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Unit 3: Constitution and Amendments

Chapters 3-5
by

Deborah Dunsmore

on 27 February 2015

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Transcript of Unit 3: Constitution and Amendments

Unit 3:
Constitution

Concepts:
Power & Democracy

Warm Up
1. What does it mean
to have power and/or
authority?

2. Give 1 example of
how power & authority
are shown in society.

3. What is the cartoonist trying to say in the cartoon above?

4. What were 2 of the weaknesses of the Articles of Confederation?
Amendment Project
Constitutional Convention
Failures of the AoC
How would you fix it?
*Would you fix it or start over?*
Constitutional Convention
Began on May 25, 1787 in Independence Hall in Philadelphia
Goal: Amend the AoC
What was it?
Who went?
Delegates from all states except RI
No women, African Americans, or Native Americans
Ben Franklin
George Washington
James Madison
"Father of the Constitution"
Alexander Hamilton
First Major Decisions:
George Washington will preside
Each state gets 1 vote
A simple majority makes decisions (51%)
All meeting discussions were kept secret
AoC is out!
TBD...
1. What will be the structure of this gov't?
2. Who will lead us?
3. Who will choose the leader?
4. Who controls commerce?
5. Will states have rights?

These issues caused a division among the delegates, forcing them to reach compromises.
Mother England had TOO much central power
The AoC didn't have ENOUGH central power
What is the happy medium?
Federalism
Conflict vs. Compromise Convention
What is the difference between conflict & compromise?
Why is there often a need to compromise in heated situations?
Pretend that the SGA has enough money to invite a famous entertainer to perform at the prom dance. Who should it pick?
Why would different groups want different entertainers?
Suggest a compromise that would make most people happy. Argue why this would work.
Constitutional Compromises
Warm Up
1. Describe the differences between the NJ and the VA plan?
"The Constitution, on this hypothesis, is a mere thing of wax in the hands of the Judiciary, which they may twist and shape into any form they please."
- Thomas Jefferson -
2. What do you think T. Jefferson is saying in the quote above?
3. If you were a founding father, what are some of the fears you might have while creating a new government?
4. Do you think their fears were valid? Why or why not?
Issue 1:
How should each state be represented in Congress?
3 branches of gov't
Legislative branch should be based on POPULATION
Favored by VA, PA, MA, NY
Agreed with 3 branches
Wanted a unicameral legislature with EQUAL representation for all states (2 per state)
Favored by DE, NJ, CT
And the compromise was...
Compromise:
The Great Compromise
aka the Connecticut Plan by Roger Sherman
A BICAMERAL legislature
One house based on population (House of Representatives)
Other house based on equal representation (Senate)
Issue 2:
Should slaves count as part of population or taxable property?
Southern States
Northern States
Wanted to count slaves as population to get more voting power in House of Representatives
Wanted to count slaves as taxable property. Argued that slaves couldn't vote, so should not be used in government.
And the compromise was....
Compromise:
Three-Fifths Compromise
3 out of every 5 slaves would count towards representation in Congress & taxable property
Issue 3:
Should the federal government control interstate & foreign commerce?
Northern States
Southern States
Congress should be able to regulate both
Congress should NOT be able to regulate both
Feared taxes on goods and a shipping economy
Feared regulation might mean end to slave trade
= Trade = Barter
And the compromise was...
Compromise:
Slave Trade & Commerce Compromise
Congress COULD regulate interstate & foreign commerce
Could NOT tax exports
Could NOT interfere with the slave trade before 1808
Issue 4:
How should the nation's chief executive be chosen?
Congress chooses
States whose legislatures elected the governor felt Congress should elect president.
Citizens choose
States whose citizens elected the governor felt that citizens should elect the president.
Citizens
Congressional Representatives
President
Citizens
President
And the compromise was....
Compromise:
Electoral College
People vote in election and states give their electoral votes to the candidate that wins in their state
State's electoral votes = # of ppl. in Congress
For example... Romney won the majority of the votes in NC, so NC's 15 electoral votes went to Romney. The candidate that gets 270 electoral votes wins the Presidential election.
Issue 5:
Who should get more power -
states or federal government?
Federalists
Supporters of new constitution
Believed federal govt should be supreme
Thought states would not survive without strong central gov't
Alexander Hamilton, James Madison, & John Jay
Anti-federalists
Opposed ratification of new constitution
Believed liberties would be taken away (no BoR)
Favored wealthy over common ppl.
Thomas Jefferson, Samuel Adams, Patrick Henry
Compromise:
Bill of Rights
Federalists agreed to add Bill of Rights (1st 10 amendments) if Anti-federalists would ratify.

