How the National Government shapes our State

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How the National Government
shapes our State Local Government
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Ms OBJECTIVE

• 1a Cite and analyze how the Constitution is a
  living document.
• 1b Analyze and evaluate the impact of
  presidential policies and congressional actions
  on domestic reforms.
• 1c. Explain and analyze the expansion of federal
  powers.

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At the end of this lesson, the students should
know

• The division of power in the United States
  government,
• The specific powers of each government branch,
• An explanation of federalism, and.
• An explanation of the Bill of Rights

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BELL PRACTICE 1

• The President is actively using his power when
  he
• A. makes a law for citizens to follow.
• B. orders the law to be implemented by the
  states.
• C. interprets a law through the court system.
• D. Requires the citizens to vote.

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Bell Practice 2

• Which statement reflects the function of the
  Executive Branch?
• A. The President makes laws that the citizens are
  encouraged to follow.
• B. The President reviews laws like a court system
  and rules if they are constitutional.
• C. The President sends in the National Guard to
  enforce desegregation in MS in 1962.
• D. The President adds Amendments to the U.S.
  Constitutional.

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Bell Practice 3

• The Legislative Branch is made up of two groups.
  Which statement reflects the make-up of Congress?
• A. It is made up of the Senate and the Supreme
  Court.
• B. The (50) Senators make up all of Congress.
• C. The 435 members of the House of
  Representative make up all of Congress.
• D. Congress makes laws through the Senate and the
  House of Representatives.

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Bell Practice 4

• The United States is centrally composed on the
  principle of federalism. Federalism can be
  illustrated in our government by
• A. the separation of powers between the 3
  branches of government
• B. Shared government powers between the federal
  (national) government and state governments.
• C. Shared government powers from the national
  level to state level to the local level.
• D. All of the above.

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Bell Practice 5

• The three branches of government operate within
  their jurisdiction. Which statement best
  describes how the legislative and executive
  branch may view jurisdiction?
• A. The state governor do not tell the President
  what to do.
• B. The President do not tell the state
  governments what to do.
• C. Both are correct
• D. None are correct

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3 branches of Government Federalism
Over 200 years ago, our Founding Fathers wrote
the Constitution. The Constitution is a basic
design for how our government should work. The
Constitution divides the government into the
following three branches the legislative,
executive, and judicial branches.
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The 3 Branches of the National Government
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Does this impact our State Government?

• Each state has its own constitution based on its
  unique history, needs, philosophy, and geography.
• Just like that of the national government, each
  state's constitution separates power between
  three branches -- legislative, judicial, and
  executive.

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What are the responsibilities of each branch of
Government?
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National GovernmentThe Legislative Branch

• The legislative branch makes laws for the nation.
  
• The main lawmaking body of this branch is known
  as Congress.
• Congress is made up of two parts, the House of
  Representatives
• and the Senate.

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MS GovernmentThe Legislative Branch

• Headed by the Congress, which makes state laws.

The Congress is made up of two parts.

• State Representatives

• State Senators

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Our National GovernmentThe Executive Branch

• The executive branch makes sure people follow the
  laws that
• the legislative branch makes.
• The leaders of this branch are the President and
  Vice-President.
• When making important decisions, the President
  often asks for
• advice from the Cabinet.
• The President lives at the White House in
  Washington, D.C.

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National vs. MS GovernmentThe Executive Branch

• MS Executive Branch is headed by the Governor,
  who carries out and enforces laws made by the
  Congress.

President Barrack Obama
Governor Phil Bryant
Lt. Governor Tate Reeves
Vice President Joe Biden
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National GovernmentThe Judicial Branch

• When people are unsure about the meaning of a
  law, the judicial
• branch listens to many opinions and makes a
  decision.
• The judicial branch is made up of courts.
• The highest of these courts is the U.S. Supreme
  Court.

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MS GovernmentThe Judicial Branch

• Headed by the MS Supreme Court, which interprets
  and applies the state laws.

