U.S. Constitution Unit

Transcription

1 U.S. Constitution Unit

2 Learning Goal 9: Students will be able to explain the principles on which the U.S. Constitution was founded. - federalism (i.e., enumerated, reserved, and concurrent powers) - popular sovereignty - separation of powers - individual rights - checks and balances - limited government - flexibility (i.e., Elastic Clause, amendment process, living constitution) - republicanism - Supreme Law of the Land Scale: In addition to a 3 student was able to explain and analyze the principles on which the U.S. Constitution was founded. Student was able to explain the principles on which the U.S. Constitution was founded. Student was able to identify the principles on which the U.S. Constitution was founded. Students was able to partially identify the principles on which the U.S. Constitution was founded.

3 How to Read the Constitution The Constitution is organized into 3 basic parts. -Articles -Sections -Clauses Section 1. Legislative powers; in whom vested Example ARTICLE I: Legislative Branch 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. Section 2. House of Representatives, how and by whom chosen Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the elector in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3

4 How to Read the Constitution Section 1. Legislative powers; in whom vested Article I, Section 2, Clause 1 Or I-2-1 Example ARTICLE I: Legislative Branch 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. Section 2. House of Representatives, how and by whom chosen Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment. 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the elector in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. 2. No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of 4 that State in which he shall be chosen.

5 How to Read the Constitution 7 Articles of the Constitution- Write this on the back of your packet Article I- Legislative Branch (Congress) Article II- Executive Branch (President) Article III- Judicial Branch (Supreme Court) Article IV- Relations among the states Article V- How to amend (change) the Constitution Article VI- Supremacy of National Law, Oath of Office, National Debt Article VII- Ratification of the Constitution 5

6 Supreme Law of the Land Supremacy Clauses Discuss this in your box group Can be found in Article 6 of the U.S Constitution. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Article 6, Clause 2 What does this clause mean in terms of power between the states and the federal government? Why do you think the framers (creators) of the Constitution put this clause in the document?

7 Principles of the U.S. Constitution Text Popular Sovereignty- The people rule. They have the ability to govern themselves through voting. 2. Republicanism- People exercise their power in government by voting for their representatives. 3. Federalism- Both the Federal and State governments have their own power, and they share others. Delegated (enumerated) Powers- Federal Powers, Reserved Power- State Powers, Concurrent Powers- Shared. 4. Separation of Powers- Divided the power of government into branches, so that no one part could become too strong. 5. Checks and Balances- Each branch of government can exercise checks, or controls, over the other branches. 6. Limited Government- The rule of law prevails in American government. No one is above the law, even members of the government. 7. Individual Rights- The Bill of Rights shields people from an overly powerful government. 8. Flexibility- The Constitution can be amended and changed. Living Constitution Popular Sovereignty Republicanism Federalism Separation of Powers Checks and Balances Limited Government Individual Rights Flexibility

8 Flexibility: Living Constitution Amending the Constitution 1) Two-thirds of each house of Congress votes to amend the U.S. Constitution - Then three-fourths of the state legislatures approve the amendment. The new amendment is added to the Constitution. * All but one of the 27 Amendments used this process to get added to the Constitution. 2) A national convention (meeting) is held where two-thirds of all the states agree to a new amendment - Then three-fourths of the state legislatures approve the amendment. New amendment is then added to the Constitution.

9 Flexibility: Living Constitution The Elastic Clause gave the Congress the power to make all laws that they see as necessary and proper to deal with the changing needs of the country. These implied powers are not specifically stated in the Constitution. I This expanded the powers specifically given to Congress in the Constitution. There are 18 enumerated/ delegated powers given to the Congress. Examples of enumerated powers- you don t have to write this in your notes. -The main job or duty of the Congress is to make and pass laws for the U.S.A. - To make and borrow money for the U.S.A. - To regulate trade. - Establish a post office and build roads. -Declare war. -Has final approval of the Federal Government s budget.- power of the purse -To establish inferior (lower) courts to the Supreme Court. House of Representatives Senate

10 Living Constitution Examples of Implied Powers- None of these are powers given to Congress Congress sets a federal minimum wage. Congress establishes the United States Air Force. Congress establishes national parks. Congress creates federal laws against pollution. Congress makes laws regarding discrimination in employment. Congress decides that televisions should have V-chips that enable parents to block certain shows. Congress passes the Gun-Free School Zones Act prohibiting anyone from possessing a firearm in a school zone.

