How the National Government shapes our State & Local Government

1. How the National Government shapes our State & Local Government

2. 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.

3. 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

4. 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.

5. 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.

6. 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.

7. 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.

8. 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

9. 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.

10. The 3 Branches of the National Government

11. 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.

12. What are the responsibilities of each branch of Government?

13. National Government:The 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.

14. MS Government:The Legislative Branch • Headed by the Congress, which makes state laws. The Congress is made up of two parts. • State Representatives • State Senators

15. Our National Government:The 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.

16. National vs. MS Government:The 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 Vice President Joe Biden Lt. Governor Tate Reeves

17. National Government:The 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.

18. MS Government:The 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 O’Donnell, Alice Robie Resnick, Thomas J. Moyer (Chief Justice), and Francis E. Sweeney

19. Local Government National government and state government are two types of government, but there is also local governments.

20. 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.

21. 1stAmendmentfreedom of speech, assembly, religion and press

22. 2nd Amendment-right to bear arms

23. 4th Amendment- search and seizure

24. 5th Amendment Double jeopardy

25. 14th Amendment- Due Process of law African Americans in SF arrested at high rates, analysis finds

26. 13-15th Amendment (Civil War Amendments)13th Amendment abolished slavery14th Amendment due process of law15th Amendment freed slaves granted the right to vote

27. 15th Amendment—Race no bar to vote

28. 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.

29. 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.

30. 17th Amendment—Direct election of Senators 17th Amendment to the U.S. Constitution: Direct Election of U.S. Senators (1913)

31. 18th Amendment-Prohibition …stop the sale, manufacturing and transport of alcohol

32. 19th Amendment (1920) Women suffrage (Susan B. Anthony)

33. 19th Amendment---Voting Rights Amendment for Women

34. 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."

35. The Twenty-Third Amendment gave limited voting rights to the residents of Washington D.C.

36. 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.

37. 26th Amendment---18 year old citizens can vote

38. Voting Amendments to USA Constitution • 15th---Race to Bear no more • 17th—Direct 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

39. Plessy v. Ferguson 1896 • Plessy v. Ferguson (1896), is a landmarkUnited 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]

40. Plessey v Ferguson

41. 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

42. 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.

43. 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!

44. 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.

45. 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!!!!!

46. Mapp vs. Ohio • Brief Fact Summary. Police officers sought a bombing suspect and evidence of the bombing at the petitioner, Miss Mapp’s (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

47. 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).Synopsis 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

48. 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?

49. 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 action—in effect,

50. Engle vs. Vitale • the establishment of a religious code—by 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.