You can force people to go to school; you can require them to study Civics

You can force people to go to school; you can require them to study Civics But you can’t make ‘em learn!! https://www.youtube.com/watch?v=WJlY9C7YWzI

Select Club (clarification) • Since 1950, about 75% of Supreme Court Justices have gone to Ivy League schools; all of the current Supreme Court justices went either to Yale or Harvard. • When the SCOTUS is deadlocked 4-4, the lower court decision generally stands.

“The Supreme Court Is Coming Apart” • What two fundamental problems does the author identify? • What solutions does he pose? • What do you think?

Tabletop discussion • How many clauses in the Constitution deal with or have implications for slavery? • What specific clauses does the article mention? • What was the 3/5 compromise and what did it say? • What was the practical result of the 3/5 compromise? • How is it tied to the Electoral College?

Increased slave state representation in the House • Meant 12 of the first 16 presidential elections, a Southern slave owner won. Why? • Made amending slavery provisions in the Constitution nearly impossible

James Madison: “the people at large” but there was “one difficulty…of a serious nature” • “The right of suffrage was much more diffusive in the Northern than in the Southern States, and the latter could have no influence in the election on the score of the Negroes”

Graded Discussion: suggested topics • What are the strengths of the Constitution? • What are its weaknesses? • Does the Constitution represent a radical departure from 18th Century society or does it merely protect the power of the already powerful? • If you were going to amend the Constitution, what amendments would you make?

The Bill of Rights 1st Amendment: • freedom of speech In 1965, 13-year old Mary Beth Tinker and her 15-year old brother John wore black armbands to school in Des Moines, Iowa. They wanted to show their mourning for people killed in the Vietnam War and their support for a truce at Christmas. Mary Beth, an eighth grade student at Harding Jr. High School was promptly suspended by her principal, who said no black armbands would be allowed.

The Bill of Rights 1st Amendment: • freedom of religion

The Bill of Rights 1st Amendment: • freedom of assembly Handbill advertising a rally of the Association of Carolina Klans

The Bill of Rights 1st Amendment: • freedom of petition

The Bill of Rights 2nd Amendment: • right to bear arms • https://vimeo.com/124075682

The Bill of Rights 3rd Amendment: • quartering of soldiers

The Bill of Rights 4th Amendment: • protection against unreasonable searches and seizures

TLO v. New Jersey • 1983 • Location: Piscataway High School • Facts of the Case • T.L.O. was a fourteen-year-old; she was accused of smoking in the girls' bathroom of her high school. A vice principal at the school questioned her and searched her purse, yielding a bag of marijuana and other drug paraphernalia. • Question • Did the search violate the Fourth Amendment?

The ruling • Court ruled 6-3 (overturned the NJ Supreme Court ruling) that the search of TLO’s bag was OK because the vice-principal had “reasonable suspicion” that TLO had cigarettes in her bag. While searching the bag, the VP saw rolling papers in plain view and then upon further inspection found a roll of $1 bills, a pipe, a small about of marijuana and index cards listing people who owed TLO money. TLO was convicted, fined $1000 and expelled from school.

Issues • Does “reasonable suspicion” = “probable cause?” • Should there be a different standard for schools to protect the environment of the school?

The Bill of Rights 5th Amendment: • right to indictment in federal court by a grand jury • What is a Grand Jury? Honolulu Weekly 9-11-02

The Bill of Rights 5th Amendment: • protection from “double jeopardy”

The Bill of Rights 5th Amendment: • protection fromself-incrimination

The Bill of Rights 5th Amendment: • no taking of private property for public use without compensation (eminent domain)

5th Amendment and Slavery • The Fifth Amendment came to used as a defense of slavery. How? What part of the 5th Amendment would apply?

The Bill of Rights 6th Amendment: • right to a speedy trial by jury

The Bill of Rights 6th Amendment: • …by an IMPARTIAL Jury

The Bill of Rights 6th Amendment: • right to anattorney Miranda v. Arizona (1966) Part I

The Bill of Rights 8th Amendment: • protection from cruel or unusual punishment

The incident In 1970 Principal Wright Removed Ingraham and several other disruptive students from their class, taking them to his office where he proceeded to paddle 8 out of 10 of them. Ingraham refused to get into position for the paddling and was held down by other teachers while Ingraham proceeded to get 20 blows from the principal. After, Ingraham’s mother took her son to the hospital for treatment for a hematoma

1977 SCOTUS ruled 5-4 that the Eighth Amendment was not applicable to corporal punishment in public schools. The majority held that the amendment applied only to those convicted of a crime.

The Bill of Rights 8th Amendment: • protection from excessive bail or fines

The Bill of Rights 9th Amendment: Just because a right is not listed in the constitution doesn’t mean that you do not have that right. You have more rights than are listed in the constitution.

The Bill of Rights 10th Amendment: The Tenth Amendment explicitly states the Constitution's principle of federalism by providing that powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the states and/or the people If the constitution doesn’t give it to the Feds, then it belongs to the states.

Constitution’s Six Underlying Principles • limited government: a government set up to have limited or restricted power over its people, often by constitutional limits • Republicanism: a belief in a republic as the best form of government, rejects monarchy and other forms of absolute power. Also stresses citizen participation and responsibility

Constitution’s Six Underlying Principles • checks and balances: principle of government under which separate branches are empowered to prevent actions by other branches (example?) • Federalism: the principle in which political power is shared by the national government and the various state or regional government. (Also extends down to local governments)

Constitution’s Six Underlying Principles • separation of powers: A fundamental principle of the United States government, whereby powers and responsibilities are divided among the legislative branch, executive branch, and judicial branch. • popular sovereignty: the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives (rule by the people), who are the source of all political power.

You can force people to go to school; you can require them to study Civics