11 Constitution Cube Review Game 1) Find a partner. 2) Take out a piece of scratch paper to keep score. 2) Use both cubes. 3) Roll both cubes. 4) Give the definition for each side that showing. 5) You get one point for each correct answer. 6) Keep track of your scores. 7) Play 5 rounds, or keep going until someone wins. *Tell Mr. Furman who the winner is for your group.- They get a prize!

12 Learning Goal 10: Students will be able to explain the powers of the three branches of the federal government. - Legislative Branch: Congress (makes laws) - Executive Branch: President (enforces laws) - Judicial Branch: Supreme Court (interprets laws, Marbury v. Madison) - Electoral Process (popular vote and electoral college) Scale: In addition to a 3 student was able to explain the powers of the three branches of the federal government. Student was able to explain the powers of the three branches of the federal government. Student was able to identify the powers of the three branches of the federal government. Student was able to partially identify the powers of the three branches of the federal government.

13 House of Congress Congress- Legislative Branch Main power/ role in the federal government Leadership and number of members Term of Office in years Qualifications to be elected to this House of Congress Senate (Upper House) Make Laws -Same as the House of Reps * Only the Senate -Approve Treaties -Approve appointments to the cabinet and the Supreme/ Federal Courts -Vice President -President Pro Tempore -Majority Leader -Minority Leader 100 Senators 2 from every state 6 No term limit -30 years of age -9 Years a citizen -Live in the state you represent House of Representatives (Lower House) Make Laws - To make and borrow money for the U.S.A. - To regulate trade. - Establish a post office and build roads. -Declare war. -Has final approval of the Federal Government s budget.- power of the purse -To establish inferior (lower) courts to the Supreme Court. -Speaker of the House -Majority Leader -Minority Leader 435 Representative Number per state is based on the state s population. 922,000 = 1 Rep 2 No term limit -25 years of age -7 Years a citizen -Live in the state you represent

14 Senate 100 Members Add this under your chart on p. 9 Is called the upper house because members are elected to a longer term (6 years), and because they stay in office longer they can have more of an influence in the government. Two Senators from a each state. - Senior Senator- Elected first - Junior Senator- More recently elected Senator

15 Leadership Which ever party has the majority chooses the leadership. Senate President of the Senate Vice President Mike Pence (R) United States President Pro Tempore Orrin Hatch Utah (R) Minority Leader Chuck Schumer (D) New York Majority Leader Mitch McConnell (R) Kentucky

16 House of Representatives 435 Add this under the chart on p. 9 Is the part of Congress considered closest to the will of the people. Elected every two years. Any new law (bill) dealing with money (taxes, spending money) must start in the House. Every two years every member of the House and 1/3 of the Senators is up for re-election. Since the ratification of the Constitution, Congresses have been numbered every two years. Example: Current Congress is the 115 th. - The Elastic Clause gave the Congress the power to make all laws that they see as necessary and proper to deal with the changing needs of the country. These implied powers are not specifically stated in the Constitution. I-8-18

17 House of Representatives Leadership Which ever party has the majority chooses the leadership. Speaker of the House Paul Ryan Wisconsin (R) Majority Leader Minority Leader Kevin McCarthy California (R) Nancy Pelosi California (D) 17

18 Congressional Committees Each newly elected member of Congress is assigned to a committee. Both political parties (Democrat and Republican) have members on each committee, but the majority of the members on the committee come from the majority party. Each committee is headed by a chairman.

