U.S. Constitution
Unit
Learning Goal 9: Students will be able to explain the principles on which the U.S. Constitution was founded.
- federalism (i.e., enumerated, reserved, and concurrent powers)
- popular sovereignty
- separation of powers
- individual rights
- checks and balances
- limited government
- flexibility (i.e., Elastic Clause, amendment process, living constitution)
- republicanism
- Supreme Law of the Land
Scale:
4
3
2
In addition to a 3 student was Student was able to explain the Student was able to identify the
able to explain and analyze the principles on which the U.S.
principles on which the U.S.
principles on which the U.S.
Constitution was founded.
Constitution was founded.
Constitution was founded.
1
Students was able to partially
identify the principles on which
the U.S. Constitution was
founded.
How to Read the Constitution
• The Constitution is organized into 3 basic parts.
-Articles
-Sections
-Clauses
Example
ARTICLE I: Legislative Branch
Section 1. Legislative powers; in whom vested
All legislative powers herein granted shall be vested in a Congress of the United States, which shall
consist of a Senate and House of Representatives.
Section 2. House of Representatives, how and by whom chosen Qualifications of a Representative.
Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power
of choosing officers, and of impeachment.
1.
The House of Representatives shall be composed of members chosen every second year by the
people of the several States, and the elector in each State shall have the qualifications requisite
for electors of the most numerous branch of the State Legislature.
2.
2. No person shall be a Representative who shall not have attained the age of twenty-five years,
and been seven years a citizen of the United States, and who shall not, when elected, be an
inhabitant of that State in which he shall be chosen.
3
How to Read the Constitution
Article I, Section 2, Clause 1
Or
I-2-1
Example
ARTICLE I: Legislative Branch
Section 1. Legislative powers; in whom vested
All legislative powers herein granted shall be vested in a Congress of the United States, which shall
consist of a Senate and House of Representatives.
Section 2. House of Representatives, how and by whom chosen Qualifications of a Representative.
Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power
of choosing officers, and of impeachment.
1.
The House of Representatives shall be composed of members chosen every second year by the
people of the several States, and the elector in each State shall have the qualifications requisite for
electors of the most numerous branch of the State Legislature.
2.
No person shall be a Representative who shall not have attained the age of twenty-five years, and
been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of
that State in which he shall be chosen.
4
How to Read the Constitution
7 Articles of the Constitution- Write this on the back of your packet
Article I- Legislative Branch (Congress)
Article II- Executive Branch (President)
Article III- Judicial Branch (Supreme Court)
Article IV- Relations among the states
Article V- How to amend (change) the Constitution
Article VI- Supremacy of National Law, Oath of
Office, National Debt
Article VII- Ratification of the Constitution
5
Principles of the U.S. Constitution Text 260-265
1.
Popular Sovereignty- The people rule. They have the ability to govern themselves through voting.
2.
Republicanism- People exercise their power in government by voting for their representatives.
3.
Federalism- Both the Federal and State governments have their own power, and they share others.
Delegated (enumerated) Powers- Federal Powers, Reserved Power- State Powers, Concurrent PowersShared.
4.
Separation of Powers- Divided the power of government into branches, so that no one part could become
too strong.
5.
Checks and Balances- Each branch of government can exercise checks, or controls, over the other branches.
6.
Limited Government- The rule of law prevails in American government. No one is above the law, even
members of the government.
7.
Individual Rights- The Bill of Rights shields people from an overly powerful government.
8.
Flexibility- The Constitution can be amended and changed.
Popular Sovereignty
Checks and Balances
Republicanism
Limited Government
Federalism
Individual Rights
Separation of Powers
Flexibility
Supreme Law of the Land
Supremacy Clauses
Answer the questions at the bottom of page 8 in your unit packet
Can be found in Article 6 of the U.S Constitution.
This Constitution, and the Laws of the United States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges in every State shall be bound
thereby, any Thing in the Constitution or Laws of any State to the Contrary
notwithstanding. Article 6, Clause 2
What does this clause mean in terms of power between the states and the
federal government?
Why do you think the framers (creators) of the Constitution put this clause
in the document?
