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The Principles of the United States Constitution

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Title: The Principles of the United States Constitution


1
The Principles of the United States
Constitution
CE.2A1
Text chapters refer to Holt, Rinehart,
Winstons CIVICS AND ECONOMICS
Somewhere Out There 4
(click)
2
POLITICAL PRINCIPLES
CE.2A2
  • Rule of Law all are bound by law
  • Separation of Church and State - limited
    government (govt. is not all powerful people
    place limits on it)
  • Consent of the Governed People are the source
    of all governmental power
  • Bill of Rights
  • Federalism
  • Checks and Balances

Chapters 12
3
Types of Government
CE.2A3
  1. Anarchy - no government
  2. Monarchy - rule by one person (king usually)
  3. Oligarchy - rule by a few people (royal family,
    etc.)
  4. Democracy - rule by people (Athens, Greece)
  5. Republic - rule by representatives (Rome)
  6. Dictatorship - rule by one person with absolute
    power (Hitler, Stalin, Saddam Hussein, etc.)

Chapters 1 2
4
Popular Sovereignty
CE.2A4
  • The people hold the ultimate authority
  • A representative democracy lets the people elect
    leaders to make decisions for them.
  • John Warner, George Allen, and Virgil Goode are
    our elected officials in Congress

Chapters 1 2
5
Limited Government
CE.2A5
  • Framers wanted to guard against tyranny
  • Government is limited to the power given it in
    the Constitution.
  • The Constitution tells how leaders who overstep
    their power can be removed

Chapters 1 2
Thunder Rolls 6
6
Federalism
CE.2A6
  • The division of power between State and National
    Governments
  • Some powers are shared
  • The National Government has the supreme power

Chapters 1 2
7
INFLUENCES ON CONSTITUTION
CE.2B1
  • Charters of the VA Company of London
  • Rights of Englishmen guaranteed to colonists
  • Virginia Declaration of Rights
  • Model for Bill of Rights Constitution
  • Declaration of Independence
  • Stated grievances against king
  • Declared independence
  • Affirmed unalienable rights (life, liberty,
    pursuit of happiness)
  • All people are Equal under the law

Chapter 2
8
The Charters of the Virginia Company of London
King James I gave a charter to the Virginia
Company of London.
April 10, 1606
Borrowed from Internet
9
Purpose of the Charters
  • They authorized the Virginia Company to start a
    colony.
  • They allowed for a representative government.
  • They gave the colonists the same rights as
    Englishmen.

10
The Virginia Declaration of Rights

Written By George Mason
June 12, 1776
11
The Declaration of Rights
  • This was an introduction to the Virginia
    Constitution
  • George Mason believed all Virginians should have
    certain rights.

All Through the Night 6
12
Virginia Declaration of Rights
  • Freedom of Religion
  • Right to a fair trial
  • Freedom of the press

13
Thomas Jefferson used the Virginia Declaration of
Rights as a basis for the first 10 amendments to
the United States Constitution.
This was a giant step toward freedom and
Democracy.
14
Virginia Statute for Religious Freedom
Written by Thomas Jefferson
15
Reasons for Statute
  • Colonial Virginians attended the Church of
    England
  • As Virginia grew, many people came to live in
    the state who were not of English ancestry.
  • Should the new state continue to support a state
    church?
  • Jefferson argued that religious beliefs should
    be solely matters of individual conscience and
    immune from any interference by the state.

1786
16
What did the Virginia Statute for Religious
Freedom do?
  • Separated church and state
  • Established religious freedom

17
The Basis for the First 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 press or the right of people
peaceably to assemble, and to petition the
Government for a redress of grievances.
Coming to America 4
18
The Declaration of Independence
Written by Thomas Jefferson
July 4, 1776
19
The Declaration of Independence as it appeared in
the Pennsylvania Packet July 8, 1776
20
Reason for Declaration
The Declaration of Independence explained to the
world why the colonies should break away from
England.
  • FOR EXAMPLE
  • Taxation without
  • Representation
  • Refusal to pass laws needed
  • by colonies
  • Forced to quarter soldiers in
  • homes

