Bill of Rights & Constitution (Cont.)

I. IntroII. Bill of Rights

A. 1st = Five Freedoms B. 2nd AmendmentC. Due Process• 4th, 5th, 6th, 8th

III. Constitutional ConventionA. Controversy & Compromise

3. Presidential/Electoral Compromise

Key Terms• Establishment Clause• Libel• Slander• Electoral College

http://www.colbertnation.com/the-colbert-report-videos/180282/september-05-2008/better-know-a-district---lynn-westmoreland-update

Bill of Rights

How Have They Been Interpreted?

Bill of Rights

• First 10 Amendments to the US Constitution

Amendment #1

• Five Freedoms (these rights are protected):

– Speech

– Press

– Religion

– Peacefully assemble

– Complain

Limits to First Amendment(And all other rights)

• No Single Right is Absolute!

• Freedom for an individual ends when their actions trample on the rights of others

Amendment #1

• Five Freedoms (these rights are protected):

– Speech

– Press

– Religion

– Peacefully assemble

– Complain

Do you support a constitutional amendment allowing for prayer in schools?

Support 53.9%

Undecided 15.4%

Opposed 26.9%

Source: 6/10 Student Survey at WSCC

Amendment #1(Religion)

Establishment Clause

• Separation of Church & State = The Government cannot force people to follow one religion

Thomas Jefferson

Amendment #1(Religion)

Free Exercise Clause

• Allows people to practice their religion with little government involvement

• Some practices are prohibited

Joseph Smith; founder of LDS (Mormon) Church

Amendment #1(Speech)

Free Speech • No right to yell “Fire” in

movie theater

• Slander: an oral statement damaging to a victim

Amendment #1(Press)

Freedom of the Press• Libel: a written statement

damaging to a victim

Amendment #1

• Five Freedoms (these rights are protected):

– Religion

– Speech

– Press

– Peacefully assemble

– Complain

July 4 Parade in Ludington

2nd Amendment

Bottom Line• Individuals have the right

to keep and bear arms

• That right can be regulated by the states and federal government

June 2008 Supreme Court Ruling

Do you think owners of handguns should be required to register them?

Support 80.8%

Undecided 3.9%

Opposed 11.5%

Source: 6/10 Student Survey at WSCC

The Federal government needs to do more to control the sale of handguns.

I agree 38.5%

I am undecided 26.9%

I am opposed 23.1%

Source: 6/10 Student Survey at WSCC

4th Amendment(Due Process)

• People have the right to privacy in their homes; unreasonable searches are prohibited

• To search, the Police need:

– Probable cause

– Search Warrant with a list of items

5th Amendment(Due Process)

• For major crimes a Grand Jury investigates charges

• Accused cannot be forced to incriminate themselves

• Property cannot be taken without due process; nor without fair compensation for public use

• Provides protection against double jeopardy

5th Amendment(Due Process)

• Hollywood’s version...

6th Amendment(Due Process)

• Defendants have the right to:

a speedy trial, with a jury of their peers in the area where the crime was committed

question accusers & bring witnesses in their defense

an attorney

– One is provided if a defendant faces jail time & cannot afford one

Guantanamo Bay Anniversary(January 2007)

http://www.colbertnation.com/the-colbert-report-videos/80783/january-11-2007/happy-anniversary-guantanamo

8th Amendment(Due Process)

• No cruel or unusual punishment is allowed; no torture. The punishment must fit the crime.

Do you support the Death Penalty?

I agree 61.5%

I am undecided 15.4%

I am opposed 19.2%

Source: 6/10 Student Survey at WSCC

Bill of Rights

How Have They Been Interpreted?

Some Problems With the Articles of Confederation

1. Each state had one vote (regardless of its population); to amend Articles unanimous support was needed

Articles of Confederation

2. There were neither Executive nor Judicial Branches

3. The national government did not have the power to tax; states could coin own money & conduct foreign policy

Controversy: Representation in CongressVirginia Plan (Madison)

1. Eliminate the Articles of Confederation

2. Separate the National Government into three branches: Legislative (most powerful), Executive & Judicial

James Madison

3. Representation in the Legislative Branch would be determined entirely by a state’s population

Solution = Great Compromise(Franklin)

Legislative Executive Judicial

House of Representatives

•Based on population

Senate

•Two for each state

Controversy: How to Count Slaves?