Living Constitution
Add this information under the section on flexibility on p. 8
•The Elastic Clause gave the Congress the power to make all laws that they see as
necessary and proper to deal with the changing needs of the country. These
implied powers are not specifically stated in the Constitution. I-8-18- This
expanded the powers specifically given to Congress in the Constitution.
•There are 18 enumerated/ delegated powers given to the Congress.
Examples of enumerated powers- you don’t have to write this in your notes.
-The main job or duty of the Congress is to make and pass laws for the U.S.A.
- To make and borrow money for the U.S.A.
- To regulate trade.
- Establish a post office and build roads.
-Declare war.
-Has final approval of the Federal Government’s budget.- “power of the purse”
-To establish inferior (lower) courts to the Supreme Court.
House of
Representatives
Senate
Living Constitution
Answer the questions at the bottom of page 8 in your unit packet
• Why do you think the Founding Fathers added this clause to the
Constitution? How does this clause help the Constitution become a living
document?
• Can you think of any other implied powers?
Examples of Implied Powers- None of these are powers given to Congress
• Congress sets a federal minimum wage.
• Congress establishes the United States Air Force.
• Congress establishes national parks.
• Congress creates federal laws against pollution.
• Congress makes laws regarding discrimination in employment.
• Congress decides that televisions should have V-chips that enable parents to
block certain shows.
• Congress passes the Gun-Free School Zones Act prohibiting anyone from
possessing a firearm in a school zone.
Learning Goal 10: Students will be able to explain the powers of the three branches of the
federal government.
- Legislative Branch: Congress (makes laws)
- Executive Branch: President (enforces laws)
- Judicial Branch: Supreme Court (interprets laws, Marbury v. Madison)
- Electoral Process (popular vote and electoral college)
Scale:
4
In addition to a 3 student was able
to explain the powers of the three
branches of the federal
government.
3
Student was able to explain the
powers of the three branches of
the federal government.
2
Student was able to identify the
powers of the three branches of
the federal government.
1
Student was able to partially
identify the powers of the three
branches of the federal
government.
Congress- Legislative Branch
House of Congress
Senate
(Upper House)
Main power/ role in the federal
government
Leadership
and number of
members
Make Laws
-Vice President
* Only the Senate
-President Pro
Tempore
-Same as the House of Reps
-Approve Treaties
-Approve appointments to
the cabinet and the
Supreme/ Federal Courts
-Majority Leader
-Minority Leader
Term of Office
in years
Qualifications to be elected to this
House of Congress
6
No
term
limit
-30 years of age
-9 Years a citizen
-Live in the state you
represent
2
No
term
limit
-25 years of age
-7 Years a citizen
-Live in the state you
represent
100 Senators
2 from every
state
House of
Representatives (Lower
House)
Make Laws
- To make and borrow
money for the U.S.A.
- To regulate trade.
- Establish a post office
and build roads.
-Declare war.
-Has final approval of the
Federal Government’s
budget.- “power of the
purse”
-To establish inferior
(lower) courts to the
Supreme Court.
-Speaker of the
House
-Majority Leader
-Minority Leader
435
Representative
Number per
state is based
on the state’s
population.
922,000 = 1
Senate
100 Members
Add this under your chart on p. 9
• Is called the upper house because members are
elected to a longer term (6 years), and because they
stay in office longer they can have more of an
influence in the government.
• Two Senators from a each state.
- Senior Senator- Elected first
- Junior Senator- More recently elected Senator
Senate
• Leadership
Which ever party has
the majority chooses
the leadership.
President of the Senate
Vice President
Joe Biden (D)
United States
President Pro Tempore
Orrin Hatch Utah (R)
Minority Leader
Harry Reid (D)
Nevada
Majority Leader
Mitch McConnell (R)
Kentucky
House of Representatives
435
Add this under the chart on p. 9
• Is the part of Congress considered closest to the will of the
people.
• Elected every two years.
• Any new law (bill) dealing with money (taxes, spending money)
must start in the House.
• Every two years every member of the House and 1/3 of the
Senators is up for re-election.
• Since the ratification of the Constitution, Congresses have been
numbered every two years. Example: Current Congress is the
114th.
