Marvelous MondaySeptember 21

This week on the web

D20

Exit Ticket

• Have a sheet of notebook paper with your name on it ready to complete the exit ticket before leaving class today.• You will use this sheet of paper every day this week.• How to write a GIST.

EQ: How does “equal protection under the law” protect equal treatment and prohibit discrimination?

Today’s Vocabulary1. civil rights2. suffrage3. poll tax4. separate but equal5. equal protection6. Plessy v. Ferguson7. Brown v. Board of Education of Topeka, Kansas8. Affirmative Action9. University of Regents v. Bakke

Journal #5: What does the ideal of equality mean for Americans today?To earn a 100, your journal response must be no less than 5 complete sentences and examples must be provided.

Equal Rights

-What does the ideal of equality mean for Americans today?

…All people are equal under the law.

…The rights of each person are equal to those of every other person.

How do laws and justice help preserve Americans’ equality?

…Enforcing laws protects Americans’ rights and makes sure that no one can act as if his or her own life and liberties are more important than those of other people.

Preventing Discrimination in Employment

Law 101; Read/answer questions p. 602

What are civil rights?

-Rights guaranteed to all US citizens

How are your civil rights guaranteed or protected?

…The US Constitution, particularly the Bill of Rights, is the foundation for civil rights in the US.

Civil Rights Amendments:

13th Amendment: abolished slavery

Civil Rights Act 1964

•Prohibited discrimination in public facilities, employment, education, & voter registration

•also banned discrimination by gender, religion, natural origin

14th Amendment:

-Granted full citizenship to African Americans

-Declared that no state could take away a citizen’s life, liberty, or property without due process of law

-Guarantees every citizen within a state equal protection under the laws

14th Amendment continued

The Fourteenth Amendment was enacted to apply all of the rights included within the Bill of Rights and other amendments to the states.

The 14th Amendment was passed to enforce the Civil Rights Act of 1866 which guaranteed to all citizens the rights that had already been extended to white citizens.

Plessy v. Ferguson, 1896

“Separate but equal” was constitutional as long as both were equal.

Ex: separation in schools, in transportation, in public facilities

Brown v. Board of Education

“Separate but equal” was not constitutional.

Eventually, the Equal Protection Clause (14th Amendment) was interpreted by the courts to protect voting rights of all citizens, statutes involving housing and individuals seeking higher education.

Group Homes in Jacksonville

1.Martha’s Group Home (Shore Dr.)

2.Rescare Homecare (Gum Branch Rd)

3.Methodist Home for Children (Valencia Dr.)

4.Brynn-Marr Group Home – Pine Valley Rd)

--”Glass Ceiling”

-Term used to describe the limitations many women and minorities face in job advancement

-Reverse Racism/Discrimination

Idea that special efforts made to make up for past racism are in fact discriminating against others

- Regents of the University of California v. Bakke

Affirmative Action

the consideration of race or gender to benefit a minority group or a group that has been discriminated against in the past, has been protected by the Equal Protection Clause (14th Amendment)

Regents of the University of California v. Bakke - colleges are allowed to use race as a consideration in their admission policies

The Constitution mentions nothing about voting rights.

Between 1870 and 1971, 6 constitutional amendments were added to extend suffrage (the right to vote).

The right to vote is one of the greatest privileges you have as a US citizen. How is this right protected?

Voting Rights Act 1964

- You can’t be prevented from voting.

15th Amendment:

-No one could be denied suffrage because of race or color (applied to African American men)

-Excluded women

17th Amendment:

- direct election of senators

- This amendment strengthened the principle of direct representation by making senators answerable to the voters and not to other politicians.

19th Amendment:

- women’s suffrage (thanks to Susan B. Anthony, Carrie Chapman Catt, Lucretia Mott, & Elizabeth Cady Stanton)

23rd Amendment:

…gave citizens living in the District of Columbia (location of the US capital) the right to vote for president and vice president

24th Amendment:

…banned the use of poll taxes as requirements for voting in national elections

…In 1866 the Supreme Court also outlawed poll taxes in state elections.(Harper v. Virginia Board of Elections)

…The poll tax was a way some states tried to keep African Americans from voting.