The Supreme Court is made up of Six
Justices and One Chief Justice.
Maureen O'Connor, Paul E. Pfeifer, Evelyn
Lundberg Stratton, Terrence ODonnell, Alice
Robie Resnick, Thomas J. Moyer (Chief Justice),
and Francis E. Sweeney
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Local Government
National government and state government are two
types of government, but
there is also local governments.
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U.S. citizens can participate in their
government. This process insures that power will
always remain where it belongs -
with the people.
The most important right citizens have is the
right to vote. By voting, the people have a
voice in the government. The people decide who
will represent them in the government.
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1st Amendment?freedom of speech, assembly,
religion and press
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2nd Amendment-?right to bear arms
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4th Amendment-? search and seizure
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5th Amendment? Double jeopardy
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14th Amendment-? Due Process of law
African Americans in SF arrested at high rates,
analysis finds
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13-15th Amendment (Civil War Amendments)13th
Amendment abolished slavery14th Amendment? due
process of law15th Amendment? freed slaves
granted the right to vote
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15th AmendmentRace no bar to vote
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16th Amendment-?income taxes

• The Congress shall have power to lay and collect
  taxes on incomes, from whatever source derived,
  without apportionment among the several states,
  and without regard to any census or enumeration.

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16th Amendment-?The Congress shall have power to
lay and collect taxes on incomes, from whatever
source derived, without apportionment among the
several states, and without regard to any census
or enumeration.
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17th AmendmentDirect election of Senators
17th Amendment to the U.S. Constitution Direct
Election of U.S. Senators (1913)
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18th Amendment-?Prohibition stop the sale,
manufacturing and transport of alcohol
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19th Amendment (1920) Women suffrage (Susan B.
Anthony)
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19th Amendment---Voting Rights Amendment for Women
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21st Amendment---repealed the 18th
Amendment..alcohol is legal again!
Prohibition was known as "the noble experiment."
The phrase was coined by President Herbert
Hoover, who wrote to an Idaho senator in 1928
"Our country has deliberately undertaken a great
social and economic experiment, noble in motive
and far-reaching in purpose."
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The Twenty-Third Amendment gave limited voting
rights to the residents of Washington D.C.
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24th Amendment banned poll
The 24th Amendment Ended the Poll Tax January
23, 1964 Imagine that you are finally old enough
to vote in your first election. But, do you have
enough money? Money, to vote? Not long ago,
citizens in some states had to pay a fee to vote
in a national election. This fee was called a
poll tax. On January 23, 1964, the United States
ratified the 24th Amendment to the Constitution,
prohibiting any poll tax in elections for federal
officials.
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26th Amendment---18 year old citizens can vote
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Voting Amendments to USA Constitution

• 15th---Race to Bear no more
• 17thDirect Election of Senators
• 19th?Women Suffrage
• 23rd? DC gets the right to vote
• 24th-?ended poll taxes
• 26th-? lowered voting age from 21 to 18

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Plessy v. Ferguson 1896

• Plessy v. Ferguson (1896), is a landmark United
  States Supreme Court decision in the
  jurisprudence of the United States, upholding the
  constitutionality of state laws requiring racial
  segregation in public facilities under the
  doctrine of "separate but equal."1

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Plessey v Ferguson
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Closure practice
1. What court decision legalized abortion? A.
Brown v. the Board B. Baker v. Carr C. Roe
v. Wade D. Miranda v. Arizona
2. This Supreme Court case established the
Clear and present danger doctrine limiting 1st
Amendment rights after 16,000 letters were
written to drafted men urging them not to show up
for duty. What case was this? A. Plessy v.
Ferguson C. Scottsboro Case B. Miranda v.
Arizona D. Schenck v. United States
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Schenck vs USA

• The government can limited free speech
• When the speech places it in CLEAR
• And PRESENT DANGER. Charles Schenck
• Wrote 16,000 letters urging drafted men
• To not show up during World War I. This put
  American Forces in danger and he was arrested
  for espionage. He took his
• case to the Supreme Court and they ruled 1st
  Amendment speech could be limited.