21
We hold these truths to be self-evident
22
INFLUENCES ON CONSTITUTION
CE.2B2
  • Articles of Confederation
  • Established the first govt very weak
  • Power with states
  • Weaknesses No President or court system no
    power to tax or enforce laws led to Constitution
  • Virginia Statute for Religious Freedom
  • Freedom of religion
  • U.S. Constitution Bill of Rights
  • Set up structure of U.S. Government
  • Equality under the law majority rule with rights
    of minority protected
  • Affirms individual worth and dignity
  • Protects freedoms religion, speech, press,
    assembly, and petition

Chapter 2
Dont Cry for Me Argentina 1
23
PREAMBLE TO CONSTITUTION
CE.2C
  • WE THE PEOPLE in order to

Form a more perfect union
Establish justice
Preamble (click)
Insure domestic tranquility
Provide for the common defense
Promote the general welfare and
Secure the blessings of Liberty to ourselves and
our posterity
Chapter 4.1
24
Do ordain and establish this Constitution for the
United States of America.
Washingtons
13 Stars
Bennington 1776
Betsy Ross
Bunker Hill
Continental Navy
Grand Union
15 Stars
Grand Star
20 Stars
28 Stars (Mexican War)
34 Stars (Civil War)
Alamo
1st CSA
Bonnie Blue
2nd CSA
48 Stars (WWII)
46 Stars (1912)
Guam
49 Stars
Virgin Islands
Puerto Rico
50 Stars
Midway
Wake I.
25
CIVICS TEST 1
  • SOL CE.2

26
HOW TO BECOME A CITIZEN
CE.3A1
  • Established by the 14th Amendment all persons
    born or naturalized in the U.S.
  • Birth
  • Naturalization
  • Naturalization led to a very diverse society
  • A person must demonstrate knowledge of American
    history and principles and the ability to speak
    and write English Take Citizenship Test

Chapter 1.2
27
NATURALIZATION PROCESS
CE.3A2
  • File an application. The application asks for
    biographical information about the person. The
    person has his or her fingerprints taken, and
    provides photographs and legal documents.
  • Take a naturalization examination. The
    examination tests the applicants knowledge of
    U.S. government and history. The applicant must
    also pass an English test.
  • Appear for a court hearing. The applicant appears
    before a judge and asks to become a U.S. citizen.
    The judge will listen to the applicants reasons
    and will decide on naturalization.

Chapter 1.2
28
NATURALIZATION REQUIREMENTS
CE.3A3
  • To become a citizen, or to be naturalized, a
    person must meet certain requirements
  • Be at least 18 years old
  • Have lived in the U.S. for at least 5 years
  • Be of good moral character and loyal to the U.S.
  • Be able to read, write, speak and understand
    basic English
  • Have basic knowledge and understanding of the
    history, government structure and the
    Constitution of the U.S.
  • Be willing to take an oath of allegiance to the
    U.S.

Chapter 1.2
29
1ST AMENDMENT FREEDOMS
CE.3B1
  • Religion Congress may not interfere
  • Speech People are free to express their
    feelings
  • Press Press has right to publish criticism of
    govt.
  • Assembly People may peacefully gather
  • Petition People may petition the govt. to
    change things

14th AMENDMENT
  • Extends due process to actions of states

Chapter 4.1
30
The Bill of Rights
  • The first 10 amendments
  • To the U. S. Constitution

31
Who determines what the Bill of Rights mean?
  • The Supreme Court makes rulings on the meaning
  • The Supreme Court balances the rights of the
    individual with the needs of society

Individual??
Society??
Every Breath I Take 27
32
The first amendment5 rights mentioned
  • Freedom of Speech
  • Freedom of Religion
  • Freedom of the Press
  • Freedom of Assembly
  • Right to petition the government

33
Freedom of Religion
  • Congress shall make no law respecting an
    establishment of religion or prohibiting the free
    exercise there of
  • Two clauses
  • Establishment clause
  • Free Exercise clause

34
Establishment and free exercise clause often
conflict with each other
  • In schools, the religion issue is most prevalent
  • If a student raises his hand and says teacher,
    can we say an opening prayer before this test
  • If the teacher says
  • Yes, It looks like establishment of religion
  • No, It is denying a student free exercise.

