Think about some ways that your

guardian protects you and your

rights, and jot your answers down

on a piece of paper. [One minute]

Save your paper – we will be using it all

week!

Now think about some ways that the

government may protect us and our

rights. Think about similarities as well

as differences. Again, jot down your

answers on the same piece of paper.

[One minute]

Turn to the person next to you and

discuss your thoughts. What did

you think of that your partner didn’t?

What did you think of that your

partner did? [One minute]

Let’s hear your thoughts. [5 minutes.]

Now let’s discuss specifically how

our rights are protected from

infringement by the government

. . . by the government!

Federalism• A system of government in which the

same territory is controlled by two levels of government.

Federalism• A larger national government controls

issues that affect the country.

Federalism• Smaller local governments control

more local issues.

Federalism• Both governments can make laws.

• Both governments operate separately from each other.

Federalism• The US has federal system of

government made up of the national government and the state governments.

Federalism• The US national, or federal,

government was established by the Constitution.

• The powers of the national government are limited to only what is described in the Constitution.

Federalism• The 10th Amendment to the

Constitution requires that all powers not given to the national government be reserved to the states.

Federalism

Separation of Powers• Political doctrine of constitutional law

under which:• the three branches of government

• Executive• Legislative• and Judicial

• are kept separate to prevent abuse of power.

Separation of Powers• Also known as the system of checks and

balances• each branch is given certain powers so

it can check and balance the other branches.

Separation of Powers

Separation of Powers

“Separation of Paper Rock Scissors” You will be put into a group of three. You will be

assigned a branch of government. The student to your left must announce which check or balance

he or she is using to defeat you. If he or she is having difficulty, help him or her out. As each

check or balance is used, the legislative representative will write it down so that it is not

used again. Your group is then to continue around clockwise until you have run out of

checks and balances. I will be available to help and answer questions. [10 minutes]

14th Amendment• Ratified, or approved, in 1868

• Grants citizenship to “all persons born or naturalized in the United States,” including slaves

14th Amendment• Forbids states from denying:

• any person “life, liberty, or property without due process of law’

• “to any person within its jurisdiction equal protection of the laws”

14th Amendment• What does this mean?

• Limited state power to discriminate against its citizens, like former slaves.

• Expanded powers of the Constitution.

• Applied protections in the Bill of Rights to the states.

Appellate Process• What happens when your rights are violated in

a criminal case?

• Some states, Georgia included, have two levels of appellate courts.

• Court of Appeals, then Supreme Court

• Appeal first to Court of Appeals, then to state Supreme Court.

Appellate Process• What happens if something is still wrong?

• File writ of habeus corpus, which asks federal court to hear the case

• Circuit Court of Appeals, then US Supreme Court

Appellate Process• What if the violation of rights is not criminal?

• File a challenge to the state or federal statute, or law, in federal court.

• Claim that the law violates your rights under the US Constitution.

Appellate Process• Criminal:

• state appellate court• state supreme court• habeus corpus• federal appellate court• US Supreme Court

Appellate Process• Non-criminal:

• federal district court• federal appellate court• US Supreme Court

Review Quiz:

Put away all of your notes. Complete the short quiz that is

being distributed. Do your best. Turn it in before you leave.

[15 minutes]

Referenceshttp://www.law.cornell.edu/wex/federalismhttp://www.law.cornell.edu/wex/separation_of_powershttp://www.socialstudieshelp.com/lesson_13_notes.htmhttp://www.loc.gov/rr/program/bib/ourdocs/14thamendment.htmlhttp://constitutioncenter.org/constitution/the-amendments/amendment-14-citizenship-rights