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By Sara Fountain Created for: EDCI 270. Click the flag to go to the next slide. THE CONSTITUTION. Bill of rights Constitution Amendments 11-27 Founders History Quiz . Click here to go to the next page. How to Navigate. This button takes you to the next page. - PowerPoint PPT Presentation

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Slide 1

Freedom of Speech

Occupy Wall St.is this legal?Depends on if its peacefulIf yes, then yesIf No, then its illegal.

Yeah!!!!Good job now try #10

How to Navigate

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Alexander HamiltonCo authored the federalist papers-which were the letters in a newspaper publicizing all aspects of the constitution and the new government of the United States.1st secretary of treasuryLawyerBorn and raised in the west IndiesFounded the bank of NYKilled by political opponentQuote: Why has the government been instituted at all? Because passions of men will not conform to dictates of reason and justice without constraintSupported federalism

Why do you need to know the constitution?

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Teens Polled25% knew what city the constitution was written in.21.2% knew how many U.S. senators there are.35.5% know the first 3 words of the constitution.41.2% know the 3 branches of the government.44.8% know the bill of rights.

Is this YOU?Are you ready to take the quiz now?Click the quiz button to take the quizClick the home button to go back to the home page

Freedom of SpeechAs its written: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of people to peacefully assemble, and to petition the government for a redress of grievancesLayman's terms: theres no national religion, anyone can voice their opinion, the press (news) can say what they want without fear, people can peacefully get in to groups and protest, they can also write a paper and have people sign it of the things they are not happy about with the government

Influences of the foundersJohn Locke-from Britain. His influence was life, liberty, and property of which Jefferson took life, liberty, and pursuit of happiness.Edward Coke-from Britain. His influence was equity and habeas corpus. All citizens have rights not just royals.William Blackstone-from Britain. His influence was parliament as legislature. They were representatives of the people, they were sovereign over judges in equity law.Montesquieu-from France. His influence was public virtue, 3 branches of government, checks and balances, and separation of powers. All of which the founders used when setting up our government.

If its peaceful then yesIf its not peacefulthen no

Right to bear arms

As its written: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringedLaymans terms: any citizen is able to legally own and carry a gun

Application

In Chicago, its illegal to carry a firearm.Is this law legal?NoWhy is the crime percentage so highIts not the legal guns that are responsible for the majority of crime, Its the illegal ones that criminals use.

As its written: No soldier shall, in time of peace be quartered in an house, without the consent of owner, nor in time of war but in a manner to be prescribed by law.Laymans terms: No soldier shall stay in anyones house during time of peace without the owners permission Protection of quartering of troops

Application

While this isnt as big of an issue as it was during the revolution it could be an issue in the future.Post civil war, could a confederate soldier take over your home in the North as a command post without your permission?NO

Search and Seizure

As its written: The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and persons or things to be seized.No searches are allowed of a persons belongings without a warrant or probable cause. All warrants must be issued by a judge.

Application

Indianas new law states police dont need a warrant to search your house. Which amendment in the bill of rights does that infringe upon?

#4-search and seizureIs this law legal?NoTherefore, can they enforce it?No

As its written: No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in land, naval forces, or in militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense two times to be twice put in jeopardy of life or limb nor shall be compelled without due process of law, nor shall private property be taken for public use without just compensation.Due process, double jeopardy, eminent domain, self incriminationLaymans terms: Citizens are not required to answer to court. Nobody can be brought to trial two times for the same crime (double jeopardy) and have right to avoid self incrimination, if government takes your property have to pay you for it (eminent domain).

ApplicationCan any regular person or group be the judge, jury, and executioner?NOIf the state tries you on murder charges and loses can they retry you?NOCan the police take your stuff forever and not pay you for it?NO

Speedy TrialAs its written: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of state and district wherein crime shall have been committed, which district shall have been previously been ascertained by law, and to be informed of nature and cause of accusation; to be confronted with witnesses against him; to have compulsory process for obtaining witnesses in his favor and to have assistance of counsel for his defense

Laymans terms: If youre charged with a crime, they cant keep you imprisoned forever without giving you a public trial and they cant delay it without a good reason, the jury cant be stacked and biased against you, the trial has to be where the act was allegedly committed, you have to know what youre being charged with, you have to be able to see your accusers, you have to have the opportunity to have people stand up for your side, and have counsel to be able to represent you if you want.