35
Establishment ClauseGovernment cannot promote
religion
36
Establishment clause-Government Cans Cannot
  • Teach about religions in school
  • Allow voluntary prayer in many examples
  • Transport students to a religious school
  • Read Bible for culture or literacy content
  • Set a state religion
  • Government cannot order a prayer
  • Teach religious doctrine in the school
  • Pay seminary teachers
  • Teach creationism

37
Free exercise of religion
38
Free ExerciseThe person Can Cannot
  • Choose whatever religion
  • Lead a prayer in most examples
  • Ask questions about religions
  • Worship whoever he wants
  • Break the law and claim it is religious belief
  • Raise children without education
  • Deprive children of basic needs

39
Freedom of speech
  • Congress shall make no laws . . . abridging the
    freedom of speech

40
Free speech The individual can
  • Say any political belief
  • Protest (without getting out of control)
  • Say things about someone that are true
  • Burn the flag
  • Say racist and hate slogans
  • Free speech means someone might say something you
    disagree with

41
Free speechlimits on the person
  • Threaten to blow up airplanes, schools or the
    president
  • Sexual harassment
  • Create too much social chaos
  • Extremely crude language in a public form
  • Disrespectful, vulgar language in schools
  • Hate crimes

42
Freedom of the press
  • Congress shall make no law . . . abridging . . .
    the freedom of the press.

43
Freedom of the press-the press Can Cannot
  • Print any political position
  • Make fun of people, especially politicians
  • Expose wrongs by the government
  • Say things you might not agree with
  • Libel intentionally injuring a persons
    reputation by false facts
  • Disclose defense-security secrets
  • Detail how to make a certain weapons

44
Freedom of Assembly
  • Congress shall make no law . . . Abridging . . .
    The people to peaceably assemble

45
Freedom of Assembly--Individual Can Cannot
  • Protest
  • Parade (with a permit)
  • Parade chanting hate slogans
  • Gang members can congregate in public
  • Protest by throwing rocks and breaking windows
  • Hang out on private land against owners
    willloitering
  • Ignore teen curfew

46
Petition the Government
  • Congress shall make no law . . . Abridging . . .
    the people. . . to petition the government for a
    redress of grievances

47
Petition the government
  • You may sue the government for wrongs
  • You cannot be punished for exposing wrongs by the
    government
  • The courts decide the wrongs

48
2nd AmendmentRight to bear arms
  • A well-regulated militia, being necessary to the
    security of a free state, the right of the people
    to bear arms shall not be infringed.

49
What is the debate with the right to bear arms?
  • How much can the government keep guns from
    criminals and youth?
  • In order to keep guns away from criminals, does
    that limit the right of law abiding citizens?

50
Gun debate continued
  • Thousands of people die every year because of
    guns
  • Thousands of crimes are prevented because of guns

Shoes representing gun deaths.
51
Third Amendment
  • The Government cannot force you to shelter
    soldiers in your home without your consent in
    time of war or peace.

52
Rights of the Accused Amendments 4-8 Important
to preserve freedom
53
Fourth Amendment
  • What does a policeman need in order to search
    your home?
  • A warrant given to him by a judge
  • Probable cause is also needed

54
Fifth Amendment
  • You cannot be tried for the same crime
    twicecalled Double Jeopardy
  • You do not have to testify against your self. I
    plead the fifth
  • You must have due process of law before you are
    convicted
  • The government cannot take your land unless it
    pays.

55
Sixth Amendment
  • Right to speedy trial by impartial jurymeaning
    not favoring either side

56
Sixth Amendment continued
  • You must be told of charges
  • You must be provided a lawyer if you cannot
    afford one

57
Eighth Amendment
  • No excessive bail
  • No cruel and unusual punishment

Prisoner kissing his Mom in prison
58
DUTIES OF RESPONSIBLE CITIZENS
CE.3C
  • Obey laws
  • Pay taxes
  • Serve in the armed forces if called
  • Serve on a jury or as a witness in court

Citizens who choose not to do these face legal
consequences
Chapter 4.3
Walk Like an Egyptian 5
59
RESPONSIBILITIES OF CITIZENS
CE.3D
  • Register and vote
  • Hold elective office
  • Influence govt. by communicating with govt.
    officials
  • Serve in voluntary or appointed positions
  • Participate in political campaigns
  • Keep informed regarding current issues
  • Respect others rights to an equal voice in govt.