19 Types of Committees Standing- Are permanent committees. Most bills that go through the Congress go through a standing committee. Select or Special- Is a temporary committee set up to deal with a specific bill not covered by a standing committee. Joint- Can be either a Select or Standing committee. Has members from both the Senate and House. They investigate other areas of government or the private sector on behalf of the Congress. Conference- As a bill goes between the two house of Congress, the language of the bill is sometimes changed. A conference committee is call to re-write the bill so its final form matches what both the HR and the Senate want. This committee is made up of members from both houses of Congress.

20 Executive Branch- President Chief Executive Main power/ role in the federal government Who else is in the Executive Branch besides the President? Term of Office in years/ limits Qualifications to be elected President of the United States 1. Enforce laws made by Congress 2. Commander in Chief of the Armed forces. 3. Head of State/ Chief diplomat for the United States. 4. Leader of their political party Vice President Cabinet- Executive Departments White House Staff 4 Years 2 Terms 35 Years of Age Live in the U.S. for 14 yrs Natural born citizen

21 Executive Branch Leadership The leadership of the White House Staff consists of the President and Vice-President of the United States and their staffs. Everyone who works in the Whitehouse Donald Trump President (R) Mike Pence Vice-President (R) 21

22 Cabinet There are 15 cabinet positions. Each position is called a department and is headed by a secretary. The Cabinet serves as a group of advisors to the President. The President appoints the secretaries to head each department. The Senate must approve these appointments 22

23 Cabinet Cabinet Departments: State- Foreign Affairs, Embassies Treasury- Money supply, US Mints Defense- Armed Forces- Army, Navy/ Marines, Air Force Interior- National Parks, BIA Justice- FBI, Marshals, ATF, DEA, Federal Prisons Agriculture- Crops, livestock and farmland Commerce- Trade Labor- Health and safety of workers Health and Human Services- Health care issues Housing and Urban Development- Safe, affordable housing Transportation- FAA, Regulate the country s transportation systems Energy- Regulate and look at energy use for the country. Education- Ensure educational access, and quality. Veterans Affairs- To assist Veterans Homeland Security- Protect the nation from outside attacks 23

24 Getting Elected to Congress or President 1. You must meet the qualifications for that office (President, Senator or Representative). 2. A person must be chosen by their political party to be their candidate. This selection of a candidate within a political party happens in a primary election. People can run as an independent if they aren t a member of political party. 3. After each political party has picked their candidates they run against each other in the general election to see who wins that office.

25 12 th Amendment Before the 12 th Amendment, the person who came in first in the Electoral College was President and the person who came in second was the Vice President. 12 th Amendment changed this- President and VP run together during the election and are elected together. 23 rd Amendment Washington DC receives 3 electoral college votes.

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27 17 th Amendment Changed the way Senators are elected. Up until 1913 Senators were chosen by their state s legislature (like a Congress for the state). 17 th Amendment made Senators elected directly by the people.

28 Electing the President The first candidate to win 270 Electoral College votes out of 538 votes is declared the winner of the election. 435 (HR) (Senate) + 3 Washington DC Electors = 538 (23 rd Amendment) The Electoral College was set up as a way to safeguard against the people making a bad choice for President. When the Electoral College was originally created electors did not have to vote for the candidate that received the most popular votes in their state. Today, the electoral college is more of a formality. Most states have passed laws requiring electors to cast their vote for the candidate that receives the most popular votes. Each political party in a state picks members of their party to be an elector. Example AZ has 11 electoral college votes, so the Democratic Party will pick 11 people to be their electors. All the other political parties do the same. When you vote for your candidate for President, you are actually voting for your electors, and you are telling them which candidate they are supposed to vote for in the Electoral College.

29 Electing the President ELECTORAL COLLEGE- Is only used to pick the President of the United States and Vice President. The President and Vice-President run together during the election. The Electoral College is a group of people (electors) picked by their state to cast the final vote for president after the general election. Electors are citizens chosen by their state to cast a vote for the person they want to be President. Every state is worth so many Electoral College votes. The number of votes a state has in the Electoral College is based on the number of representatives that state has (which is based on the population of that state) and that state s two senators. Arizona = 11 Electoral Votes 9 Representatives + 2 Senators = 11 Electors The candidate that receives the greatest popular vote wins all of the state s electoral votes. Winner Takes All The general election takes place in November. The Electoral College meets in December after the general election to cast their votes.

