Constitution & Court Cases

Civics & EconomicsM. Teal

http://www.youtube.com/watch?v=FzAJyK0ovo8

Principles of the Constitution

• Popular Sovereignty– Population or people’s right to rule– People Power– Example: Declaration of Independence,– Will of the people expressed through elections

Principles of the Constitution

• Limited Government– Government can only do what the people allow

• Rule of Law– The law applies to everyone, even those who

govern

Principles of the Constitution

• Separation of Powers – The split of authority among the legislative,

executive and judicial branches– To protect against abuse of power and the

possibility of one person or group gaining too much power

Principles of the Constitution

• Checks and Balances– A system in which each branch of government is

able to check the power of the others– Under this system, no one branch of government

can make laws without the guidance and approval of the other.

Principles of the Constitution

• Judicial Review– The principle by which courts can declare acts of

either the executive branch or the legislative branch unconstitutional.

– The Supreme Court has exercised this power, for example, to revoke state laws that denied civil rights guaranteed by the Constitution.

Principles of the Constitution

• Federalism– A form of government in which power is divided

between the federal, or national government and the states

Principles of the Constitution

• Expressed (enumerated) powers – Powers specifically granted to the national

government• Reserved powers– Powers not given to national government are kept

by states• Concurrent powers– Authority of the states and the national

government overlaps

• Are the principles of the Constitution reflected in our school?

• Why/why not?

Preamble

• http://www.youtube.com/watch?v=PIf7uFAKkJc

• An introduction that states the goals and purposes of the governments

Preamble

• We the people of the United States, …do ordain and establish this Constitution for the United States of America.

Preamble

• in order to form a more perfect union,

Preamble

• establish justice,

Preamble

• insure domestic tranquility,

Preamble

• provide for the common defense,

Preamble

• promote the general welfare,

Preamble

• and secure the blessings of liberty to ourselves and our posterity,

PreambleBeneficiaries (Who is it for?)- ex. We the People....

Goals (What are the goals?) – Establish Justice......

Responsible Party (Who is responsible for seeing that the goals are met?) – We the People.

Next to each goal, write examples of how each goal is accomplished in today’s society

Do Now

• Explain how one of the guiding principles limit the government’s powers.

• http://www.ncga.state.nc.us/legislation/constitution/ncconstitution.html

The Articles

• First 3 articles describe the powers & responsibilities of each branch of government

Article I

• Outlines the lawmaking powers of legislative branch

Article II

• Executive branch -> law enforcing branch of government headed by president and vice president

Article III

• Calls for one Supreme Court and such lower courts as Congress deems appropriate

Article IV-VII

• IV -> explains the relationships between the states and federal government

• V -> specifies under what conditions the conditions the Constitution can be changed

• VI -> Constitution the “supreme law of the land”

• VIII -> Constitution would take effect when 9/13 states ratified

Amending the Constitution

• Amendment -> any change in the Constitution• 27 amendments• Change would not be made without

overwhelming support of the people• Amendments safeguard many of our freedoms

Amendment Process

• Proposal– Congressional action; 2/3 of both house of

Congress– National convention; 2/3 of state legislatures

Ratifying an Amendment

• ¾ of the states must ratify it– Vote of either the state legislature or by a special

state convention

Interpreting the Constitution

• Attempted to keep the document as general as possible

• They left other matters open to interpretation

Interpreting the Constitution

• The Necessary & Proper Clause– Allows Congress to exercise powers not specifically

listed in the Constitution– Implied powers– Loose versus strict interpretation

• Court Decisions– Final authority for interpreting the Constitution

rests with the Supreme Court

Interpreting the Constitution

• Legislative & Presidential actions– Ex. Woodrow Wilson New Freedom programs– Ex. Presidential succession -> 25th Amendment

• Interpretation through custom– Ex. Political parties

TOPICLocation in the U.S.

ConstitutionLocation in the N.C.

Constitution

Preamble

Bill of Rights/Declaration of Rights

Legislative Branch

Executive Branch

Judicial Branch

Amendments

Marbury v. Madison (1803)

• Firmly established that the Supreme Court of the United States has the power to determine the constitutionality and validity of the acts of the other two branches of government

• First time the Supreme Court struck down an act of Congress as unconstitutional.

McCulloch v. Maryland (1819)

• This decision confirmed the legitimate right of Congress to utilize the implied powers clause in passing laws to carry out its delegated powers.

• It further declared and validated the supremacy of the people collectively represented by Congress over the powers of individual states.

Gibbons v. Ogden (1824)

• The Supreme Court affirmed Congress’s power to regulate interstate commerce, and held that by virtue of the Supremacy Clause, state laws “must yield” to constitutional acts of Congress.

State of NC v. Mann (1830)

• Decision of the state court:– The NC Supreme Court overruled the conviction of

the local jury on the grounds that slaves were the absolute property of their owners. Actions of the owners could not be punished by law unless the state legislature authorized such punishment. For which they did not.