ApplicationDo you think the state of Florida abided by amendment 6 with Casey Anthonys case?YesIf the jury was biased against her what would the verdict have been?She wouldve been found guilty unanimously

Common LawAs its written: In suits at common law, when the value in controversy shall exceed $20, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of US than according to rules of common law.Laymans terms: When the suit or issue involves more than $20, you have the right to a trial

ApplicationIf you steal a TV from Wal-Mart valued at $1000, do you have the right to a jury of your peers?YES

Cruel/Unusual PunishmentAs its written: Excessive bail shall not be required, nor excessive fines imposed nor cruel and unusual punishments inflicted.Laymans terms: You cant be required to pay bail that doesnt fit the circumstances of the crime, the punishment also has to fit the crime

ApplicationFor someone convicted of shoplifting, would the death penalty agree with amendment 8?NOWhat part of the amendment conflicts with this issue?Cruel and unusual punishment

Cant be denied rightsAs its written: The enumeration in constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Laymans terms: The constitution doesnt deny any pre-existing rights

ApplicationIf Anwar Al-Alaki was in the US, (he was born in New Mexico and lived in Yemen and was part of Al Qaeda) could we send him to Guantanamo without a trial?NoBecause hes a US citizen we cant deny him his rights

Rights of StatesAs its written: The powers not delegated to the US by the constitution, nor prohibited by it to the states ,are reserved to states respectively, or to its people.Laymans terms: Everything thats not in the constitution is up to the states to decide.

ApplicationDoes the affordable health care act which mandates all citizens purchase health care or be fined infringe upon the states/peoples rights?YesBecause if states dont want that for their health care system they cant get out of it. It hinders the states by mandating they pay more for Medicaid when its already bankrupting them.

PreambleWe the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.Laymans terms: preamble isnt the law-it gives reasons for writing the constitution and the goals of it. (http://simple.wikipedia.org/wiki/United_States_Constitution#Preamble)

Article 1 (legislative power)You can access it word for word by clicking this link: http://www.archives.gov/exhibits/charters/constitution_transcript.htmlLaymans terms: legislative branch (congress) makes laws for US congress which is made up of the house of representatives and senate, it details who can be elected and how long (2 years) the representatives and senators (6 years)terms are, as well as how many each state has. Representatives are chosen by the population of each state and there are 2 senators per state.It also details Impeachment-how congress makes laws and how to remove bad officials within the government.

ApplicationWhen talking about impeaching (fire) Bill Clinton for the Monica Lewinsky scandal, who has the power to do impeach him?Congress

Article 2 (executive power)You can read this word for word at: http://www.archives.gov/exhibits/charters/constitution_transcript.htmlLaymans terms: The President carries out laws made by congress. It also details how the President and Vice President are elected (by the electoral college which is chosen by the states) It details the 4 year terms and also talks about succession of power if the President, VP, etc. were no longer able to serve.It also details that the President is the Commander in Chief. He is in charge of the Army, Navy, and can make treaties although they must be approved by 2/3 of the senate. The President appoints judges for with the senate must also approve.The President has the power to veto but congress can also override that.

ApplicationWhy were so many of President George W. Bushs supreme court appointees unable to take the bench?Because they had to be approved by 2/3 of the senate.

Article 3 (judicial power)You can access this word for word at :http://www.archives.gov/exhibits/charters/constitution_transcript.htmlLaymans terms: The court system includes the supreme court. Congress can decide whatever other courts are needed. IE: appellate, district, etc.Controversies are for the court to decide. Courts require a trial by jury in criminal casesIt also defines treason

Article 4 (states power and rights)Word for word you can access it at:http://www.archives.gov/exhibits/charters/constitution_transcript.htmlLaymans terms: states must respect other states laws. They must treat the citizens of other states with the same respect they treat their own citizens. They must send arrested people back to another state if arrested. Congress can make new states.Congress rules over federal property and territories. Each state has a republican form of government and the federal government will protect states from invasion and violence.

ApplicationIs the federal government abiding by article 4 where it says US must protect states from invasion and violence?In the case of Arizona that is having citizens and officers shot by illegal gang members from Mexico, No they arent protecting the border for the citizens that reside in the US.The constitution says the states have the power to govern themselves on anything thats not laid out in the constitution. So why does the federal government mandate what kind of healthcare system states must have and pay for when that isnt in the constitution?

Article 5(process of amendments)You can see this at http://www.archives.gov/exhibits/charters/constitution_transcript.htmlLaymans terms: amendmentchange or add to the constitutionCongress can amend it if 2/3 of the house and senate vote for the amendmentState government can call a convention to also change it. But that change must then be sent to state legislatures or state conventions for approval by of the states. This is called ratifying the amendmentAn amendment can change any part of the constitution except that each state has an equal say (vote) in senate.

ApplicationIn 1865, the 13th amendment was passed to end slavery. How was that done?By passing congress by 2/3 in both houses and by of the states ratifying it.

Article 6 (federal power)For word to word go to :http://www.archives.gov/exhibits/charters/constitution_transcript.htmlLaymans terms: constitution and laws and treaties of US are above all other laws. Federal and state officers must swear to support the constitution.

ApplicationIf a US citizen does an honor killing are they justified in saying they adhere to Sharia law and not to the US laws?No because US law is supreme to all religious laws and its illegal to murder punishable by the full extent to US law.