30 Electing the President. Electoral College Map 30

31 Presidential Succession 25 th Amendment (1967)- If the President of the United State dies in office, the Vice President will assume the position of the presidency. The 25th amendment allows for the Vice President to become president in the event of death, resignation, removal from office or impairment that prevents the current president from fulfilling his or her duties.

32 Presidential Succession Presidential Succession Act of Vice President 2. Speaker of the House 3. President Pro Tempore of the Senate 4. Secretary of State 5. Secretary of the Treasury 6. Secretary of Defense 7. Attorney General 8. Secretary of the Interior 9. Secretary of Agriculture 10. Secretary of Commerce 11. Secretary of Labor 12. Secretary of Health and Human Services 13. Secretary of Housing and Urban Development 14. Secretary of Transportation 15. Secretary of Energy 16. Secretary of Education 17. Secretary of Veterans Affairs 18. Secretary of Homeland Security

33 Powers of the Supreme Court Judicial Branch Federal Courts Main power/ role in the federal government What are the other levels of federal courts under the Supreme Court? Term of Office in years/ limits How does someone become a Supreme Court justice or Federal court judge? Supreme Court - 1 Chief Justice - 8 Associate Justices To look over laws and decisions of the other branches of government and determine if they are constitutional- Judicial Review. Judicial review is not mentioned in the Constitution. It was created in the Supreme Court case of Marbury v. Madison by Chief Justice John Marshall. Supreme Court-1 Courts of Appeals- 13 U.S. District Courts- 94 These are the trial courts were most federal court cases start. Term of office is for life. The Constitution gives no qualifications to be a Federal court justice or judge. When there is an opening on the Supreme Court or another Federal court the President of the United Sates nominates someone, and then that person must be approved or confirmed by the Senate.

34 Powers of the Supreme Court The Supreme Court looks at laws, and actions of both the Federal and state government to see if they are constitutional (doesn t go against the Constitution). Highest Court in the U.S.. This power is held by the Supreme Court any other inferior courts that Congress creates. Supreme Court Building

35 Powers of the Supreme Court The main power of the Supreme Court is Judicial Review. This is the Court s power to declare laws or actions made by the other two branches unconstitutional. The power of Judicial Review is not directly given to the Supreme Court in the Constitution, but was created in a very famous Supreme Court case called Marbury v. Madison by the Chief Justice at that time John Marshall. William Marbury John Marshall James Madison

36 U.S. Supreme Court

37 Organization of the Judicial Branch The Supreme Court- consists of 9 people altogether. Final court of appeals. 1 Chief Justice and 8 Associate Justices. (Justice = Judge) U.S. Courts of Appeals- Is underneath the Supreme Court there are the 12 Courts of Appeals. Each Appeals Court has 3 judges who look at the decisions of the lower federal Courts to decide if the ruling of the lower court was correct. Appeals courts check to make sure the lower court applied the law correctly, and that the trial was fair. They are not concerned with guilty or innocence. * There is a13th Court of Appeals which hears appeals from special federal courts. District Courts- There are 94 District Courts across the United States. Each state has at least one district court. They are the courts of original jurisdiction in the Federal government. They handle the majority of the workload in the Federal court system. These courts have a judge and a jury. Special Federal Courts- Hear cases dealing with special areas of federal law. i.e.- Patent Law, Customs Law, Tax Law

38 Structure of the Judicial Branch U.S. Supreme Court State Supreme Court Special Federal Courts Patent Law, Tax Law, Customs Law U.S. Courts of Appeals State Appeals Courts U.S. District Courts Federal Trial Courts State Trial Courts In AZ they are called Superior Courts Cases dealing with state or local laws Cases involving Federal laws Cases involving a state gov t or foreign diplomat

39 Constitution Handbook Create a Flow map showing the process of how a bill becomes a law. Explain the steps how a bill becomes a law. All laws start out as a bill, or a proposed law. The process of turning a bill into a law is very difficult. The Founding Fathers made it this way so elected representatives would have time to think about their decisions. A bill can be written and introduced into the Congress by any of its member. A bill may start in either house of the Congress. -Except bills dealing with money (like taxes or spending $) they must always be introduced, or start in the House of Representatives.