These are voluntary!
Chapter 4.3
60
WAYS CITIZENS PARTICIPATE
CE.3E
  • Volunteer to support democratic institutions
  • Express concern about the welfare of the
    community (e.g. environment, safety, etc.)
  • Help to make the community a good place to work
    live (e.g. tutoring, involved with public
    service, volunteering in nursing homes, etc.)

Chapter 15.3
61
TRAITS OF GOOD CITIZENS
CE.4A,B,C,D,E
  • Trustworthy
  • Honest
  • Courteous (respect for others)
  • Responsibility, accountability, and self-reliance
  • Respect for the law (rules)
  • Patriotism

Thank you!
Chapter 1.2
62
Test 2 Civics SOLs CE.3 CE.4
63
FUNCTIONS OF POLITICAL PARTIES
CE.5A
  • Recruiting and nominating candidates
  • Educating the electorate about campaign issues
  • Helping candidates win elections
  • Monitoring actions of officeholders

Chapter 10.1, 10.2, 10.3
Thats the Way I Like It 4
64
POLITICAL PARTIES
CE.5B
  • Similarities
  • Organize to win elections
  • Influence public policies
  • Reflect both liberal and conservative views
  • Define themselves in a way to win majority
    support by appealing to the political center
  • Differences
  • Stated in party platforms
  • Reflected in campaigning
  • Third Parties
  • Introduce new ideas or press for an issue
  • Often revolve around a political personality
    (e.g. Teddy Roosevelt Bull Moose Party)

Chapter 10.1
65
EVALUATING CAMPAIGN MATERIALS
CE.5C
  • Separate fact from opinion
  • Detect bias
  • Evaluate sources
  • Identify propaganda

Chapter 11.1
MASS MEDIA ROLES IN ELECTIONS
  • Identifying candidates
  • Emphasizing selected issues
  • Writing editorials, creating political cartoons,
    publishing op-ed pieces
  • Broadcasting different points of view

66
RISING CAMPAIGN COSTS
CE.5D
  • Extensive fund-raising activities
  • Limit chance to run for public office
  • Gives an advantage to the wealthy
  • Encourages Political Action Committees (PACs)
  • Gives issue-oriented special interest groups more
    influence

Chapter 10.4
CAMPAIGN FINANCE REFORM
  • Efforts to reform campaign finance laws
  • Limits exist on amount people may contribute

67
VOTING IN VA
CE.5E
  • Qualifications to register to vote in VA
  • Citizen of the U.S.
  • Resident of VA and precinct
  • 18 years of age by the day of election
  • How to Register
  • In person at registrars office, at DMV, or other
    site
  • By mail application (computer?)
  • Registration is closed 29 days before an election
  • Who votes
  • Education is a factor
  • Age is a factor
  • Income is a factor
  • Why citizens fail to vote
  • Lack of interest (Every vote is important!!!
    More people vote in national elections than in
    state and local elections.)
  • Not registered (Must be registered to vote!!!)

Chapter 8.1
Suddenly Seymour 12
68
ELECTORAL COLLEGE PROCESS
CE.5F
  • Electors for each state are chosen by popular
    vote (political parties)
  • Electors meet to vote for Pres. Vice Pres.
  • Winner-take-all system leads to candidates
    targeting large states (CA, NY, TX, etc.)
  • Number of electors is determined by number of
    Congressmen (senators representatives)
  • Requirements for a majority of electoral votes
    favors a two-party system of govt.

2 SENATORS ? REPRESENTATIVES ELECTORS
Chapter 3.2?
69
CIVICS TEST 3
  • SOLS CE.5A-5F

70
DIVISION OF POWERS
CE.6A
  • Federal system of government national govt. is
    supreme
  • Powers are enumerated/expressed or implied in the
    Constitution
  • Powers are reserved to the states if not
    expressed
  • Some powers are denied to both federal and state
    governments
  • Local government powers are derived from the
    state
  • Responsibilities of each level
  • National conducts foreign policy, regulates
    commerce
  • State promotes public health, safety, and
    welfare

Chapter 8.1
71
Separation of Powers
3 Ring Circus (click)
CE.6A
  • No one holds too much power
  • Legislative branch makes the laws
  • Executive branch carries out the laws
  • Legislative branch interprets the laws

