Interests at stake:

Issue: Resolution:

Big vs. Small State

Representation in Congress

-Proportional representation in House- Equal representation in Senate

Slave vs. Non-Slave State

Size of population in determining proportional representation (for the House of Reps)

- 3/5 Compromise - International Slave Trade ends in 1808

Strong vs. Weak Government

- Preventing one branch from dominating the other. - Preventing the federal government from dominating state governments

-Separation of powers-Federalism -Check and balances

Constitutional Convention 1787

FEDERALISTS ANTI-FEDERALISTS

Feelings about the SECOND DRAFT (Constitution):

Supported the Constitution

Opposed the Constitution

Major Argument(s):

Any government could become oppressive, but with its checks and balances and division of power, the Constitution made political tyranny almost impossible.

There needs to be a Bill of Rights!

Felt that it made the national government too strong and the states too weak.

Key Figures: James MadisonAlexander Hamilton

Patrick Henry

Top of page 7

Branch Comprised of…Term Limits

Responsibilities Powers

Legislature House of Reps.:1)# of reps. per state is based on the population of the state 2) Term = 2 years

Senate:1)2 Senators per state2)Term = 6 years

Makes the laws 1) To lay and collect taxes 2) To declare war 3) Clause 18 gives Congress the

power to make laws as needed – sometimes called the elastic clause

Executive Term = 4 yearsAmendment 22 – no President may serve more than two terms.

Carries out the laws 1) Head of the armed forces 2) Power to grant pardons3) Appoint ambassadors 4) Veto or approve bills

Judicial A justice serves for life. Interprets the laws Judicial Review – power of the Supreme Court to decide whether acts of a President or laws passed by Congress are constitutional(Marbury vs. Madison)

How did the framers of the Constitution guard against

tyranny?

Constitutional Principle

How does this principle guard against tyranny?

Example of this principle in action:

Popular Sovereignty

The government serves the people – the people have the final authority in government.

The people elect public officials by voting in free and frequent elections.

Limited Government

The people limit the power of the government by spelling out with the government may not do

Bill of Rights

Separation of Powers

Separate of divide power between 3 branches each with their own responsibilities and powers

FederalismPower is divided equally between the states and the national government

Checks and Balances

Each branch of the federal government has some way to check, control, the other two branches.

Passing a law

Overview of the Supreme Court

1)The Supreme Court is a part of what branch of government?

2)What is the name of the head of the U.S. Supreme Court?

3)How does one become a member of the Supreme Court?

4)What types of cases does the Supreme Court hear?

Overview of the Supreme Court

1)The Supreme Court is a part of what branch of government?

ANSWER: Judicial Branch

2) What is the name of the head of the U.S. Supreme Court?

ANSWER: Chief of Justice

3)How does one become a member of the Supreme Court?

ANSWER: The President of the U.S. appoints a new nominee BUT Congress must approve of his (or her) nominee = Checks and Balance

4)What types of cases does the Supreme Court hear?

ANSWER: The Supreme Court hears cases that have been tried and appealed as far as law permits in lower courts. The Supreme Court hears only issues about the Constitution, federal law, or treaties.

Court Case: Decision: Right and/or group directly affected:

Schenck v. United States (1919)

that Schenck’s protests against US involvement in WWI were a “clear and present danger” to the United States

Freedom of speech (First Amendment)

Tinker vs. Des Moines

The wearing of black arm bands was protected by the Constitution. Students enjoy protection of the Bill of Rights unless their actions materially disrupt the educational environment.

Freedom of speech (First Amendment)- The rights of students in school

New York Times Co. v. United States (1971)

The Court ruled that the papers did not violate national security and therefore the newspapers had the right to publish them..

Freedom of the press (First Amendment)

FIRST AMENDMENT (FREE SPEECH, PRESS, RELIGION)

Court Case: Decision Group directly affected:

Dred Scott v. Sanford (1857)

that blacks were not citizens and that slaves were property and could be taken anywhere, regardless of a state’s status as free or slave holding.

Enslaved men and women and free blacks

Plessy v. Ferguson (1898)

established that “separate but equal” facilities were legal (thereby upholding the Jim Crow laws of Southern states)

African-Americans

Brown vs. Board of Education Topeka (1954)

one of the most celebrated cases, the court struck down separate but equal and ordered integration in the nation's schools with "all deliberate speed."

African-Americans – rights of ethnic minorities

SLAVERY/RIGHTS FOR AFRICAN-AMERICANS

Court Case: Decision Group directly affected:

Mapp v. Ohio (1961) right against illegal search and seizure

a person accused of a crime

Gideon v. Wainwright (1963)

right to counsel a person accused of a crime

Miranda v. Arizona (1966) established a suspect’s right to be informed of his or her rights

a person accused of a crime

RIGHTS OF THE ACCUSED (a person ACCUSED of a crime)

* All of these cases were decided when Earl Warren was acting Chief Justice (Warren Court) - expansion of individual rights in criminal cases

Court Case: Decision: Constitutional ConceptsEnduring Issues:

Marbury vs. Madison (1803)

JUDICIAL REVIEW!JUDICIAL REVIEW!JUDICIAL REVIEW!

Judicial Review/Separation of powers

McCulloch v. Maryland (1819)

John Marshall declares "the power to tax is the power to destroy." The Supremacy Clause of the Constitution prohibits state taxation of a federal institution.

Judicial Review; Federalism

Gibbons vs. Ogden (1824)

Congress has the authority to regulate Interstate Commerce

Judicial Review/Federalism

Supreme Court Decisions Under Chief Justice JOHN MARSHALL (1801-1835)

•If you see… John Marshall Answer: Either he expanded the power of the federal government, or judicial review

Chief Justice John Marshall is a

MAD MAN Marbury v. MADison (1803 – same yr as Louisiana Purchase)

Supreme Court power to decide whether laws passed by Congress were constitutional or unconstitutional = JUDICIAL REVIEW

- Marshall was the MAN for strengthening the power of the U.S. Supreme Court

Supreme Court Decisions Under Chief Justice EARL WARREN (1953-1969)Key Influence: active in expanding the rights of the accused

Court Case: Decision: Group directly affected:

Brown vs. Board of Education (1954)

Segregation in public schools in unconstitutional

African-Americans and ethnic minorities

Gideon vs. Wainwright (1963)

the right to an attorney. Accused persons

Miranda vs. Arizona (1966)

established a suspect’s right to be informed of his or her rights

Accused persons

Key Terms for Thursday (Quiz #2)

1. Plessy v Ferguson (1896)2 .Brown v Board of Education Topeka Kansas (1954)3. Dred Scott v Sanford (1857)4. Tinker v Des Moines School District (1969)5. Roe v Wade (1963)6. Miranda v Arizona (1966)7. Mapp v Ohio (1961)8. Gibbons v. Odgen(1824)9. Marbury v. Madison(1803)10. New York Times Co v. United States (1971)

* Complete pages 9 and 10 in Review Packet

TO STUDY FOR THE REGENTS