Student was able to identify the principles on which the U.S. Constitution was founded.

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 that State in which he shall be chosen. 4

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 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. Popular Sovereignty Republicanism Federalism Separation of Powers Checks and Balances Limited Government Individual Rights Flexibility

7 Supreme Law of the Land Supremacy Clauses Answer the questions at the bottom of page 8 in your unit packet 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?

8 Living Constitution Add this information under the section on flexibility on p. 8 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

9 Living Constitution Answer the questions at the bottom of page 8 in your unit packet Why do you think the Founding Fathers added this clause to the Constitution? How does this clause help the Constitution become a living document? Can you think of any other implied powers? 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.

10 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.

11 Congress- Legislative Branch House of Congress 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 2 No term limit -25 years of age -7 Years a citizen -Live in the state you represent

12 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

13 Senate Leadership Which ever party has the majority chooses the leadership. President of the Senate Vice President Joe Biden (D) United States President Pro Tempore Orrin Hatch Utah (R) Minority Leader Harry Reid (D) Nevada Majority Leader Mitch McConnell (R) Kentucky

14 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 114 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

15 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) 15

16 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.

17 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.

18 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

19 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 Joint Joint Economic Committee Joint Committee on Printing Joint Committee on Taxation Committee on Financial Services Committee on Foreign Affairs Committee on Homeland Security Committee on House Administration Select House Permanent Select Committee on Intelligence 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

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 Powers of the Executive Branch Main Job The Executive Branch is responsible for enforcing the laws made by the Congress. He/she does this by signing bills passed in Congress.

22 George Washington's Legacy Washington established several precedents (traditions) that future Presidents would follow out of respect for Washington. The actions Washington took are not listed in the Constitution as powers given to the President. 1. Serving only two-terms (term 4 years) of office. 22 nd Amendment made this a permanent change after Giving the state of the union address every year. 3. Created the cabinet. 22

23 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 Barack Obama President (D) Joe Biden Vice-President (D) 23

24 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.

25 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

26 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

27 U.S. Supreme Court Front row: Associate Justices Clarence Thomas, Antonin G. Scalia, John Paul Stevens, Chief Justice John G. Roberts, Anthony M. Kennedy, Ruth Bader Ginsburg Back row: Associate Justices Sonia Sotomayor. Stephen Breyer, Samuel A. Alito, and Elena Kagen

28 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

29 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

30 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.

31 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.

32 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.

33 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.

34 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 you electors, and you are telling them which candidate they are supposed to vote for in the Electoral College.

35 Electing the President. Electoral College Map 35

36 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.

37 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 37

38 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 38

39 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.

40 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 2. Assigned to a committee Hold hearings, conduct investigations, committee writes a report and votes on the bill. 4. Conference Committee Hold hearings, conduct investigations, committee writes a report and votes on the bill. 3. Floor debate and vote 51% to pass 218/435 Re-write the bill so the language is the same form both houses 3. Floor debate and vote 51% to pass 51/ The President signs the bill. 5. Final Vote- 51% to pass both houses Goes to the President 8. Bill becomes a Law 7. 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. 40

41 Checks and Balances - Text p. 281 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

42 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

43 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. White House Congress

44 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

45 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. 45

46 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.

47 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.

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

49 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.

50 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.

51 1 st Amendment Freedom to peacefully assemble. The government can t prevent or stop any person who wants to lawfully and peacefully protest.

52 1 st Amendment Freedom to petition the government for a redress of grievances. A citizen can ask the government to explain its actions.

53 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.

54 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 54

55 2 nd Amendment The right to bear (have) arms (firearms), and to have a well regulated militia.

56 3rd Amendment Government can t force citizens to quarter (house) soldiers in their homes during peace time.

57 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.

58 4th Amendment Mapp v. Ohio (1961)- Evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts. Established the Exclusionary Rule. Terry v. Ohio (1968)- Terry Stop/Search (Frisk). The police can stop a person, and ask questions, without "arresting" the person. Upon seeing suspicious activity, the police may perform what is called a "Terry Stop," and may temporarily detain people to request that they identify themselves and to question them about the suspicious activity. The scope of a "Terry Stop" is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an "arrest." For their own safety, the police can perform a "weapons frisk" on the outside of a person's clothes (sometimes called "patting down the suspect") during a "Terry Stop." During this frisk, if they feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person's pockets that do not appear to be weapons, even if they believe that the items are contraband.

59 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.

60 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.

61 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

62 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

63 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.

64 8th Amendment Courts can t charge too high amount of bail to the accused. The accused is protected against cruel and unusual punishments.

65 9th Amendment Citizens of the United States are entitled to other rights not stated in the Constitution.

66 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.

67 Gideon v. Wainwright Clarence Earl Gideon On the back of the Profiles of Freedom video worksheet complete the following assignment. Use the internet to research the Supreme Court case of Gideon v. Wainwright. Create a circle map defining this case, and how the Supreme Court ruled.