40 Filibuster Use the article given to you in class to answer the following questions in your packet in the additional notes page 1. What is a Filibuster? 2. Which house of Congress can use this power? 3. Name the politician who created the modern filibuster. 4. What is Senate rule #22? 5. Why would a politician use a filibuster? 40

41 Lobbyists-Special Interest Groups- Political Action Committees and Congress 1. What is a lobbyist? 2. What is a PAC? 3. Do you feel it is right for lobbyists to try an influence members of Congress (Senators or Representatives) to vote a certain way on a bill, or even get them to introduce a bill of behalf of a particular organization? Explain. 4. Do you think members of Congress should take campaign money from a PAC? Explain.

42 How a bill becomes a law The founding fathers intentionally made the process of how a bill (proposed law) becomes a law difficult. They did this so law makers would have to think about the laws they were making.

43 House of Representatives (HR) 1. Bill is Introduced Read into the record and assigned a # How a Bill Becomes a Law Bill can start in either house Except a money bill(taxing/ spending)those must start in the HR. Senate (S) 1. Bill is Introduced Read into the record and assigned a # 2. Assigned to a committee Hold hearings, conduct investigations, committee writes a report and votes on the bill. 3. Floor debate and vote 51% to pass 218/ The President signs the bill. 4. Conference Committee Re-write the bill so the language is the same form both houses 5. Final Vote- 51% to pass both houses Goes to the President 8. Bill becomes a Law 2. Assigned to a committee Hold hearings, conduct investigations, committee writes a report and votes on the bill. 3. Floor debate and vote 51% to pass 51/ President can stop the bill by vetoing it. Congress can override the President s veto by a 2/3 vote, (HR-290/435 and S-67/100) in each house of Congress. 43

44 Congressional Committees Senate Standing Agriculture, Nutrition, and Forestry Appropriations Armed Services Banking, Housing, and Urban Affairs Budget Commerce, Science, and Transportation Energy and Natural Resources Environment and Public Works Finance Foreign Relations Health, Education, Labor, and Pensions Homeland Security and Governmental Affairs Judiciary Rules and Administration Small Business and Entrepreneurship Veterans Affairs Joint Joint Committee on Printing Joint Committee on Taxation Joint Committee on the Library Joint Economic Committee Special, Select, and Other Indian Affairs Select Committee on Ethics Select Committee on Intelligence Special Committee on Aging

45 Congressional Committees House of representatives Standing Committee on Agriculture Committee on Appropriations Committee on Armed Services Committee on the Budget Committee on Education and Labor Committee on Energy and Commerce Committee on Financial Services Committee on Foreign Affairs Committee on Homeland Security Committee on House Administration Committee on the Judiciary Committee on Natural Resources Committee on Oversight and Government Reform Committee on Rules Committee on Science and Technology Committee on Small Business Committee on Standards of Official Conduct Committee on Transportation and Infrastructure Committee on Veterans' Affairs Committee on Ways and Means Joint Joint Economic Committee Joint Committee on Printing Joint Committee on Taxation Select House Permanent Select Committee on Intelligence

46 Checks and Balances - Text p. 281 Checks and Balances- The ability of a branch of government to control the actions, or powers of the other branches. Filibuster- Is used only in the Senate. Is a way to delay a vote on a bill. Senators have the right to speak for as long as they are able. In doing so they can hold up a vote on a bill. Congress 1. Override the President s veto 2. Impeachment- House of Reps. Brings charges and the Senate holds a trial 3. The Senate ratifies treaties made by the President 4. Senate confirms presidential appointments to the Federal Courts, ambassadors, positions in the executive branch and cabinet 1. Confirms appointments 2. Establish new courts 3. Impeach justices/ judges 4. Pass an amendment to the Constitution White House Supreme Court Building