26th Amendment:

…lowered the voting age from 21 to 18

…a result of the Vietnam War---If you are old enough to go to war at the age of 18, then you are old enough to vote.

Individual Activity:

…Create a Voting Rights time line beginning with the years 1776 and ending with 2015.

Refer to pages 118-122 TB.

Exit Ticket

GIST: Evaluate how effective our government is in preventing discrimination in the area of employment..

Terrific TuesdaySeptember 22

Answer the following questions:1.What does “separate but equal” mean? Which court case established this principle? Which court case overturned this principle?2.What does the term, “Glass Ceiling” refer to?3.Which 6 amendments extended voting rights?

D21

EQ: What is equal opportunity?

Today’s vocabulary

10. Americans with Disabilities Act11. equal opportunity employer12. bureaucracy

Americans with Disabilities Act (ADA):

… prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The ADA also establishes requirements for telecommunications relay services (a service that allows persons with hearing or speech disabilities to place and receive telephone calls).

Federal Communication Commission:

…regulate interstate communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia and U.S. territories

…directed by 5 commissioners appointed by the President

…one of many agencies within the Executive Branch (bureaucracy)

bureaucracy:

= the many departments and agencies at all levels of government

“Equal Opportunity Employer”

…means that an employer does not discriminate against applicants because of their sex, age, race, skin color, religion, or ethnic background.

All businesses over a certain size (15 or more employees) have to obey these non-discrimination laws.

Congress passed the Civil Rights Acts of 1964 and 1968 to help end discrimination in hiring and wage rates. These acts have created new job opportunities for women and minorities.

To enforce parts of the 1964 law, Congress created the US Equal Employment Opportunity Commission (EEOC) which enforce laws that require equal pay for equal work and ADA laws. The commissioners and the chief legal counsel of the EEOC are appointed by the president.

Exit Ticket

GIST: Summarize the effects of the ADA on society.

Rights of the Accused

• Amendments 4-8

4th Amendment

• Protects from unreasonable search & seizure• A search doesn’t always need a search warrant, if there is good

reason to believe that evidence of a crime will be found or if the law enforcement officer has probable cause. Ex: police can search a car or a person for illegal drugs

Fifth Amendment

• Protects against self-incrimination – having to testify against oneself• Ensures due process of law – the law must be applied fairly; ex: a

person cannot be punished for a crime until the law has been fairly applied to his or her case• Protects against double jeopardy – protects and accused person from

being tried twice for the same crime• Includes eminent domain – the power of the government to take

private property at fair market value

6th Amendment

• The right to a trial by jury if a criminal case

7th Amendment

• The right to a trial by jury in a civil case.

8th AmendmentProtects against excessive bail or cruel and unusual punishment.Why is bail needed?•To ensure that people accused of crimes appear in court•Bail is money or property that the accused gives the court to hold in exchange for being released from jail. The only way to get the bail money back is to show up for trial.

Today’s vocabulary

13. appropriation bill14. Filibuster15. Cloture16. pocket veto17. standing committee18. House Rules Committee19. Quorum20. conference committee

CaucusesAt the beginning of each term, Democrats and Republicans meet privately in each “house” to choose their own leaders.

House of Representatives & the Senate is made up of a:Majority PartyMinority Party

Congressional Leaders•Must select a presiding officer: Speaker of the House (John Boehner-has been a member of the House since 1990 & Speaker since 2010)

President Pro-Tempore (SENATE)Each of these presiding officers are chosen based on their seniority – how long they have been a member – within the majority party.

The Speaker of the House is the most powerful member of Congress.

