DRAW A LINE SEPARATING TODAY & YESTERDAY1) Write: Date: 01/20/11, Topic: Constitutional Power2) Next line, write “Opener #10” and then:

1) Write 1 high+1 low in last 24 hours2) Rate your understanding of yesterday: lost<1-5>too easy (3 is perfect)

3) Respond to the Opener by writing at least 1 sentences about:Your opinions/thoughts OR/AND

Questions sparked by the clip OR/AND

Summary of the clip OR/AND

Announcements: None

Focusing and Awareness Practice1) Breath in, hold, exhale 2) Stop, notice yourself head to toe3) Close eyes, listen to your thoughts 4) Open your eyes, notice around you

Agenda1) What are the “United States” (federalism introduction)2) US Constitution introduction

Why am I learning this?1) What does it mean to have states?

Reminder1) No homework.

Notes #9a, Title: “Federalism” 1) States Come First: Colonies (states)

experienced close to 200 years of separate freedom before joining the US (will wish to retains some power)

2) Federalism: State + fed share power: at times clear split, other times overlapping or conflicting between the state and federal gov

(“federal” technically means split gov, but mostly refers to national gov)

3) History of US Federalism: States had more power > then equal in the 1800s > 1900s Federal became supreme (recently state wins some).

UNITARY FEDERAL

STATENATIONAL

FEDERAL

STATE NATIONALSTATE

NATIONAL

STATE

NATIONAL

1780-1860 1860-1930

1930-2000

Constitutional Structure and Amendment:Article 1: Congress/Legislature (House + Senate)Article 2: President/Executive (President +

Implied Bureaucracy)Article 3: Federal Courts/Judiciary (US Courts)Article 4: State LimitsArticle 9: Amendment Process: 2/3 of Congress > 3/4 States 2/3 of States > 3/4 States (never used)Article 6: National Supremacy (when in Art 1, Sec 8)Article 7: Ratification ProcessAmendments: First 10 (Bill of Rights) 27 Amendments Total So Far

Notes #9b, Title: “Constitution Intro Notes” 6) Constitution

(27 amend so far)

1: Legislature:Create laws

(S + H)

2: Executive (President)

3: Judicial:Interprets(SC, CC,

DC)

Bureaucracy (2mil)

Amend:1)2/3 Congress 2) 3/4 States

CONSTITUTIONAL CHECKS AND BALANCES:Article 1: Congress/Legislature (House + Senate)Creates the laws

Article 2: President/Executive (President + Implied Bureaucracy)

Executes the laws

Article 3: Federal Courts/Judiciary (US Courts)Interprets the laws (resolves conflicts)

Notes #9b, Title: “Constitution Intro Notes”

7) Federalism in the Constitution: FEDERAL gov can ONLY do what

the Constitution says. Make laws on very specific list of things.

STATE government can do (make laws on) ANYTHING except when forbidden by the US Constitution.

Parenting Analogy: FED: You can only go to the library.STATE: You can go anywhere

except the bar.

Notes #10a, Title: “Constitution Notes”

1) Constitutional Powers: Gov granted power in the Const

(exp: make treaties)

2) Congress’ Powers (Art 1, Sec 8): Congress’ powers to pass laws

initially limited to a list of 17 reasons in Article 1, Sec 8 (amendments add some more)

a) Power to Tax and Spend: provides Fed. most their power

b) Interstate Commerce Power: most widely used to justify laws

Power of Taxing and Spending: Article 1, Section 8, Clause 1: Power to buy and spend (for the “General Welfare” is very powerful.

Mandates Review: If when the Fed demands the state to do something. If the state refuses, the Fed will deny it money. (States can refuse to obey and lose the money).

c1: “Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts”

Interstate Commerce Clause (ICC): Article 1, Section 8, Clause 3: Initially passed to prevent interstate trade conflicts, courts have allowed Congress to use it to pass MANY laws with a loose connection to economic activity.

NPC Review: NPC by itself has NO power. Congress has to prove the new law is connected to 1-17 like 3 (ICC), then the NPC lets them make it.

c3: “To regulate commerce with foreign nations, and among the several states”

Art 1, Sec 8, Cl. 18 (NPC)Necessary and proper clause says Congress can make any law in order to fulfill clauses 1-17, it is like a car.