47 Checks and Balances - Text p. 281 White House 1. Veto a bill 2. Call Congress into a special session 3. Propose laws 1. Pres. Can appoint justices 2. Pres. can pardon criminals Congress Supreme Court Building

48 Checks and Balances - Text p. 281 Supreme Court 1. Judicial Review- declare actions of the President unconstitutional 1. Judicial Review- can declare laws made by Congress unconstitutional. Amendment Process- The only way Congress, or the President can to get around Judicial Review is to add an amendment to the Constitution. 1) The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. 2) A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). White House Congress

49 Marbury v. Madison Use the video shown to you in class to answer the following questions in your unit packet p Explain the details of the case- year, people involved, issue of the case. 2. How did this case create judicial review? Be sure to explain what judicial review is. 49

50 LG 10 Review What is significant about each of these numbers when you think of the 3 branches of Federal Government? /3 or 67% 51%

51 Amendments 1-10, The Bill of Rights Text p First 10 amendments to the Constitution is known as the Bill of Rights. These amendments list out a citizens basic rights under the Constitution. It was written by James Madison, and added to the Constitution to help get it ratified. Tells the government what they can t do.

52 1 st 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.

53 1 st Amendment Freedom of religion. The government can t require citizens to follow or practice a particular religion. Citizens may practice or not practice any religion that they wish.

54 Freedom of speech. 1 st Amendment The government can t prevent or stop a person from speaking out against the government. This includes more than just verbal speech. It can also include written words, works of art, any kind of technology that allows people to communicate with each other.

55 1 st Amendment Freedom of the press. The government can t prevent or stop any news medium from reporting stories or information about the government. This would include the internet, television, radio, magazines and newspapers.

56 1 st Amendment Freedom to peacefully assemble. The government can t prevent or stop any person who wants to lawfully and peacefully protest.

57 1 st Amendment Freedom to petition the government for a redress of grievances. A citizen can ask the government to explain its actions.

58 When can the government deny freedom of speech? 1) Make false statements against someone that causes them harm. Ex- Slander (spoken) or Libel (written) 2) If the speech threatens national security. 3) If the speech encourages others to break the law or incite others to use violence. 4) If the speech causes panic and results in people to getting hurt. 5) Words that present a clear and present danger to others or the United States.

59 Schenck v. United States 1919 Charles Schenck was arrested and charged with passing out pamphlets trying to persuade young men not to enter the draft during WWI. The Supreme Court and Chief Justice Oliver Wendell Holmes affirmed the lower court ruling stating that Schenck s actions were unlawful, and were a clear and present danger to the United States war effort. Can t yell fire in a crowded theatre Oliver Wendell Holmes 59

60 2 nd Amendment The right to bear (have) arms (firearms), and to have a well regulated militia.

61 3rd Amendment Government can t force citizens to quarter (house) soldiers in their homes during peace time.

62 4th Amendment The government may not conduct unreasonable searches and seizures. Law enforcement must have probable cause, and a search warrant that names the exact places to be searched and persons or things to be seized.

63 5th Amendment A person can t be put on trial for a capital crime (crime punishable by death), or infamous crime (crimes punishable by prison or a loss of rights) unless the case is heard by a grand jury. *A grand jury is a group of between citizens who hear a case first to see if there is enough evidence to go on with a regular trial.

64 5th Amendment Due Process- A person can t be deprived of life, liberty, or property without a fair trial. Eminent Domain- Private property can t be taken away for public use unless the person is compensated. Double Jeopardy- The government can t put a person on trial for the same crime twice. Exception: if a person is found guilty because of a legal error, then you can be tried again. Don t have to be a witness against yourself- An accused person doesn t have to answer questions asked by the government.