The Senate

•president pro tempore (leader of the Senate)

•Vice President – but the VP does not usually preside over the daily meetings of the Senate, so the majority party elects the president pro tempore

Special Powers

House of Representatives•All bills dealing with money begin in the House. (appropriation bills)•Has the power to impeach.•Chooses the President if no presidential candidate receives enough electoral votes

Special Powers

The Senate:1.All impeachment trials are held in the Senate.2.If no VP candidate receives enough electoral votes, the Senate chooses the VP.3.Approves all foreign treaties.4.Approves all Presidential appointments (ex: Supreme Court Justices)

Limits on Powers•Tenth Amendment – power to the States•Cannot pass ex post facto laws – laws that apply to actions that occurred before the laws were passed•Cannot pass bills of attainder – laws that sentence people to prison without a trial•Cannot suspend the writ of habeas corpus (unless during a war) which requires a person be appear in court to determine if there is enough evidence to hold them for trial•Can’t tax exports

How a Bill becomes a LawTerms to know:1.Bill – a proposed law2.Appropriation bill – a bill approving the spending of money which must begin in the House of Representatives3.Act – another name for a law4.Filibuster – delaying a vote on a bill by “talking the bill to death”5.Cloture – a procedure to end a debate (filibuster)6.Veto – a presidential refusal to sign a bill7.Pocket veto – refers to when Congress is not in session and when the president does not sign the bill within 10 days, it does not become a law

How a Bill Begins• A bill can be introduced in either “house.”• Only appropriation bills or bills approving the

spending of money must begin in the House of Representatives.• A bill must be passed by both “houses.”• Once a bill passes both houses, it goes to the

president who can sign it or veto it.• If Congress is in session and the president just leaves

the bill on his desk for 10 days, the bill automatically becomes a law.• If Congress is not in session and the president just

leaves the bill on his desk for 10 days, the bill will die. This is a pocket veto!

Sources of Legislation

Where do ideas for bills begin?•US citizens•Organized groups•Congressional committees•Members of Congress•the President

How a bill becomes a Law1. A bill is introduced. It can start in the House or in

the Senate.2. The bill goes to a standing committee.3. The bill may go to a subcommittee.4. The committee holds hearings to hear the pros and

cons of the bill.5. If the bill makes it through the committees, it is

returned to the House or the Senate (whichever house the bill started in).

• When the bill is returned to the House, debate begins. In the House, debates are limited to a certain time. In the Senate, debates are not limited. To delay a vote on a bill, some senators will “talk the bill to death” – or filibuster. The debate in the Senate can be limited if at least 3/5ths of the full Senate vote to limit it. The procedure to end a debate and vote is called cloture.• A quorum or majority of the members must be

present in order to vote on a bill.• If a bill originated in the House and is passed in the

House, it is sent to the Senate and the whole process starts over!

• If both houses pass different versions of the same bill, the bill is sent to a conference committee, made up of an equal number of Representatives and Senators who work to reach a compromise. The compromise bill is sent back to both houses, which usually approve it.• Once a bill has passed both Houses, it goes to the

President who can sign the bill into law, veto it, or pocket veto it.

• If the president vetoes a bill, Congress can override the veto with a 2/3rds vote of both houses.

EQ:

•How does our government impact the US economy?

Government’s Role in the US EconomyHow does our government impact the US economy?•The government creates millions of jobs.•The government buys many goods and services.•The government collects taxes and provides services to the people.•The government regulates the growth of the economy directly in a variety of ways.

The money that the government spends is really your money, from your taxes, so it is a good idea for you to know how government policies on regulation, taxing, and spending work.

Government Regulation

• In the US, all levels of governments – federal, state, and local – regulate business.• Government regulation has 5 main goals:1.To protect workers2.To protect consumers3.To limit negative effects4.To encourage competition5.To regulate property

Protecting Workers

• The Equal Employment Opportunity Commission (EEOC) makes and enforces rules that prohibit businesses from discriminating against people when hiring and promoting workers.• The government also sets standards for safe working conditions. The

Occupational Safety and Health Administration (OSHA) makes certain that employees work under safe conditions.Examples involving construction sites:

Wearing hard hats, safety glasses, steel-toed boots, ear protectionInvestigate if there is a death on the job site. Can fine companies if safe

working conditions are not met.

Protecting Consumers

Examples:1.FDA – Food & Drug Administration protects people from unsafe medicines and foods.2.CPSC – Consumer Protection Safety Commission makes certain that items such as toys are not dangerous.3.FDIC – The federal government insures people’s savings and checking accounts.

Do you think it is fair for the government to regulate business?