Article 7 (ratification)To access this word for word go to:http://www.archives.gov/exhibits/charters/constitution_transcript.htmlLaymans terms: New government wouldnt start until conventions in at least nine states approved the constitution

Amendments 11-27 continuedAmendment #Year passedamendment151870Vote cant be taken away because of race, color of your skin, or if youre previously a slave161913Congress taxes income171913People elect senators instead of the state legislature electing them181919Prohibition-makes alcohol illegal

Amendments 11-27 continuedAmendment #Year passedAmendment 191920Gave women right to vote201933Changed the days congress is in session and established presidential terms of office211933Ended prohibition221951President cant be elected more than 2 times231961Gave people in DC the right to vote for President

Amendments 11-27 continuedAmendment #Year passedAmendment241964Made it illegal to have to pay tax to vote251967Changed what happens if the President, VP dies, resigns, or is impeached261971Established a minimum age to vote of 18271992Limited how much congress gets paid

James MadisonAlexander HamiltonAlso co wrote federalist papersMember of house of representativesSecretary of statePresidentLived longest of foundersFather of the constitutionAuthor of the bill of rightsAnti-federalistSupervised Louisiana purchaseQuote: all men having power ought to be distrustedCo authored the federalist papers1st secretary of treasuryLawyerBorn and raised in the west IndiesFounded the bank of NYKilled by political opponentQuote: Why has the government been instituted at all? Because passions of men will not conform to dictates of reason and justice without constraintSupported federalism

Review

Duties of the constitutional convention:Revise articles of confederationAdvise statesSecret debates so could speak freelyLocated in Philadelphia, PAFederalist papers came out of it as to publicize and let the people know what constitution wasReferenceswww.brainyquote.com/quotes/keywords/constitutional.htmlwww.constitutioncenter.org/citizenaction/civicresearchresults/NCCNationalPoll/theAnswers.htmlhttps://wiki.answers.com/Q/Please_interperet_the_bill_of_rights_in_laymans_termswww.ratical.org/w-globalite/BillofRights.htmlwww.foundersquotes.comwww.archives.govwww.archives.gov/exhibit/billofrightswww.wikipedia.org/wiki/United_States_Constitutionwww.constitutionfacts.com?section=constitution&page=aboutthesigners.cfmhttp://en.wikipedia.org/wiki/Alexander_Hamiltonhttp://www.freerepublic.com/focus/f-bloggers/2410091/posts

References Continuedwww.quotationspage.com/quotes/Alexander-Hamiltonhttp://www.quotationspage.com/quotes/Benjamin_Franklinhttp://en.wikipedia.org/wiki/Benjamin_Franklinhttp://www.notable-quotes.com/w/washington-george.htmlhttp://en.wikipedia.org/George-Washingtonhttp://www.quotationspage.com/quotes/Tomas_Jeffersonhttp://en.wikipedia.org/wiki/Thomas_Jeffersonhttp://en.wikipedia.org/wiki/James_Madisonhttp://www.constitution.org/jm/jm_quotes.htmhttp://www.youtube.com/watch?v=2jr9mLB3yKs

Picture Referenceshttp://www.nndb.com/people/578/000026500/http://maldencapell.wordpress.com/2010/03/24/our-unwritten-constitution/http://www.sp-usa.org/http://www.jewishjournal.com/thegodblog/item/obama_or_mccain_american_nazi_party_suprises_us_20081103/http://www.marxisthistory.org/subject/usa/eam/communistparty.htmlhttp://reason.com/blog/2009/09/04/van-jones-nuttiest-beliefhttp://www.zimbio.com/pictures/zDy8webPvw0/Barrack+Obama+Meets+Iraqi+President/2wMpCR-DFCM/Barack+Obamahttp://library.thinkquest.org/J0110221/https://www.geneva304.org/gmss/Archive/OldGMSWeb/CurricLinks/la/la7/Fever/Fever%20Webquest.htmhttp://mythicalmonkey.blogspot.com/2011/06/uncle-sam-wants-you.html

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Picture ReferencesContinuedhttp://www.depauw.edu/acad/articles/?ID=12695http://www.inkity.com/catalog/product/2/10349/Library-Of-Congress.htmlhttp://diberville.ms.us/fire/http://guy.com/2011/05/03/don%E2%80%99t-skip-this-poor-richard%E2%80%99s-almanack/http://en.wikipedia.org/wiki/Printing_presshttp://integral-options.blogspot.com/2007/10/satire-postmaster-general-letter.htmlhttp://petitpoulailler.tumblr.com/post/2326827251/george-washington-map-maker-the-grangerhttp://itsangelago.blogspot.com/2011/04/free-mason.htmlhttp://www.1776coalition.com/rise-up-1/whos-who-of-conservative-movement-unveils-mount-vernon-statementhttp://www.debrajeandean.com/constitution/Declaration.htm

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