Chapter 3.2
72
BRANCHES OF GOVERNMENT
CE.6B1
Chapter 3.2
BRANCH Local Government Virginia Government National Government
Legislative Makes ordinances for community approves annual budget power limited to that delegated by the state Makes laws for VA approves annual budget exercises power under the 10th amendment Makes laws for nation approves annual budget approves presidential appointments
Executive Elected or appointed by the Board of Supervisors or City Council city or county managers hired by local legislatures Executes laws of VA prepares biennial budget for General Assembly appoints cabinet officers and boards administers state bureaucracy grants pardons Executes law of the land prepares annual budget for congressional action appoints cabinet officers, ambassadors, and federal judges administers federal bureaucracy
Judicial Cases heard by local courts under the authority provided by state legislation Supreme Court has power of judicial review over state laws Circuit courts try civil and criminal cases Supreme Court has power of judicial review Federal courts try cases involving federal law and U.S. Constitutional questions
73
BRANCHES OF GOVERNMENT PICTURE
CE.6B2
Chapter 3.2
74
Checks and Balances
Chapter 3.2
CE.6C1
  • Prevents the abuse of power in government
  • Each branch can check each other branch

75
CHECKS BALANCES
CE.6C2
  • Legislative Powers over
  • Executive Branch
  • Overrides vetoes
  • Impeaches President
  • Judicial Branch
  • Approves federal judges
  • Impeaches federal judges
  • Executive Powers over
  • Legislative Branch
  • Vetoes acts of Congress
  • Call Congress into special session
  • Judicial Branch
  • Appoints federal judges
  • Judicial Powers over
  • Legislative Branch
  • Declares laws unconstitutional
  • Executive Branch
  • Declares executive acts unconstitutional

Chapter 3.2
76
Legislative Checks
CE.6C3
  • Override presidents veto
  • Ratify treaties
  • Confirm executive appointments
  • Impeach federal officers and judges
  • Create and dissolve lower federal courts

Chapter 3.2
77
Executive Checks
CE.6C4
  • Propose laws to Congress
  • Veto laws made by Congress
  • Negotiate foreign treaties
  • Appoint federal judges
  • Grant pardons to federal offenders

Chapter 3.2
78
Judicial Checks
CE6C5
  • Declare executive acts unconstitutional
  • Declare laws unconstitutional
  • Declare acts of Congress unconstitutional
  • The Supreme Court holds the final check

Chapter 3.2
79
AMENDING THE CONSTITUTION
CE.6D
  • Process for amending the Constitution
  • Action by Congress or convention
  • Ratification by states
  • Amendment process is complex 27 amendments have
    been added
  • Ways to change constitutional interpretation
  • Court decision
  • Congressional action
  • Presidential action
  • Custom
  • Most changes to interpretation are informal!

Suspicious Minds 9
Chapter 3.3
80
CIVICS TEST 4
  • SOLS CE.6A-6D

81
THE GREAT COMPROMISE
Chapter 2.3
CE.7A1
VIRGINIA PLAN A Congress with representation
based on population. NEW JERSEY PLAN A Congress
with representation based on equal votes for each
state.
CONGRESS
82
HOW LAWS ARE MADE
CE.7A1
  • Bicameral legislatures (U.S. VA)
  • Legislative Powers
  • Expressed (listed in Constitution)
  • Implied (used to carry out expressed)
  • Process
  • Committees
  • Debate on floor
  • Voting
  • Signing bill into law (bill is proposed law)
  • Elected officials write laws and take action in
    response to problems or issues
  • Individuals and interest groups help shape
    legislation

Im Just a Bill (click)
Chapter 5.4
83
Legislative Branch
Chapter 5
CE.7A2
SENATOR GEORGE ALLEN
SENATOR JOHN WARNER
  • Senate and House of Representatives
  • Make our laws
  • Appropriate Money
  • Regulate Immigration
  • Establish Post Offices and Roads
  • Regulate Interstate Commerce and Transportation
  • Declare War

5TH DISTRICT
5TH DISTRICT REPRESENTATIVE VIRGIL GOODE
84
Executive Branch
CE.7B1
Chapter 6
  • The President of the United States
  • Chief Executive
  • Chief of State
  • Chief Legislator
  • Commander in Chief

85
EXECUTIVE BRANCH
CE.7B2
  • Powers are defined in national and state
    constitutions
  • Carries out the laws
  • Ways executive influences policy making
  • Proposes laws (State of the Commonwealth or State
    of the Union Address)
  • Appealing directly to the people
  • Approving or vetoing legislation
  • Appointing officials who carry out the laws
  • Cabinet departments, agencies, and regulatory
    groups interpret and carry out the laws

Chapter 6
86
WAYS MEDIA SETS PUBLIC AGENDA
CE.7C
  • Focusing public attention on issues
  • Offering a forum in which opposing viewpoints are
    communicated
  • Holding government officials accountable to the
    public
  • Government officials use media to communicate
    with the public.