Limiting Negative Effects

Example:

EPA – Environmental Protection Agency has rules that limit negative effects of industry such as air and water pollution.

Encouraging Competition

• The US Department of Justice (part of the President’s Cabinet) and the Federal Trade Commission (FTC) supervise some corporate behavior such as mergers to make certain that companies compete fairly with one another.• Many states also regulate competition.

Government Regulation of Private Property• Generally in a free-enterprise system (the principle that business

owners may operate however they see fit, with little direction or interference by government), property owners may use their property in any way that they wish. However, government does have the power to regulate the use of property in some cases.• Ex: You own your home. You have to have a permit to make

constructional changes to your home or to put a pool in your backyard. (local government)

Government Regulation of Private Property continued…• A main way that local governments regulate property is by controlling

land use. Zoning laws limit certain types of economic activities to specific areas. (LOCAL GOVERNMENT)• Ex: A zoning law may allow a factory to be built in an industrial area

while banning it in a residential neighborhood.ORA zoning law may allow a car wash to be built in an area that has

always been zoned as a residential area. Ex: Piney Green Road

Exit Ticket

GIST: State 2 goals the government has for the economy.

Terrific Tuesday, September 29

D26

Complete the review handout on “Government and the Economy”

Journal #6

How do laws both guarantee and limit freedom? Give examples in your response.

Today’s Vocabulary:

21. statutory law22. common law23. administrative law24. constitutional law

Equal Justice Under the Law

•Read pages 180-183. Create a chart like the one at the top of page 180.

Carved in marble over the entrance of the Supreme Court building in Washington, DC is the motto “Equal Justice Under Law.”

What does this motto mean to you?It means that you and all other citizens are considered equal and are protected by the rule of law.

Laws define individual rights and freedoms. But where does your freedom end and another person’s begin?

The judicial branch of the government – the court system- can help answer that question.

Laws

•Laws are society’s rules.•Laws promote the common good.•Laws protect you – your personal safety and your property.

But where does your freedom end and another person’s begin?

Ex: While you may have the right to practice playing your electric guitar, that right is limited somewhat by your neighbor’s right to the peaceful enjoyment of his or her property.

Types of Law

•Criminal•Civil

Criminal law•Refers to a crime having taken place•A crime is any behavior that is illegal because society, through its government, considers the behavior harmful.•Criminal Law refers to:- the group of laws that define what acts are crimes.- how a person accused of a crime should be tried in court.

- how the crime should be punished.

Criminal Laws•Are intended to protect society as a whole•Ex: laws against assault, murder, rape

•Laws against stealing help protect your property and other people’s property.•Ex; If someone who breaks into your neighbor’s house and steals something is not caught and punished, the criminal might even break into your house next.•And, if criminals are not caught and punished, people may begin to think that is it okay to steal.

Civil Law• Is the groups of laws that refer to disputes between people.•Ex: If you have a dispute with someone and you cannot solve it privately, you may go to court to settle the matter. In court, the judge and maybe a jury will listen to the facts of the case. The judge will then apply the civil law and make a decision.•Civil laws are used to settle personal issues such as contract disputes, divorce proceedings, and property boundaries.

What are the 4 sources of Law in the US?

1. Statutory Law2. Common Law3. Administrative Law4. Constitutional Law

Statutory Law•These are laws passed by lawmaking bodies (Congress, General Assembly) and are known as statutes.•Local government can also pass statutory laws and may refer to them a statutes or ordinances.•Most criminal laws are statutory laws.•Many civil laws are also statutory laws.•Ex: A state law that requires all public buildings to contain fire exists in a statutory law.

Statutory Laws continued…

•Statutory laws usually represent majority rule, or what the majority of citizens believe to be right or wrong.• If citizens later change their position on the issue, the law can adapt to the country’s needs.•Every American citizen has the duty to know and obey these laws. One way to practice good citizenship is by obeying laws.•Remember, ignorance of the law is no excuse!

Common Law•Statutes cannot cover every type of wrongdoing.• Judges and courts must often make decisions based on customs, traditions, and cases that have been decided before. This type of law is called common law. It is a type of law that comes from judges’ decisions that rely on common sense and previous cases (precedents).•Ex: mopedsBefore mopeds became an accepted form of transportation, there were no laws about driving them.