65 5th Amendment Miranda Warning- No person accused of a crime may be forced to be a witness against him or herself, because in the eyes of a jury or court it may make the accused look guilty. Starting in 1966, after the Miranda v. Arizona Supreme Court case, police now have to tell those accused of a crime that they have the right to remain silent, and if they say something it can be used against them in a court of law. They have the right to an attorney, and if they can t afford one the government will provided one free of cost. Ernesto Miranda

66 6th Amendment Right to a fair, speedy, public trial, with a jury in all criminal cases. The right to an attorney (lawyer) must be provided in all criminal trials. Civil Law cases = Cases between two or more private citizens. Criminal Law cases = The government brings charges against a citizen for breaking the law. After the Supreme Court case of Gideon v. Wainwright, (1963). In all criminal cases, both federal and state courts must appoint a lawyer to an accused person if he/she can t afford one. Clarence Earl Gideon

67 7th Amendment A trial by jury may be allowed in civil cases dealing with property or money as long as the value in dispute is over $ An appeals court can only overturn a jury trial s decision if they find that a legal error was made in the trial.

68 8th Amendment Courts can t charge too high amount of bail to the accused. The accused is protected against cruel and unusual punishments.

69 9th Amendment Citizens of the United States are entitled to other rights not stated in the Constitution.

70 10th Amendment Powers not specifically given to the federal government in the Constitution, belong to the states or people. Creates federalism in our government. Powers divided between the state and national government. ** This is the one amendment in the Bill of Rights that does not deal with a person s rights.

71 14th Amendment Is not a part of the Bill of Rights, but it is one of the amendments that secures a citizen s basic rights. The 14th amendment was adopted in 1868, after the civil war, and addresses the equal protection and rights of former slaves. All persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States. Citizens of the United States; shall not be deprive of life, liberty, or property, without due process of law; every person shall have equal protection under the law.

72 Bill of Rights Review You will need your headphones, or turn your volume off.

73 Bill of Rights Only register if you want to save your game for later.

74 LG 11 Review-Find the Fiction You will be working in your box group for this activity. Using your notes from LG 11, write down three facts about the Bill of Rights on a separate sheet of paper. Two facts must be true and one must be fiction. Write these as a statement or question. Do not share your facts with the other members of your group until told to do so. Make sure your facts are not too obvious. When told to do so, each person in your box group will share his/ her three facts (ABCD order). The other members of the group must find the fiction. ` b

75 Arizona State Government

76 State Legislative Branch AZ is divided into 30 legislative districts. State Legislature State Senate State House of Representatives 30 members- 1 per district 60 members- 2 per district Serve a 2 year term Serve a 2 year term Can serve 4 terms Can serve 4 terms

77 AZ Legislative Districts

78 State Executive Branch Governor -Chief Executive - 4 yr term - 2 terms Secretary of State - Runs elections Attorney General - Legal advisor to the governor and state Governor Jan Brewer Treasurer - State budget Superintendent of Public Instruction Oversees the AZ department of education, and the running of public schools

79 State Judicial Branch State Supreme Court 5 Justices - appointed by the governor 1- Chief Justice AZ Courts of Appeals 3 judges AZ Superior Courts -Trial courts -Each county has at least one Superior Court AZ Supreme Court Building Justice of the Peace Courts and Municipal Courts

80 County and Local Government

81 County Government The 15 counties in Arizona are basic subdivisions of the state, with elected officials. Elected Officials at least three-five supervisors- elected and hold his office for a term of four (4) year sheriff county attorney recorder treasurer assessor, superintendent of schools Maricopa County Board of Supervisors

82 City/ Town Governments Mayor- Chief Executive for the City or town City/ Town Council- Sometimes there is no mayor and they act like the mayor. Can pass local laws for the residents of the city or town.

83 Tribal Government Cocopah Indian Tribe Colorado River Indian Tribes Fort McDowell Yavapai Nation Gila River Indian Community Havasupai Tribe of the Havasupai Reservation Hopi Indian Reservation - Hualapai Tribal Nation Kaibab Paiute Tribe Native Americans in Arizona Navajo Nation Pascua Yaqui Tribe Salt River Pima-Maricopa Indian Community San Carlos Apache Tribe

84 Tribal Government The Congress has the right to establish and regulate Reservation Lands and Tribal governments. Tribal governments are allowed to make their own laws and govern themselves. The laws that they make can t go against the U.S. Constitution.