• - The Elastic Clause gave the Congress the power to make all
laws that they see as necessary and proper to deal with the
changing needs of the country. These implied powers are not
specifically stated in the Constitution. I-8-18
House of Representatives
Leadership
Which ever party has
the majority chooses
the leadership.
Speaker of the House
Paul Ryan
Wisconsin (R)
Majority Leader
Kevin McCarthy
California (R)
Minority Leader
Nancy Pelosi
California (D)
15
Congressional Committees
• Each newly elected member of Congress is
assigned to a committee.
• Both political parties (Democrat and Republican)
have members on each committee, but the
majority of the members on the committee come
from the majority party.
• Each committee is headed by a chairman.
Types of Committees
• Standing- Are permanent committees. Most bills that go through
the Congress go through a standing committee.
• Select or Special- Is a temporary committee set up to deal with a
specific bill not covered by a standing committee.
• Joint- Can be either a Select or Standing committee. Has members
from both the Senate and House. They investigate other areas of
government or the private sector on behalf of the Congress.
• Conference- As a bill goes between the two house of Congress, the
language of the bill is sometimes changed. A conference
committee is call to re-write the bill so its final form matches what
both the HR and the Senate want. This committee is made up of
members from both houses of Congress.
Congressional Committees
Senate
• Standing
Agriculture, Nutrition, and Forestry
Appropriations
Armed Services
Banking, Housing, and Urban Affairs
Budget
Commerce, Science, and Transportation
Energy and Natural Resources
Environment and Public Works
Finance
Foreign Relations
Health, Education, Labor, and Pensions
Homeland Security and Governmental
Affairs
Judiciary
Rules and Administration
Small Business and Entrepreneurship
Veterans Affairs
Joint
Joint Committee on Printing
Joint Committee on Taxation
Joint Committee on the Library
Joint Economic Committee
Special, Select, and Other
Indian Affairs
Select Committee on Ethics
Select Committee on Intelligence
Special Committee on Aging
Congressional Committees
House of representatives
Standing
Committee on Agriculture
Committee on Appropriations
Committee on Armed Services
Committee on the Budget
Committee on Education and Labor
Joint
Joint Economic Committee
Joint Committee on Printing
Joint Committee on Taxation
Committee on Energy and Commerce
Committee on Financial Services
Committee on Foreign Affairs
Committee on Homeland Security
Committee on House Administration
Committee on the Judiciary
Committee on Natural Resources
Committee on Oversight and Government Reform
Committee on Rules
Committee on Science and Technology
Committee on Small Business
Committee on Standards of Official Conduct
Committee on Transportation and Infrastructure
Committee on Veterans' Affairs
Committee on Ways and Means
Select
House Permanent Select
Committee on Intelligence
Executive Branch- President
Chief Executive
President of the
United States
Main power/ role in the federal
government
Who else is in the
Executive Branch besides
the President?
Term of Office in
years/ limits
1. Enforce laws made by
Vice President
4 Years
Congress
2. Commander in Chief of
the Armed forces.
3. Head of State/ Chief
diplomat
for the United States.
4. Leader of their political
party
Cabinet- Executive
Departments
White House Staff
2 Terms
Qualifications to be elected
35 Years of Age
Live in the U.S. for 14 yrs
Natural born citizen
Powers of the Executive Branch
Main Job
• The Executive Branch is responsible for enforcing the
laws made by the Congress. He/she does this by
signing bills passed in Congress.
George Washington's Legacy
Washington established several precedents (traditions) that
future Presidents would follow out of respect for Washington.
The actions Washington took are not listed in the Constitution as
powers given to the President.
1. Serving only two-terms (term 4 years) of office. 22nd
Amendment made this a permanent change after 1951.
2. Giving the state of the union address every year.
3. Created the cabinet.
22
Executive Branch Leadership
• The leadership of the White House Staff consists of
the President and Vice-President of the United
States and their staffs. Everyone who works in the
Whitehouse
Barack Obama
Joe Biden
President (D)
Vice-President (D)
23
Powers of the Supreme Court
Judicial Branch
Federal Courts
Main power/ role in the federal
government
To look over laws and
decisions of the other
Supreme Court
- 1 Chief Justice branches of government
and determine if they
- 8 Associate
Justices
are constitutionalJudicial Review.