Solution = 3/5 Compromise

• One slave is equal to 3/5 of a person when determining a state’s population

Torture Mask

Controversy: Chief Executive

Legislative Executive(President)

Judicial

House of Representatives How to choose?

Electoral College

Senate

Two Key Concepts:

How The Electoral College Works

1. In order to win a Presidential election a candidate must win a majority of electoral votes (270).

2. The candidate who wins the most popular votes in a state wins ALL of that state’s pledged electoral votes.

MICHIGAN’S ELECTORAL VOTES15 Members of the US House of Reps 2 _ US Senators

17 Electoral Votes

The Electoral College & The States(Michigan as an example)

Michigan’s 15 Congressional

Districts

Each district represents about 650,000 people

STATE 1992-2002

2002-2012

Alabama 9 9

Alaska 3 3

Arizona 8 10

Arkansas 6 6

California 54 55

Colorado 8 9

Connecticut 8 8

Delaware 3 3

WA DC 3 3

Florida 25 27

Georgia 13 15

Hawaii 4 4

Idaho 4 4

STATE 1992-2002

2002-2012

Illinois 22 21

Indiana 12 11

Iowa 7 7

Kansas 6 6

Kentucky 8 8

Louisiana 9 9

Maine 4 4

Maryland 10 10

Massachusetts 12 12

Michigan 18 17

Minnesota 10 10

Mississippi 7 6

Distribution of Electoral Votes

STATE 1992-2002

2002-2012

Missouri 11 11

Montana 3 3

Nebraska 5 5

Nevada 4 5

New Hampshire 4 4

New Jersey 15 15

New Mexico 5 5

New York 33 31

North Carolina 14 15

North Dakota 3 3

Ohio 21 20

Oklahoma 8 7

Oregon 7 7

STATE 1992-2002

2002-2012

Pennsylvania 23 21

Rhode Island 4 4

South Carolina 8 8

South Dakota 3 3

Tennessee 11 11

Texas 32 34

Utah 5 5

Vermont 3 3

Virginia 13 13

Washington 11 11

West Virginia 5 5

Wisconsin 11 10

Wyoming 3 3

Distribution of Electoral Votes

Electoral CollegeMichigan and the Presidential Election of 2008

Candidate Popular Vote

Obama 57%

McCain 41%

Others 1%

So, Barack Obama received ALL 17 of Michigan’s pledged electoral votes.

Presidential Election Results

2008 Election: US Results

Candidate Electoral Vote Popular Vote*

Obama 365 52.9%

McCain 173 45.7%

Others 0 1%

*Voter turn-out was VERY high: about 136 million 64% of eligible voters

Other Presidential Election Results

2000 Election

Candidate Electoral Vote Popular Vote*

Bush 271 48%

Gore 267 48.5%

Others 0 4%

*Gore received about 500,000 more popular votes.

Other Presidential Election Results

1860 Election (156 = Majority)

Candidate Electoral Vote Popular Vote

Abraham Lincoln 180 39.9%

Stephen Douglas 12 29.5%

John Breckenridge 72 18.1%

If no candidate wins a majority of the Electoral Votes, then:

1. The US House of Representatives chooses the next President among the top three finishers

2. The US Senate chooses the next Vice President among the top two finishers for VP

Electoral College

Bill of Rights & Constitution (Cont.)

I. IntroII. Bill of Rights

A. 1st = Five Freedoms B. 2nd AmendmentC. Due Process• 4th, 5th, 6th, 8th

III. Constitutional ConventionA. Controversy & Compromise

3. Presidential/Electoral Compromise

Key Terms• Establishment Clause• Libel• Slander• Electoral College