MopedsOperating Requirements•In order to ride, you must be at least 16 years old. Owning a driver's license isn't required but you must have a valid ID card, and wearing a helmet is required, regardless of age. •Mopeds must be registered in North Carolina. They must have a license plate and a registration card, but no liability insurance is required.

Administrative Law•Many administrative laws affect our daily lives because they are created by government agencies instead of legislatures.•Administrative laws cover many areas of daily life, such as health, safety, education, and banking.•Ex: the Consumer Product Safety Commission (CPSC) uses administrative law when it rules that a particular toy is unsafe and must be taken off the market immediately.• See CPSC website under favorites

Constitutional Law•The Constitution is the supreme law of the land. – Article VI – the Supremacy Clause•Constitutional law is based on the Constitution and on Supreme Court decisions interpreting the Constitution.• Ex: 6th Amendment guarantees that a defendant in a criminal

case has the right to the “assistance of counsel” for his or her defense. Because of the Supreme Court ruling in the 1963 case of Gideon v. Wainwright, states are required to provide free legal aid (public defenders) to those defendants who cannot afford to pay for legal representation.

In criminal cases…• The person accused of the crime has certain rights, including the right

to an attorney, the right to confront the accuser, and the right to a jury trial.• The accused is also always presumed to be innocent. It is up to the

person bringing the charges to prove “beyond a reasonable doubt” that the accused is guilty of a crime.• If a person is convicted of a crime, he or she has the right to appeal

the decision.• An appeal is the process by which the person asks a higher court to

review the result of the trial. A higher court may find that the lower court has applied the law unfairly or inaccurately. A review of a decision helps to ensure that cases are decided fairly.

6th Amendment

Let’s Review:• How are common law and constitutional law similar?Both depend on the courts and judges’ decisions.• How are statutory law and administrative law different?Statutory law is passed by lawmaking bodies, while administrative law

is created by government agencies.

The Roles of the Court

• A court trial is an adversarial procedure – a dispute fought out according to certain trial rules.• Courts apply the relevant law to settle the dispute.• The parties in these proceedings may be individuals, businesses, or

governments.• In a civil dispute, each party usually has an attorney.• In a criminal case, the dispute is between society, represented by a

government attorney and an individual.

American Civil Liberties

• “Serving on a Jury” 182TB

Exit Ticket

GIST: What is the difference between the 4 sources of laws?

Jurisdiction on the local, state, and federal levelsFederal Government

Department of Justice•1 of the 15 departments within the President’s Cabinet•The head of the Department of Justice is the Attorney General.•The Attorney General is the “top cop” for the federal government.•Has the job of enforcing the laws of the US•Helps to ensure public safety against foreign and domestic threats•Is the government agency that works to prevent and control crime•Committed to ensuring the fair and impartial administration of justice for all Americans

Current news within the Justice Department

Loretta E. Lynch83rd US Attorney General

April 27, 2015Friday, September 25, 2015Ringleader of $24 Million Stolen Identity Tax Refund Fraud Ring Sentenced to 15 Years in Prison Federal Grand Jury Indictment Against Dylann Storm Roof (SC shooting)

Federal Government•Regulatory Commission- Is a type of independent agency that the power to make rules and bring violators to court

- The decisions of regulatory commissions often have the force of law

- Regulatory commissions are usually established because of a perceived need

Federal Government v. State GovernmentElections and Voting Requirements fall under the jurisdiction of the States (10th Amendment).However… In 1971, the federal government determined that the financing and running of federal elections should be closely monitored so Congress passed the Federal election Campaign Act. A regulatory commission called the FEC (Federal Election Commission) was created in 1974 to enforce this act. The FEC enforces election laws, provides financial information for campaigns, and controls public funding of presidential elections.