Judicial review is not
mentioned in the
Constitution. It was
created in the Supreme
Court case of Marbury v.
Madison by Chief Justice
John Marshall.
What are the other levels
of federal courts under the
Supreme Court?
Term of Office
in years/ limits
How does someone become a
Supreme Court justice or Federal
court judge?
Supreme Court-1
Term of The Constitution gives no
office is qualifications to be a
Courts of Appeals- 13 for life. Federal court justice or
judge.
U.S. District Courts94
These are the trial
courts were most
federal court cases
start.
When there is an
opening on the
Supreme Court or
another Federal court
the President of the
United Sates
nominates someone,
and then that person
must be approved or
confirmed by the
Senate.
Powers of the Supreme Court
The Supreme Court looks at laws, and actions
of both the Federal and state government to
see if they are constitutional (doesn’t go
against the Constitution). Highest Court in the U.S..
This power is held by the Supreme Court any other
inferior courts that Congress creates.
Supreme Court Building
Powers of the Supreme Court
• The main power of the Supreme Court is Judicial Review. This is the
Court’s power to declare laws or actions made by the other two
branches unconstitutional.
• The power of Judicial Review is not directly given to the Supreme
Court in the Constitution, but was created in a very famous Supreme
Court case called Marbury v. Madison by the Chief Justice at that
time John Marshall.
William Marbury
John Marshall
James Madison
U.S. Supreme Court
Front row: Associate Justices Clarence Thomas, Antonin G. Scalia, John Paul Stevens, Chief
Justice John G. Roberts, Anthony M. Kennedy, Ruth Bader Ginsburg
Back row: Associate Justices Sonia Sotomayor. Stephen Breyer, Samuel A. Alito, and Elena Kagen
Organization of the Judicial Branch
• The Supreme Court- consists of 9 people altogether. Final court of appeals.
1 Chief Justice and 8 Associate Justices. (Justice = Judge)
• U.S. Courts of Appeals- Is underneath the Supreme Court there are the 12 Courts of
Appeals. Each Appeals Court has 3 judges who look at the decisions of the lower
federal Courts to decide if the ruling of the lower court was correct. Appeals courts
check to make sure the lower court applied the law correctly, and that the trial was
fair. They are not concerned with guilty or innocence.
* There is a13th Court of Appeals which hears appeals from special federal courts.
• District Courts- There are 94 District Courts across the United States. Each state has at
least one district court. They are the courts of original jurisdiction in the Federal
government. They handle the majority of the workload in the Federal court system.
These courts have a judge and a jury.
• Special Federal Courts- Hear cases dealing with special areas of federal law.
i.e.- Patent Law, Customs Law, Tax Law
Structure of the Judicial Branch
U.S. Supreme Court
State Supreme Court
Special Federal Courts
U.S. Courts of Appeals
Patent Law, Tax Law, Customs Law
State Appeals Courts
U.S. District Courts
Federal Trial Courts
State Trial Courts
In AZ they are called Superior Courts
Cases dealing with
state or local laws
Cases involving
Federal laws
Cases involving a state gov’t
or foreign diplomat
Presidential Succession
• 25th Amendment (1967)- If the President of the
United State dies in office, the Vice President will
assume the position of the presidency. The 25th
amendment allows for the Vice President to become
president in the event of death, resignation, removal
from office or impairment that prevents the current
president from fulfilling his or her duties.
Getting Elected to Congress or President
1. You must meet the qualifications for that office
(President, Senator or Representative).
2. A person must be chosen by their political party to be
their candidate. This selection of a candidate within a
political party happens in a primary election. People can
run as an independent if they aren’t a member of political
party.
3. After each political party has picked their candidates they
run against each other in the general election to see who
wins that office.
th
17
Amendment
• Changed the way Senators are elected.
• Up until 1913 Senators were chosen by their state’s legislature (like a
Congress for the state).
• 17th Amendment made Senators elected directly by the people.
Electing the President
ELECTORAL COLLEGE•
Is only used to pick the President of the United States and Vice President.
•
The President and Vice-President run together during the election.
