Legal Case Study: Dream vs. Reality | The Justice of Imagination

1. If he’d have died, you wouldn’t know about the dream he had A lawyer argued for $1,000,000 damages based on the following claim: His client went to an art museum, where he saw a painting of Marie Antoinette on a guillotine. He fell asleep and dreamed of the painting. At the museum’s closing time, a guard tapped him on the neck just as he dreamed of the guillotine beheading Marie Antoinette. The tap provoked immediate cardiac arrest and a fatal heart attack immediately following, because he associated the tap with the guillotine blade. The judge dismissed the case. Why?

2. Flipped Learning • Political authority • Abolitionism • Social justice • Social tension • Social harmony • Nationhood • Political compromise • Tyranny • Liberty

3. Flipped Learning • Political authority – extent of power or influence a political entity has within a system of government. • Abolitionism - The belief that slavery should be abolished • Social justice - justice in terms of the distribution of wealth, opportunities, and privileges within a society. • Social tension – emotional strain felt between different groups in society • Social harmony – different groups in society leaving peacefully together • Nationhood - large group of people united by common language, culture or economic life • Political compromise – to make a deal between different parties or political institutions

4. North and South C.1845

5. Mark off in your planner

6. Good learning: Recall how the American system of government works Great learning: Explain the system of checks and balances within the American government Even better: Evaluate the strengths and weaknesses of having a strong central government in America Key Words:

7. ORIGINS THE UNITED STATES CONSTITUTION Slavery Federalism 3 Branches of Government

8. Origins

9. The American Revolutionhttps://www.youtube.com/watch?v=tfnrdWYmZus

10. The American Constitution • What is the American Constitution? • Written document • Supreme Law of the United States • Sets out how the national government will work • When was it written? • It was written in 1787, this is after America broke away from England and became it’s own country • Who wrote it? • Written by the Founding Fathers (a group of American men who met up and decided how the newly independent America would work)

11. 3 Branches of the American Govt.

12. Founding Father’s Game On your tables you are going to design your own government. You will be required to outline how your 3 branches of government will work, using the guidance on the following slides.

13. Legislative Branch • Should the government be Unicameralism (single house) or Bicameralism (two houses)? • Should members be elected? If so, how long for? Should there be any term limits? • What powers should the government have? (If you have gone for Bicameralism – how should the power be divided?) • Should there be any checks on their power? If so, who should check and what should they check?

14. Executive Branch • Should there be a single President, Dual Presidents or a Cabinet? • Should the executive be elected? If so, how long for? Should there be any term limits? • What powers should the executive have? (If you have gone for Dual Presidents how a Cabinet – how should the power be divided?) • Should there be any checks on their power? If so, who should check and what should they check?

15. Judicial Branch • What should the make up of the Supreme Court be like? • Should the justices be elected? If so, how long for? Should there be any term limits? • What powers should the Supreme Court have? • Should there be any checks on their power? If so, who should check and what should they check?

16. Constitution a body of fundamental laws, according to which a state is acknowledged to be governed. Congress President Supreme Court Senate House of Representatives Vice President American Federal Government Federal Bureaucracy Departments, agencies, administrations, authorities, and commissions that carry out responsibilities assigned to them through Congress.

18. How laws get passed in America • Britain should have a second referendum on Brexit • Britain should introduce the death penalty • Britons should be automatically signed up for organ donation Group 1 vote first- Any law not gaining agreement here fails Group 2 vote second- Any law not gaining a majority here fails Group 3 vote third- Any law not gaining a majority here fails Group 4 vote last- Can you think of any legal reason why this law shouldn’t stand? Any law where the majority can fails

19. Federalism

20. What is Federalism? One country, made up of independent states The power to govern is shared between national and provincial/state governments

21. Division of power Regulate Currency Patents Taxation Police power (health, safety, morality) Tariff and F.Policy Internal improvements Land use Licences (e.g. Car, marriage) Raise/maintain the armed forces Declare war Establish post offices Powers of the Federal Government Powers of the State Government Powers of the both

22. Categories the following statements into strengths and weaknesses of Federalism • Maintains that connection between American and their state, by giving power to the states. • The United States does not have a single policy on issues, which often leads to confusion. • Running a country the size of the United States is much easier to do if power is given to local officials. State officials are closer to the problems of their areas. • By removing the national government from some contentious issues, federalism allowed the early U.S. government to achieve and maintain stability. • Even if one group took control of all three branches of the federal government, federalism ensures that state governments would still function independently. • The overlap of the boundaries among national and state governments makes it tricky to assign blame for failed policies.

23. DISAGREE AGREE ‘America is better off with a highly centralised government’

24. Slavery

25. Constitution and the Slavery It is 1787 and you are a Founding Father drafting the US Constitution. Slavery is widespread in the states. At least 1/3 of the Convention’s delegates own slaves, including all of the delegates from Virginia and South Carolina. Slaves comprise approximately one-fifth of the US population;[and apart from northernmost New England, where slavery had largely been eliminated, slaves lived throughout all regions of the country.The majority of the slaves (more than 90%),lived in the South. The entire agrarian economy of the South was based on slave labour, and the Southern delegates at the Convention are unwilling to accept any proposals that they believed will threaten the institution. There is a debate between the northern and southern states on how slaves should be counted when determining a state's total population (for representation in the House of Representatives) and taxing purposes. • If you was a Founding Father, what would you write about Slavery in the Constitution?

26. What the Constitution said… • Three Fifth Compromise:The population of slaves would be counted as three-fifths in total when apportioning Representatives, as well as Presidential electors and taxes. • Fugitive Slave Clause: A "person held to service or labour" (usually a slave) who flees to another state to be returned to the owner in the state from which that person escaped. • Apart from that? Not much, in particular it did not address: • Long term status of slavery and particularly its extension if the Union grows…

27. Evaluating the American system of Government

28. ‘Unresolved issues in the American Constitution were significant in creating sectional tension in America by c1845.’ Write one paragraph supporting this statement. How to structure your paragraph: Point – What elements of the Constitution will your paragraph explore Evidence – What does the Constitution say? Explain – Why does this create tension in America?

29. What if… • Constitution does not cover a particular issue? • Some states want to abolish slavery, but other states do not? • New territories are applying to join the Union. There is currently a balance of Southern Slave States and Northern free states. • The Fugitive Slave law is passed by the Federal Government, which states all escaped slaves are, upon capture, to be returned to their masters.

30. Flipped Learning • Create a timeline that of Presidents between the years of 1844-1860. Include the name of the President, their political party and the state the President comes from. • Create a summary of the key beliefs of the Whig and Democrat party until 1854 (make sure you are looking at the American Democrats and American Whigs).