Ratified in 1789!
Federalists Papers
Let's analyze an excerpt from
no. 84 by Alexander Hamilton
Constitutional Principals
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense,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."
US Preamble
*What are the goals of the Constitution?
*Is this a good intro for our nation's Constitution? Why or why not?
In your groups, read the Articles of the Constitution on page 94 and fill in the chart with a detailed summary and key words.

Everyone in your group must have the chart filled out in their notebook.
Constitutional Articles
Amendment Review
Which amendment? What does it mean?
1. Establishment Clause
2. Due Process
3. Right to privacy
4. Speech & sedition
5. Press
6. Petition
7. Assembly
8. Separation of church and state
9. Eminent domain
10. Cruel and unusual punishment

Before you read:
What does Hamilton think about ratifying the Constitution based on your knowledge of the Federalist Party?
What are complaints against ratifying the Constitution?

While reading:
What are Hamilton's arguments against the Bill of Rights?
Do you think his arguments are valid?
Principles of Government
Popular
Sovereignty
Limited Government
Federalism
Separation of Powers
People should have the right to rule themselves (self-govt)

How do we see this?
Gov't should have limits on it's power

Prevents majority from limiting the minority
Clearly stated in Article I
Rule of Law - Everyone has to follow the law!
National & State gov't share power
Laws may vary from state to state
Supremacy Clause says Constitution/Nat'l gov't supreme
Expressed Powers
Reserved Powers
Concurrent Powers
Federal Powers
State Powers
Shared Powers
Maintaining army
Declaring war
Postal system
Immigration
Trade within state
Set up schools
Rules for marriage
Licenses
Taxes
Borrow money
Set up courts
Prisons
Divide govt into 3 branches:
Legislative - makes laws
Executive - enforces laws
Judicial - interprets laws
Who's idea?
Keeps one group from having too much power
Warm Up
Unit 3 Vocabulary

