260 likes | 486 Views
Wrapping up the Constitution!. Please have out “federalism” homework…. Federalism: http://www.youtube.com/watch?v=tlt6R1KD4E0. Amendment Process:. Ratifying the Constitution. RATIFICATION- official approval. Sept. 1787- submitted to conventions in each state Why not state legislatures?
E N D
Wrapping up the Constitution! • Please have out “federalism” homework…
RATIFICATION- official approval • Sept. 1787- submitted to conventions in each state • Why not state legislatures? • 9 out of 13 must ratify "Fame" Announces Ratification of Constitution
The Debate begins • FEDERALISTS • Support ratifying the Constitution • ANTIFEDERALISTS- • Oppose ratifying the Constitution
Feds… Anti-Feds… Sam Adams Washington Hancock Madison Patrick Henry Hamilton R. H. Lee
A of C too weak Stronger nationalgov. is needed safeguards are in place (federalism, checks..) Fear “people” New National gov. too strong States’ power, individual liberties are threatened President too powerful Fear “government” Federalists vs. Anti-Federalists
The Federalist Papers • 85 essays by Hamilton, Madison, Jay published in papers to gain support for ratification • Explain political theory behind Constitution
Why Federalists win out • Articles unpopular; Shay’s Rebellion • Anti-Feds- provide no option • Feds- nationally organized • “Star Power”- George Washington • Assumed he will be first president; people trust him with power
*****Need for a Bill of Rights • Anti-Federalists demand “Bill of Rights” • Want basic freedoms spelled out • Arguments: • Against: no need for it; checks and balances are there • For: gov. needs to be restrained; fear of tyranny
Ratification • Federalists promise Bill of Rights to assure ratification • Summer 1788- NY and VA ratify • New government forms in 1789
Adding the Bill of Rights • Bill of Rights- assure basic freedoms • 1st 10 amendments • Ratified 1791 • Amend- “change” the Constitution
1st amendment http://www.washingtontimes.com/news/2011/mar/2/supreme-court-oks-church-protest-military-funerals/?page=all • Freedom of speech, religion, press, assembly, petition
Second Amendment • Right to bear arms http://www.wjla.com/news/stories/1107/474241.html&h=240&w=320&sz=22&hl=en&start=12&um=1&tbnid=ORKv3YpTLdIwTM:&tbnh=89&tbnw=118&prev=
Fourth Amendment http://www.boston.com/news/local/articles/2007/11/17/police_to_search_for_guns_in_homes/ • No unreasonable search and seizure www.slate.com/id/2143983/
Fifth Amendment • Gov’t needs an indictment of a Grand Jury- • 12 to 23 citizens who decide if there is enough evidence to go to trial • Double Jeopardy- Accused may not be tried twice for same crime • Accused does not have to testify • “pleading the fifth” • Due process- same fair rules in all cases • Eminent domain- Gov’t can take your property, but must pay you http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html
Sixth Amendment • Right to a JURY trial in criminal cases • Right to a lawyer to defend you
Eighth Amendment • Judges cannot • Order excessive bail • Impose cruel and unusual punishment Cruel and unusual?
Ninth Amendment • Government can’t claim that these are your ONLY rights • Part of Roe v. Wade • Woman’s right to “privacy”
10th Amendment • Any powers not specifically mentioned in the Constitution are delegated to the states • “FEDERALISM” • Medical marijuana in California… http://www.apfn.net/Messageboard/06-07-05/discussion.cgi.45.html
Bill of Rights: • 1st Amdmt: Freedom of Religion, Speech, Press, Assembly, and Petition • 2nd Amdmt: Right to Bear Arms • 3rd Amdmt: Soldiers Quartered in homes • 4th: Gov’t needs a search warrant • 5th: rights of accused criminals (Due process) • 6th: rights of accused criminals • 7th: rights in civil trials • 8th: rights of accused and convicted criminals • 9th: there are more rights not listed • 10th: any powers not included in const. are given to states
Yes or No: • 1-Should the government assist religious schools with money to buy textbooks? • 2-Should a person be permitted to say anything at all about the government during wartime? • 3-Should a newspaper that has received copies of secret government documents be allowed to publish them? • 4-Should a group known for its anti-American statements be permitted to hold a rally?