Unit 2: The Constitution and the Bill of Rights

Journal #10

How was your break?

What did you see on the news over the break? Any connections to class?

Journal #11

What do you think you need to work on for the CAPT Interdisciplinary Writing? What is one skill/element you need to improve?

What is one skill that is a strength?

What should you focus on when you go write the essay? Or, to put it differently, what is going to be your area of focus?

General Reminders

Areas of strength:Writing a letter

Taking a clear, strong position

Clear organization and paragraphs

Areas in need of improvement:Using evidence from both articles

Coming up with 2-3 good arguments

Persuasion/awareness of audience

The Preamble and Constitution Hunt

Preamble: Introduction to the Constitution

Constitution: 7 parts, or “articles”

Constitutional Principles Carousel

Separation of Powers: Jake, Bea, Shenna, Katelynn, Casey

Checks and Balances: Alex, Lauren, Christine, Sam, Jessica

Federalism: Kelly, Bobby, Maxine, Nate, Cody

Limited Government: Bryanna, Kiernan, Heather, Peter, Kristen

Journal #12

Take out your Constitution packets and Tuesday’s HW!

1. Try to fill in these sentences: Write the complete sentence in your journals.

Congress (legislative branch) ___________ the laws

President (executive branch) _____________ the laws

The Supreme Court (judicial branch) _____________ the laws

2. Did you follow the Michigan and Arizona primaries? Who won?

Four constitutional Principles

Separation of powers3 branches of government: executive, legislative, and judicial

Checks and balancesBranches can “check” and limit one another

Federalism Power divided between the national and state gov’t.

Limited government Government powers are limited to protect the citizens

Journal #13

Why is the Constitution called a “living document”? In other words, is the Constitution the same today as it was when it was ratified in 1788? Explain.

Can you think of some differences in the government today versus the government back then?

Where do those differences come from?

It’s all about interpretation!

Judicial review: Supreme Court decides if laws follow the constitution or not (if they are constitutional or unconstitutional)

Elastic clause: Gives Congress the power to make all laws they find “necessary and proper”

Amendments (changes) to the Constitution

Amendment process

Most common way:

Step 1: Proposed (suggested) by a 2/3rds vote of each house of Congress

Step 2: Ratified (approved) by at least 3/4ths of state legislatures

Do you know any famous amendments?

Journal #14

Without using your notes, try to list as many amendments (or even just ideas) of the Bill of Rights as you can!

Bill of Rights

First ten amendments to the Constitution

1st amendment: Freedoms of expression

2nd amendment: Right to bear arms

4th-8th amendments: Procedural rights Due process

9th and 10th: Additional rights 9th: People have more rights not specifically mentioned

10th: Powers not granted to the federal government are reserved to the states and to the people

Journal #15

Should freedom of speech be absolute? In other words, should you be able to say whatever you want? Why or why not?

If you think there should be limits of freedom of speech, what should they be?

First Amendment: Five freedoms

Freedom of speech

Freedom of religion

Freedom of the press

Freedom of assembly

Freedom of petition

Freedom of Speech

Not absolute

“Free trade in ideas in the competition of the market”?

“The response to bad speech is more speech”?

Symbolic speech counts!

Journal #16

List two categories of unprotected speech (what is not protected by the Bill of Rights)

Just like there are some controversial issues with freedom of speech, what do you think might be some issues with freedom of religion?

Freedom of Religion

Establishment Clause:Government cannot establish a national religion

Free Exercise Clause:Government cannot prevent you from practicing your religion (freedom of religion)

Freedom to believe vs. freedom to act

“Separation of church and state” Major court case: Lemon v. Kurtzman

“Lemon test”

Tests

Lemon: A law does not violate the Establishment Clause if:

It has a non-religious purpose

It neither helps nor hurts religion

Government and religion are not “mixed”

Endorsement: Government cannot support any one religion over another

Coercion: A law cannot force a person to participate in religious ceremonies

Journal #17

Do you think students should have the same rights as adults while in school? Why or why not?

Are students’ rights limited while in school? If they are, why do you think this is?

Student rights

Students do not “shed their constitutional rights when they enter the schoolhouse door”? (Tinker v. Des Moines, 1969)

OR

Students rights are limited?

2 “case studies”:Hazelwood School District v. Kuhlmeier (press)

New Jersey v. T.L.O. (search and seizure)