arms (A) or does this mean that a police force has the right to bear arms (B)?
Drill 9/10
List the freedoms guaranteed by the first amendment Religion Speech Press Petition Assembly
The Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms,
shall not be infringed.
THE DEBATE: Does this mean that EVERYONE has the right to bear arms (A) or does this mean that a police force has the right to bear arms (B)?
Objective: SWBAT
Analyze the IV and V amendments of the Bill of Rights
Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.
Freedom from unwarranted search + seizures
Warrants need PROBABLE CAUSE, local judges decide that
Warrants must be specific in WHAT is searched and WHAT they are looking for
With a Partner…
Read through the episodes of “The case of the vanishing sub machinegun”
After each episode decide whether or not you apply for a search warrant after each episode and explain why.
Remember – What am I looking for? Why am I looking for it?
Drill 9/11
Identify the rights protected by the following amendments II III IV
The Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
Fifth Amendment
Self incrimination “You have the right to remain silent”
Double Jeopardy You can not be tried for the same crime twice
Eminent Domain The Government can not take your land without
your agreement and just compensation
Due Process
Due Process
The principle of government that states that ALL of a person’s legal rights must be followed No short-cuts
Due Process
Guaranteed by the V, VI, and VII amendments Later by the XIV amendment
Sixth amendmentIn all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Speedy and public trial by jury
Confront witnesses
Provide witnesses in your defense
Right to a lawyer
Tried in the state where the crime was committed
With a partner…
Read through the background information of the case of Ms. Mary Toka
Using the information create a legal brief illustrating how her rights were violated
Use the template on page four and make one on your own paper, do not write on these copies please.
Drill 9/12
Identify the rights given in the following amendments V VI VII
The Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What constitutes “Cruel and Unusual”?
Is the death penalty “Cruel and Unusual”?
CW: The 8th Amendment
Use the chart to decide whether or not the you think the punishment sentenced is in violation of the eighth amendment
Class SC
Furman v GA
Lockett v OH
Rummel v Estelle
Rhodes v Chapman
Solem v Helm
YES
YES
YES
NO
NO
The Ninth and Tenth Amednments
The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively,
or to the people.
CW: IN BCR form
Why does