The Constitution Drill 9 2 n Define the

The Constitution

Drill 9/2 n Define the following ¡ Democracy n ¡ Oligarchy n ¡ Rule of the people Rule of a small group of people Unitary Government n System of government where the power is held by an individual or small council

Volunteers please… n For this exercise I need three Volunteers willing to stand perform in front of the class n Complete the chart and accompanying exercises before we move on.

Objective: SWBAT n Identify and analyze the laws set forth in the Constitution

The MOTHER of all Constitution Assignments n n n 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. 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 n n n 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 n Article I of the Constitution outlines the powers and structure of what body? ¡ The Congress

Objective: SWBAT n 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?

n ARTICLE I ¡ ¡ n 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 n Finish 1 -20, Begin the next 20 n HW tonight 21 -40

Drill 9/4 n What is impeachment? ¡ ¡ ¡ Who has the sole power of impeachment? Who tries the case? Who presides over the trial?

Drill 9/4 n Impeachment ¡ n The House of Representatives ¡ n 1. 2 The Senate ¡ n The legal statement of charges 1. 3 The Chief Justice ¡ 1. 3

Objective: SWBAT n Identify and analyze the laws set forth in the Constitution

Drill 9/5 n Given the power give the Article and the section ¡ ¡ ¡ Congress Senate Presidency House of Representatives President/ Vice President Removal from office

Objective: SWBAT n Identify and analyze the laws set forth in the Constitution

Article II n 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 n 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 n Analyze the intentions and effects of the Bill Of Rights

CW: 9/8 n n n 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 n n n 1787 The Constitutional debate is raging Between two factions ¡ ¡ Federalists Anti-federalists

Federalists n n n Madison, John Adams, Hamilton Desired a strong central government with subordinate states Driving forces behind the Constitution

Drill 9/9 n Identify the following ¡ ¡ Federalists Anti-Federalists

Federalists n n n Madison, John Adams, Hamilton Desired a strong central government with subordinate states Driving forces behind the Constitution

ANTI-Federalists n n 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 n 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 North Carolina are hold outs

Ensuring Ratification n n 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 n 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 Freedom of Speech Freedom of Petition Free-Exercise Clause Freedom of Press Freedom of Assembly

Establishment clause n 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 n 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 n 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 n 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… n n n 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 n Identify the rights protected by the following amendments ¡ ¡ ¡ II 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 n Self incrimination ¡ n Double Jeopardy ¡ n You can not be tried for the same crime twice Eminent Domain ¡ n “You have the right to remain silent” The Government can not take your land without your agreement and just compensation Due Process

Due Process n The principle of government that states that ALL of a person’s legal rights must be followed ¡ No short-cuts

Due Process n Guaranteed by the V, VI, and VII amendments ¡ Later by the XIV amendment

Sixth amendment In 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… n Read through the background information of the case of Ms. Mary Toka n Using the information create a legal brief illustrating how her rights were violated n Use the template on page four and make on your own paper, ¡ do not write on these copies please.

Drill 9/12 n 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 8 th Amendment n 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 YES Lockett v OH YES Rummel v Estelle Rhodes v Chapman NO NO Solem v Helm YES

The Ninth and Tenth Amednments n The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. n 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 n Why does