1. Bicameral
2. Confederation
3. Ratify
4. Constitutional Convention
5. Great Compromise
6. Three-Fifths Compromise
7. Electoral College
8. Federalists
9. Anti-Federalists
10. Amendment
11. Rule of Law
12. Separation of Powers
13. Checks and Balances
14. Expressed Powers
15. Reserved Powers
16. Concurrent Powers
Legislative
Judicial
Executive
Article Notes
First Amendment:
Freedom of:
Religion
Assemble
Press
Petition
Speech
F.R.A.P.P.S.
Second Amendment:
Right to:
Bear Arms or Have Guns
You have two arms and you ask people to look at your guns!
Third Amendment:
Citizens DO NOT have to Quarter or House Soldiers
A house roof has three points
Fourth Amendment:
Citizens protected against:
Unreasonable Searches and Seizures
Warrants for Searches and Seizures only if Probable Cause or Particulars Described
Fourth has Four letters to remember
N.U.S.S.
-
N
o
U
nreasonable
S
earches and
S
eizures
Fifth Amendment:
Must be Grand Jury Indictment for Crimes
Criminals Cannot face Double Jeopardy
Criminals Do Not have to Testify Against Themselves
Criminals Must have Due Process of Law
Government Must Pay to Take Private Land for Public Use
Fifth Amendment has Five Rights
Sixth Amendment:
Criminally Accused Entitled To:
Speedy and Public Trial
Impartial Jury
Informed of Charges
Confront Witnesses
Assistance of Counsel (Lawyer or Attorney)
Six Makes Me S.I.I.C.C.
Seventh Amendment:
In Civil Suits:
$20.00 or more Trial by Jury
Jury Tries Facts Unless Rules Allow Court to Review
Eighth Amendment:
No Excessive Bail
No Cruel or Unusual Punishment
Eight is at the End
of a Criminal Trial
Ninth Amendment:
Rights Retained
by the People
Tenth Amendment:
Power to the States
Civil War Amendments
The Thirteenth Amendment (1865)
This amendment officially outlawed slavery in the United States.
The Fourteenth Amendment (1868)
This amendment defined citizenship, and guaranteed the natural rights for all citizens
Response to the Black Codes
The Fifteenth Amendment (1870)
Gitlow v. New York
1925
Prohibits restrictions on the right to vote based on race and color.
What about women?
1. Censorship
2. Petition
3. Slander
4. Libel
5. Search Warrant
6. Double Jeopardy
7. Due Process
8. Eminent Domain
9 Suffrage
10. Poll Tax
11. Discrimination
12. Segregation
13. Civil Rights
14. Affirmative Action
15. Racial Profiling
Unit 3 Identifications Continued
Warm-Up
Segregation
Discrimination
Brown v. Board of Education
1954
Montgomery Bus Boycott
1955
Martin Luther King Jr (1929-1968)
Prohibited discrimination on the basis of race, color, gender, religion, or nationality in:
Public Facilities
Employment
Education
Voter Registration
Civil Rights Act of 1964
The Civil Rights Struggle
Civil Rights
Word Web Activity
Separate But Equal
How does this case of segregation differ from the Kansas school system?
Gender
On April 23, 2010, Arizona governor Jan Brewer signed into law S. B. 1070, an anti-illegal immigrant law, which requires police to determine the immigration status of someone arrested or detained when there is “reasonable suspicion” they are not in the U.S. legally.
Racial Profiling
According to 1998 U.S. Department of Labor statistics, blacks are almost twice as likely as whites to be unemployed. The unemployment rate is also higher for Latinos than for whites. Blacks and Latinos generally earn far less than whites. In 2000, the median weekly earning for blacks was $459; for Latinos, it was $395. In that period, average income for whites was $590. Workers of color are still concentrated in the less well-paying, unskilled sector. In 1993, black and Latino men were half as likely as whites to be employed as managers or professionals and much more likely to be employed as machine operators and laborers. Barriers to equality also remain for women.
- ACLU.org
Affirmative Action
* Supremacy Clause *
Read the "Later Amendments" section on page 136-137.
Section 3 Review #7
Political Cartoon Exercise
Page 140 #1-3
Warm Up
This cartoon circulated in New England after the Constitutional Convention. What do you think the message was? If you had to create a title for the cartoon, what would it be?
"United We Stand -- Divided We Fall"
"Federal Edifice"
Have your article questions out and ready. I will be calling on students at random to answer the questions.
NC Constitution
"We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution."

Answer the following questions about the NC Constitution in pairs using the excerpt from your book on page 780 and the link to the entire text on Edmodo.


Questions to answer:
How many articles are there in the NC Constitution?
How many branches are there in the NC Constitution?
Describe the NC Declaration of Rights.
List 5 specific things, outside the Declaration of Rights, that are different about the NC Constitution compared to the US Constitution.
Share Amendment Posters with the class

Pay Attention--- You are having a quiz today!
What does this cartoon of the Constitutional Convention imply about the progression of the convention?
If you eliminated the words "Constitutional Conventions", what modern day title could this cartoon have?
Warm Up
Let's put these rights to the test...
In your new states, come up with a state name. It must be no longer than 2 words and cannot include anyone's personal name.
Each branch has the power to check the power of the other two branches.
System of Checks and Balances
"We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity, do, for the more certain security thereof and for the better government of this State, ordain and establish this Constitution."
With a partner, answer complete the NC Constitution Web Quest. The link to the full text of the NC Constitution is on Edmodo. Each partner should have a copy of the web quest in their notebooks on a page labeled "NC Constitution".
Try your hand at the 1965 Alabama literacy test. Would you be allowed to vote?
President Kennedy's Civil Rights Speech
June 11th, 1963
http://www.jfklibrary.org/Asset-Viewer/LH8F_0Mzv0e6Ro1yEm74Ng.aspx
Unit 4A Vocabulary
Bicameral
Census
Constituent
Gerrymander
Majority Party
Minority Party
Standing Committee
Seniority
Expressed Powers
Implied Powers
Elastic Clause
Impeach
Writ of Habeas Corpus
Bill of Attainder
Ex Post Facto Laws
Franking Privilege
Lobbyist
Pork-Barrel Project
Joint Resolution
Special-Interest Group
Filibuster
Cloture
Pocket Veto
VA Plan
NJ Plan
Full transcript