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Dennis vs USA

• Dennis v. United States, 341 U.S. 494 (1951), was
  a United States Supreme Court case relating to
  Eugene Dennis, General Secretary of the Communist
  Party USA. The Court ruled that Dennis did not
  have the right under the First Amendment to the
  United States Constitution to exercise free
  speech, publication and assembly, if the exercise
  involved the creation of a plot to overthrow the
  government.
• FR FREE SPEECH
  LIMITED!

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Korematsu vs USA

• Internment camps were established
• after the bombing of Pearl Harbor. Japanese
• Americans were ordered to move into these camps.
  Fred
• Korematsu evaded the interment report to the
  camps and was
• Arrested. He appealed his case to the Supreme
  Court for violation of the 1st Amendment. Court
  upheld the decision
• because
  national security was at stake.

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Yates vs. USA

• Brief Fact Summary. Fourteen individuals were
  arrested, and later convicted by a trial court,
  for violation Smith Act. These individuals were
  accused of advocating, teaching and intending to
  overthrow the government.Synopsis of Rule of
  Law. Mere advocacy and teaching for the overthrow
  of the government is not enough to punish
  otherwise the otherwise protected liberty of free
  speech and free press. There must be something
  more than just belief, they must be urged to
  perform some action either now or in the future.
  SPEECH PROTECTED!!!!!

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Mapp vs. Ohio

• Brief Fact Summary. Police officers sought a
  bombing suspect and evidence of the bombing at
  the petitioner, Miss Mapps (the petitioner)
  house. After failing to gain entry on an initial
  visit, the officers returned with what purported
  to be a search warrant, forcibly entered the
  residence, and conducted a search in which
  obscene materials were discovered. The petitioner
  was tried and convicted for these
  materials.Synopsis of Rule of Law. All evidence
  discovered as a result of a search and seizure
  conducted in violation of the Fourth Amendment of
  the United States Constitution (Constitution)
  shall be inadmissible in State court proceedings

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Bakke vs, Univ of CA

• Brief Fact Summary. The Respondent, Bakke
  (Respondent), a white applicant to the University
  of California, Davis Medical School, sued the
  University, alleging his denial of admission on
  racial grounds was a violation of the Equal
  Protection Clause of the Fourteenth Amendment of
  the United States Constitution (Constitution).Sy
  nopsis of Rule of Law. Although race may be a
  factor in determining admission to public
  educational institutions, it may not be a sole
  determining factor

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Gideon Vs. Wainwright

• Facts of the Case 
• Gideon was charged in a Florida state court with
  a felony for breaking and entering. He lacked
  funds and was unable to hire a lawyer to prepare
  his defense. When he requested the court to
  appoint an attorney for him, the court refused,
  stating that it was only obligated to appoint
  counsel to indigent defendants in capital cases.
  Gideon defended himself in the trial he was
  convicted by a jury and the court sentenced him
  to five years in a state prison.
• Question ?Did the state court's failure to
  appoint counsel for Gideon violate his right to a
  fair trial and due process of law as protected by
  the Sixth and Fourteenth Amendments?

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Engle vs. Vitale

• Almighty God, we acknowledge our dependence upon
  Thee, and we beg Thy blessings upon us, our
  parents, our teachers and our Country.
• Prayer adopted by NY school district and was read
  in public schools
• Constitutional Issues
• The question before the Court involved the
  Establishment Clause of the 1st Amendment. Did
  the Regents of New York violate the religious
  freedom of students by providing time during the
  school day for this particular prayer? Did the
  prayer itself represent an unconstitutional
  actionin effect,

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Engle vs. Vitale

• the establishment of a religious codeby a public
  agency? Did the Establishment Clause of the 1st
  Amendment prevent schools from engaging in
  religious activity? Was the wall of
  separation between church and state breached in
  this case?
• Arguments
• For Engel (the parents) The separation of church
  and state requires that government stay out of
  the business of prescribing religious activities
  of any kind. The Regents' prayer quite simply and
  clearly violated the 1st Amendment and should,
  therefore, be barred from the schools.