Chapter 11.1
87
INFLUENCES ON PUBLIC POLICY
CE.7D
  • Individuals
  • Participating in politics (voting, campaigning)
  • Expressing opinions (lobbying, demonstrating,
    writing letters)
  • Joining interest groups
  • Interest Groups
  • Identifying issues
  • Making political contributions
  • Lobbying government officials

Chapter 11.1 11.2
88
CIVICS TEST 5
  • SOLS CE.7A-7B

89
Judicial Branch
Chapter 7
CE.8A
  • Supreme Court and other Federal Courts
  • Preserve and protect the rights guaranteed by the
    Constitution
  • Considers cases involving national laws
  • Declares laws and acts unconstitutional

Jailhouse Rock 5
90
VIRGINIA COURT SYSTEM
CE.8A
Chapter 8.4
Virginia Supreme Court (Justices / no Jury) Court of final appeal (Appellate jurisdiction) Limited original jurisdiction
Court of Appeals of VA (Judges / no Jury) Appellate jurisdiction
Circuit Court (Judge and Jury) Original jurisdiction for criminal cases civil cases over 1,000 Appellate jurisdiction
General District Court (Judge) Original jurisdiction of misdemeanors Civil cases less than 1,000 Juvenile and Domestic Relations Court (Judge, No Jury) Juvenile and family cases Magistrates issue search warrants, subpoenas, arrest warrants, and summons and set bail.
91
UNITED STATES COURT SYSTEM
CE.8A
U.S. Supreme Court (Justices / No Jury) Jurisdiction Appellate Limited Original
U.S. Court of Appeals (Justices / No Jury) Jurisdiction Appellate
U.S. District Court (Judge with Jury) Jurisdiction Original
The U.S. has a separate court system whose organization and jurisdiction are derived from the Constitution.
Chapter 7
92
JUDICIAL REVIEW
CE.8B
  • The Supreme Courts of VA and the United States
    determine the constitutionality of laws and acts
    of the executive branch of government.
  • Marbury v. Madison established the principle of
    judicial review at the national level.
  • The Constitution of the United States is the
    supreme law of the land.
  • State laws must conform to the VA and U.S.
    Constitutions.

Chapter 7.3
93
CRIMINAL LAW
CE.8C
  • In a criminal case, a court determines whether a
    person accused of breaking the law is guilty or
    not guilty of a misdemeanor or a felony.
  • Criminal procedure in felony cases
  • Person may be arrested if there is probable cause
  • Accused may be jailed or released on bail
  • Arraignment where probable cause is reviewed, the
    defendant may have an attorney, and a plea is
    entered
  • Court date is set and a trial is conducted
  • A guilty verdict may be appealed to the Court of
    Appeals or directly to the Supreme Court in a
    capital case.

Chapter 7.1 7.2
94
Procedure for civil cases
CE.8C
  • Plaintiff files a complaint to recover damages or
    receive compensation.
  • Case can be hard by judge or jury.
  • Case can be appealed the Court of Appeals and the
    VA Supreme Court
  • Procedure for cases involving juveniles
  • Judges have greater say in handling juvenile
    cases.
  • Juveniles who commit serious crimes can be tried
    as adults.

Chapters 7.2 8.4
Morning Has Broken 2
95
DUE PROCESS OF LAW
CE.8D
  • Due process of law is the constitutional
    protection against unfair governmental actions
    and laws.
  • Amendment 5 keeps national govt. from acting
    in an unfair manner.
  • Amendment 14 prohibits state and local
    governments from acting in an unfair manner.
  • The Supreme Court has extended the due process
    clauses to protect the guarantees of the Bill of
    Rights.

Chapter 7.1
96
CIVICS TEST 6
  • SOLS CE.8A-8D
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