85 How a Bill Becomes a Law in Arizona

86 How AZ Laws Are Made 1. Bill is introduced and read aloud in the House or the Senate and assigned a #. 2. Bill is assigned to appropriate committee which considers bill/makes recommendations, assigns bill to active on calendar. 3. Bill is read aloud to whole house. All present must vote. If passed, bill goes to other house (Senate/HR).

87 How AZ Laws Are Made 4. Once the bill passes the house it was originated in (Senate/HR) the bill goes to the other house where the process is repeated (Steps1-3). 5. If the bill is approved by the other house, the bill goes to the Governor to be signed into law, or vetoed. Governors have two kinds of vetoesregular veto and a line item veto (the governor can take out specific parts of the bill they don t like)

88 How AZ Laws Are Made 6. If vetoed- the bill goes back to original house with changes and Can be accepted by the both house and sent to the Governor with the new changes to sign/ veto.

89 Important Vocabulary Initiative: Citizens gathers enough signatures to place a proposition on an election ballot

90 Initiative Initiative- The people can make and vote on the laws or amendment directly. People have Initiative Petition Signed Voters an idea for a (law) by 10% of the Voters law. (Initiative) 10% of the # of votes cast in last election for governor.

91 Important Vocabulary Referendum: State legislature creates a bill and then sends the bill to the people to vote on.

92 Referendum Referendum- Bill in the state legislature is sent to the people to vote on directly. 2 ways a referendum can be passed. State Legislature Referendum People Vote (law) State Legislature Referendum People want Petition Goes on the (law) a referendum. Signed by 5% of ballot and is voters. voted on.

93 Important Vocabulary Recall: An elected official is removed from office due to committing illegal actions.

94 Recall Recall- People of AZ can vote directly to remove an elected official. People want to get rid of an elected official. Petition Signed-25% of the votes cast in the last election for the official being recalled People can vote to remove elected official.

95 Gideon v. Wainwright Miranda v. Arizona Read the case studies given to you in class and answer the following questions in your unit packet. 1. Explain the Supreme Courts ruling in Gideon v. Wainwright. Do you agree with it? Explain. 2. Explain the Supreme Court s ruling in Miranda v. AZ. Do you agree with it? Explain.

96 Citizenship Text p A citizen is a legal resident of a city, state, or country. A person who is not yet a citizen is called an alien.

97 Citizenship Text p Born in the United States or on U.S. Territory 2. One or both of your parents are citizens 3. If your parents become citizens (naturalized) before you turn 18 years of age 4. Naturalized Naturalization is the process you go through to become a citizen. 97

98 Citizenship Text p Naturalized Naturalization is the process you go through to become a citizen. 1. Must be 18 years old to be naturalized- Children under 18 become citizens automatically if their parents are naturalized. 2. Live in the U.S. 5 years. 3. Entered the U.S Legally. 4. Read, write and speak English. 5. Take a test showing knowledge of American history and government 98

99 Citizenship Text p Basic Rights or Civil Rights- Bill of Rights Protection from unfair government action Equal treatment or protection under the law- 5 th Amendment and the 14 th Amendment

100 Constitution Handbook: Role of the Citizen Text p What are the different types of personal and civic responsibilities of a U.S. citizen? Personal Responsibilities Taking care of yourself Helping your family Knowing the difference between right and wrong Behaving in a respectful way Voting/ being politically involved Civic- Think of these as legal requirements Obeying the law, Serving on juries Paying taxes Attending School Defending your country- Men must register with the selective service when they turn 18, being drafted in the armed forces.

101 Personal and Civic Responsibilities of Being A Citizen On the back of the notes given to you in class answer the following questions Personal Responsibilities- Give a specific example for how a citizen can show each of these responsibilities. Taking care of yourself- Helping your family- Knowing the difference between right and wrong- Behaving in a respectful way- Voting/ Being Politically Involved- Civic Responsibilities- Obeying the law, Serving on juries, Paying taxes, Attending School, Draft. Think of a new civic responsibility that could be added to the list.