• Effects of the decision:– The state reaffirmed that slaves were property.

The Leandro Case (1994)

• Eventually the matter was heard by the North Carolina Supreme Court. In 1997, the Supreme Court breathed new life in the case by finding that our state constitution guarantees “every child of this state an opportunity to receive a sound basic education in our public schools.”

• Definition of a Sound Basic Education– “(1) Sufficient ability to read, write and speak the English

language and sufficient knowledge of fundamental mathematics and physical science to enable the student to function in a complex and rapidly changing society;

– (2) sufficient fundamental knowledge of geography, history and basic economic and political systems to enable the student to make informed choices with regard to issues that affect the student personally or affect the student’s community, state, and nation;

– (3) sufficient academic and vocational skills to enable the student to successfully engage in post-secondary education or vocational training;

– (4) sufficient academic and vocational skills to enable the student to compete on an equal basis with others in further formal education or gainful employment in contemporary society.”

Leandro v. State , 346 N.C. 336, 347, 488 S.E.2d 249, 255 (1997)

Extend or Limit?

• Marbury v. Madison (1803)• McCulloch v. Maryland (1819)• Gibbons v. Ogden (1824)• State of NC v. Mann (1830)• Leandro

Do Now

• What is one right that you have that you would never want to give up? Why?

Bill of Rights

• Protects our civil liberties - > the freedoms we have to think and to act without government interference or fear of unfair treatment.

Bill of Rights

• 1st Amendment– R -> Religion– A-> Assembly– P -> Press– P -> Petition– S-> Speech

Bill of Rights

• 4th Amendment– Protects against unreasonable searches and

seizures

Bill of Rights

• 5th Amendment– Protects the rights of people accused of a crime• No one can be put on trial without an indictment• Protects from double jeopardy• Right to remain silent• Cannot be denied life. Liberty or property without due

process of law• Protects a citizen’s property rights

Bill of Rights

• 8th Amendment– Forbids excessive bail– Forbids excessive fines– Forbids cruel and unusual punishments

Bill of Rights

• 6th Amendment– Rights to speedy, fair trial• People accused of crime be told the exact nature of the

charges• Trial by jury• Trial must be speedy & public & jurors impartial• Hear & question witnesses; call witnesses• Lawyer provided

• For each case decide which amendment is violated.

• Decide what the ruling should be.

First Amendment

Engel v. Vitale, 1962

• Neither the prayer’s nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved religion.

Tinker V. Des Moines, 1969

• - The wearing of the armbands was part of freedom of speech. Although school officials have the right to prohibit certain actions, they fail to show how the protest would cause trouble and disturbance in the school setting

Bethel School District No. 403 v. Fraser, 1986

• The court found that it was appropriate for the school to prohibit the use of vulgar and offensive language.

Hazelwood School District v. Kuhlmeier,1988

• school newspapers are sponsored by the school and articles not directly reflecting the view of the school for “learning” purposes can be deleted from the paper.

Texas v Johnson,1989

• - The court found that the burning of the flag is protected under “expression” in the 1st amendment.

4th Amendment

Mapp v. Ohio, 1961

• - Materials obtained from a violation of the 4th Amendment is inadmissible in a state court

Search Warrant

New Jersey v. T.L.O, 1984

• The school official is allowed to search a student if he/she has reasonable suspicion that a crime has been committed or is in the act of being committed.

5th Amendment

Miranda V. Arizona, 1966

• -A person in police custody “or otherwise deprived of his freedom…must be warned prior to any questioning that he has the right to remain silent, and that anything he says can be used against him in the court of law..”

In Re Gault, 1967

• The Supreme court determined the proceedings of the Juvenile Court were unconstitutional due to violation of due process clause of the 14th amendment

Gideon V. Wainwright, 1963

- Gideon had the right to be represented by a court-appointed attorney. The right to an attorney was essential to a fair trial. Lawyers in criminal courts are necessities, not luxuries.

Furman V. Georgia-1972

• The Supreme Court held that the death penalty constituted cruel and unusual punishment and violated the Constitution and states must rethink their capital punishments laws .

Gregg V. Georgia-1976

• The Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances.

Do Now

• What Amendment would you propose to Congress? Why?

Civil War Amendments

• 13th Amendment– Prohibits slavery

• 14th Amendment– Defines citizenship

• 15th Amendment– African Americans can vote

Voting Amendments

• 15th Amendment• 19th Amendment– Women can vote

• 23rd Amendment– DC can vote for President & VP

• 24th Amendment– Poll taxes illegal

• 26th Amendment– 18 year old can vote

Presidential Amendments

• 22nd Amendment– Term limits for president

• 25th Amendment– Presidential succession

• Amendment• Propose• Ratify• Suffrage• judicial review• due process• Supremacy Clause• Establishment

Clause

• Constitutional• Unconstitutional• majority opinion• concurring

opinion• dissenting opinion• writ of certiorari• unanimous