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Roe v. Wade

• The Roe v. Wade 1973 historic Supreme Court
  decision legalized abortion, on a federal level,
  in the U.S. At the time, abortion was regulated
  by individual states. Roe v. Wade was, and
  continues to be, the most influential court case
  that affects laws pertaining to abortion. This
  Supreme Court landmark case is one of the most
  controversial court cases of all time.
• Pro-life vs ProChoice

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New Jersey vs. TLO

• The Supreme Court has a long history of upholding
  citizens' protections against unreasonable
  searches and seizuresa right guaranteed by the
  4th Amendment. In Weeks v. United States, 1914,
  the Court ruled that evidence obtained by police
  illegally is not admissible in federal courta
  practice known as the exclusionary rule. The
  Court decided that such evidence is also
  inadmissible in State courts in Mapp v. Ohio,
  1961.

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Texas vs. Johnson

• During the burning of the flag, demonstrators
  shouted such phrases as, "America, the red,
  white, and blue, we spit on you, you stand for
  plunder, you will go under," and, "Reagan,
  Mondale, which will it be? Either one means World
  War III."

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Texas Vs. Johnson

• Texas v. Johnson, 491 U.S. 397 (1989), was an
  important decision by the Supreme Court of the
  United States that invalidated prohibitions on
  desecrating the American flag enforced in 48 of
  the 50 states. Justice William Brennan wrote for
  a five-justice majority in holding that the
  defendant Gregory Lee Johnson's act of flag
  burning was protected speech under the First
  Amendment to the United States Constitution.

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Tinker vs. Des Moines

• Case Summary
• In 1965, John Tinker, his sister Mary Beth, and a
  friend were sent home from school for wearing
  black armbands to protest the Vietnam War. The
  school had established a policy permitting
  students to wear several political symbols, but
  had excluded the wearing of armbands protesting
  the Vietnam War. Their fathers sued, but the
  District Court ruled that the school had not
  violated the Constitution. The Court of Appeals
  agreed with the lower court, and the Tinkers
  appealed to the Supreme Court.

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Brown vs. Board of Education 1954

• Brown v. Board of Education, 347 U.S. 483 (1954),
  was a landmark United States Supreme Court case
  in which the Court declared state laws
  establishing separate public schools for black
  and white students unconstitutional. The decision
  overturned the Plessy v. Ferguson decision of
  1896 which allowed state-sponsored segregation.
  Handed down on May 17, 1954, the Warren Court's
  unanimous (90) decision stated that "separate
  educational facilities are inherently unequal."
  As a result, de jure racial segregation was ruled
  a violation of the Equal Protection Clause of the
  Fourteenth Amendment of the United States
  Constitution. This ruling paved the way for
  integration and was a major victory of the civil
  rights movement.1

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Elizabeth Eckford and Little Rock 9 (1957)
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James Meredith and Ole Miss 1962
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Closure

• 3. What was the common purpose of the amendments
  that were added to the US Constitution between
  1865-1870?
• Expanding the right to vote for southern women
• Reforming the sharecropper system
• Granting rights to African Americans
• Protecting rights of Southerners who were accused
  of treason
• Why did the framers of the U.S. Constitution
  establish 3 branches of government?
• They wanted the states to have more power than
  the federal govt
• b. They wanted widespread control of the economy
• c. They believed the government had to be large
  to effectively run the nation.
• d. They wished to limit the power of the other
  branches.

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Closure

• 7. Which was NOT an element of the U.S.
  Constitution?
• A. the federal government has three branches.
• B. There is a system of checks and balances.
• C. All delegates had to sign the Constitution.
• D. The legislature is composed of two houses.