Other Regulatory Commissions include:• Consumer product Safety Commission – sets and enforces safety

standards for consumer products and consumer safety• Security and Exchange Commission (SEC) helps enforce laws

regulating the buying and selling of stocks and bonds.• The NLRB – National Labor Relations Board – enforces federal labor

laws and works to prevent unfair labor practices among businesses. • The heads of the regulatory commissions are appointed by the

president but are independent so that they have the freedom they need to do their jobs.

• Because of this power, Congress wanted to help prevent the commissions from being too influenced by a single president and his or her political party. The heads of these commissions, therefore, serve long terms. As a result, a single president cannot appoint more than a few commission leaders. In addition, the Senate must approve all of these appointments.• Some people claim that the independence of the regulatory

commissions makes them too powerful. Many critics feel that these commissions over-regulate and interfere too much in our lives. Other people defend these commissions. They say that the commissions’ regulations are needed to protect the public.

Law Enforcement – Who has jurisdiction?FBI•Collects information on crime in the US•Identifies 29 types of crimes divided into 5 categories:1.Crimes against persons2.Crimes against property (shoplifting)3.Victimless crimes (gambling, drug abuse, running away)4.White-collar crimes (embezzlement)5.Organized crimes•Serious crimes, such as murder and kidnapping, are Felonies.•Less serious offenses, such as traffic violations and disturbing the peace, are misdemeanors.

Delinquency is illegal behavior by minors.

Dependency is child abuse cases.

Status Offense (are only crimes when committed by minors; truancy, underage possession & use of tobacco)

SBI – State Bureau of Investigation• The State Bureau of Investigation is a division of the Department of Public Safety. The

agency assists local law enforcement with criminal investigations, working closely with local police, sheriffs, district attorneys, federal investigators, and federal prosecutors.• The SBI has statewide jurisdiction and investigates homicides, robberies, property crimes

and other serious cases. Involvement is at the request of the local department that maintains original jurisdiction over the case.• The SBI has original jurisdiction in these areas:• Drug Investigations• Arson Investigations• Election Law Violations• Child Sexual Abuse in Day Care Centers• Theft and Misuse of State Property• Computer Crime Investigations that Involve Crimes Against Children

Homeland Security

• The last department with the President’s Cabinet to be established by Congress.• Created in 2002 in response to 9/11 to guard against terrorism• Homeland Security also provides federal assistance when natural

disasters occurs in the US such as when Hurricanes Katrina and Rita struck New Orleans and the Gulf Coast in 2005• FEMA falls under this department – Federal Emergency Management

Agency• Latest Natural Disaster to involve FEMA – fires in California- Major Disaster Declaration declared on September 22, 2015

Law Enforcement - JurisdictionMagistrate – LOCAL GOVERNMENT•Also referred to as a justice of the peace•Can hear a case and hand down fines or short jail sentences•Are “lower” courts and may also be called magistrate’s courts or police courts•Their judges are usually electedSheriff- LOCAL GOVERNMENT•An elected official•Commands several deputies and an office staff•Arrests lawbreakers and carries out the orders of county courts

Law Enforcement - JurisdictionCity Government•A city is the largest type of municipality (a unit of local government that is incorporated by the state and that has a large degree of self-government)•Police and fire protection, water-conservation efforts, and garbage collection are provided by local governments – cities. These services, with the exception of garbage collection are provided by local governments – counties too.•Police regulate traffic and issue tickets more so than does the sheriff’s department.

North Carolina Highway Patrol

• The North Carolina State Highway Patrol's primary mission is to reduce collisions and make the highways of North Carolina as safe as possible.• The State Highway Patrol has more than 1,600 troopers who cover

78,000 miles of North Carolina roadways, more than any other state except Texas. In addition to enforcing the state's traffic laws, State troopers also guide traffic during hurricane evacuations, re-route traffic around hazardous chemical spills, and they stand ready, should any act of terrorism occur.• Respond to accidents outside the city’s jurisdiction

Fees and Fines• Another way government – Federal, State, and Local – increase their

revenue (income)Examples: Federal: admission to national parksState:Hunting & fishing licenses, marriage licenseAdmission to state parks, aquariums, museums, driver’s license, traffic

ticketsLocal: admission to the Onslow County Museum, airport parking fees,

background check, fingerprinting, building permits, local traffic tickets City police)