Art 1, Sec 8, Cl. 1-17Are the drivers that want to

go someplace, but need a car.

c18 (NPC): “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers”

Civil Rights Act of 1964-CONFIRMED

Endangered Species Act of 1973-CONFIRMED

Violence Against Women Act of 1994-REJECTED

Notes #10a, Title: “Constitution Notes”

3) Amendment Powers: Later, some amendments give

Cong. More power to make laws to enforce Am’s goals (like 14th)

Constitution, Amendment 15:Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2 (enforcement clause): The Congress shall have power to enforce this article by appropriate legislation.

Journal #10a, Title “Const. Powers”Create examples with a partner (include their name at the end):

1) Look at Art 1, Sec 8, Cl 1-17 (other than 1 or 3), come up with a law that is permitted through Art 1, Sec 8, Cl 1-172) Look at Clause 1, come up with a law.3) Look at Clause 3, come up with a law.4) Look at Amendment 15, come up with a law.Be ready to present.

5 Reading/Film Qs Come From These Journal Sections

President’s Listed Powers, Article 21) The executive power shall be vest in a President.2) The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States3) Power to grant reprieves and pardons for offenses against the United States4) He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States.

Notes #10b, Title: “Constitution Notes”

4) Executive Powers (Art 2, Sec 1): President carries out the laws.a) Executive Order: orders

bureacracyb) Signing Statement: giving his/her

openion on a law by Congress

5) Executive Powers (Art 2, Sec 2)Commander in chief, make treaties,

and appoint judges (for life) and other officials (0.1% of bu)

Federal Court’s Listed Powers, Article 3The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States…to controversies between two or more states… the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

(Judicial Review: Most vague of the listed powers for the branches, courts interpreted themselves to have the power of review)

Amendments, Article 5The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourth

Framers thought amendments would happen more often that it does (US: 27 CA: 500)

Past Amendments Proposed but Failed

1876: Abolish the Senate1878: Replace the President with a

Council of 31893: Abolish the Military1914: Make Divorce Illegal1916: Declare war through voting,

and have those who vote yes to register for military service

1933: Limit personal wealth to $1 million

1971: To declare citizens have a right to a clean environment

Constitution, Hypothetical Amendment:Section 1: Citizens have a right to a clean environment

Section 2 (enforcement clause): The Congress shall have power to enforce this article by appropriate legislation.

Failed Equal Rights Amendment: Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Civil Rights Act of 1964-CONFIRMED

Journ #10a, “Equal Rights Amendment Debate”“Equality of rights under the law shall not be

denied or abridged by the United States or by any State on account of sex.”

1) Read the 2 sides, choose 1 side, and write which you choose and explain why.

2) Then write down what your partner thinks (include their name at the end).

1 2 3 4 5CON: Reject ERA1) Civil rights laws already protect women2) Some things should not be equal access, like military service (combat)

PRO: Add ERA1) Adding constitution ensures women rights

2) There is no reason for anything not to be equal

35 states which ratified the ERA rescinded their

Future Amendments Being Discussed1) Revise ‘14th Amendment’ Amendment: Remove

line allowing anyone born in US to be citizen.2) Marriage Amendment: Define marriage as

between a man and a woman. (Fed courts have refused to decide yet)

3) End the Electoral College Amendment: Let voters directly choose the president.

4) Flag Burning Amendment: Ban flag burning (Fed Courts say we have a 1st Amendment right to burn flags)

5) Arnold Amendment: Let non-US born citizens run for president.

Work #11a, Title “Constitution Scavenger Hunt”With your groups, find the answer and where in article, section, & clause can I find each:1) Age requirement to run for Congress (House)?2) How to amend (change) Constitution?3) How judges are selected?4) How laws are passed?5) Current age to vote (citizens)?6) Who can declare war?7) Who has power over revenue (taxes)?8) Right to freedom of speech and religion9) Right to be treated equally by fed govt10) Right to be treated equally by state govts

5 Reading/Film Qs Come From These Work Sections

Journal #11b, Title “Video: Constitution Intro”

1) Copy Source Title: Annenberg

2…) Discuss questions on the board with a partner. Summarize your discussion (include their name at the end). Remember participation points are deducted if off task. 5 Reading/Film Qs Come From These Journal SectionsTime Bookmark: 00:00

Homework: 1) Study today’s notes + journal

sections for a possible journal quiz.2) Pick and listen to your 4 news

podcast by next Monday.

Journal Check: If your name is called, drop off your journal with Mr. Chiang (if requested, points lost if your journal is not turned in)