•
The Electoral College is a group of people (electors) picked by their state to cast the
final vote for president after the general election.
•
Electors are citizens chosen by their state to cast a vote for the person they want to
be President.
•
Every state is worth so many Electoral College votes. The number of votes a state
has in the Electoral College is based on the number of representatives that state
has (which is based on the population of that state) and that state’s two senators.
Arizona = 11 Electoral Votes
9 Representatives + 2 Senators = 11 Electors
•
The candidate that receives the greatest popular vote wins all of the state’s
electoral votes. “Winner Takes All”
•
•
The general election takes place in November.
The Electoral College meets in December after the general election to cast their
votes.
Electing the President
• The first candidate to win 270 Electoral College votes out of 538 votes is
declared the winner of the election.
• 435 (HR) + 100 (Senate) + 3 Washington DC Electors = 538
•
(23rd Amendment)
• The Electoral College was set up as a way to safeguard against the people
making a bad choice for President. When the Electoral College was
originally created electors did not have to vote for the candidate that
received the most popular votes in their state. Today, the electoral college
is more of a formality. Most states have passed laws requiring electors to
cast their vote for the candidate that receives the most popular votes.
Each political party in a state picks members of their party to be an
elector. Example AZ has 11 electoral college votes, so the Democratic
Party will pick 11 people to be their electors. All the other political parties
do the same. When you vote for your candidate for President, you are
actually voting for you electors, and you are telling them which candidate
they are supposed to vote for in the Electoral College.
Electing the President
.
Electoral College Map
35
th
12
Amendment
• Before the 12th Amendment, the person who came in first in the
Electoral College was President and the person who came in second
was the Vice President.
• 12th Amendment changed this- President and VP run together during
the election and are elected together.
Cabinet
• There are 15 cabinet positions. Each position is
called a department and is headed by a secretary.
The Cabinet serves as a group of advisors to the
President. The President appoints the secretaries to
head each department. The Senate must approve
these appointments
37
Cabinet
Cabinet Departments:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
State- Foreign Affairs, Embassies
Treasury- Money supply, US Mints
Defense- Armed Forces- Army, Navy/ Marines, Air Force
Interior- National Parks, BIA
Justice- FBI, Marshals, ATF, DEA, Federal Prisons
Agriculture- Crops, livestock and farmland
Commerce- Trade
Labor- Health and safety of workers
Health and Human Services- Health care issues
Housing and Urban Development- Safe, affordable housing
Transportation- FAA, Regulate the country’s transportation systems
Energy- Regulate and look at energy use for the country.
Education- Ensure educational access, and quality.
Veterans’ Affairs- To assist Veterans
Homeland Security- Protect the nation from outside attacks
38
How a bill becomes a law
• The founding fathers intentionally made the process of how a bill
(proposed law) becomes a law difficult. They did this so law makers
would have to think about the laws they were making.
House of
Representatives (HR)
1. Bill is Introduced
Read into the record and
assigned a #
How a Bill Becomes a Law
Bill can start in either house
Except a money bill(taxing/
spending)those must start in the HR.
Senate (S)
1. Bill is Introduced
Read into the record and
assigned a #
2. Assigned to a
committee
2. Assigned to a
committee
Hold hearings, conduct
investigations, committee
writes a report and votes
on the bill.
Hold hearings, conduct
investigations, committee
writes a report and votes
on the bill.
3. Floor debate and vote
51% to pass
218/435
4. Conference Committee
Re-write the bill so the
language is the same form both
houses
3. Floor debate and vote
51% to pass
51/100
5. Final Vote- 51% to pass both houses
6. The President signs
the bill.
Goes to the President
8. Bill becomes a Law
7. President can stop the bill by
vetoing it. Congress can override
the President’s veto by a 2/3 vote,
(HR-290/435 and S-67/100) in
each house of Congress.
40
“Checks and Balances”- Text p. 281
Congress
1. Override the President’s veto
2. Impeachment- House of Reps. Brings
charges and the Senate holds a trial
3. The Senate ratifies treaties made by the
President
4. Senate confirms presidential appointments
to the Federal Courts, ambassadors, positions in
the executive branch and cabinet
White House
1.
2.
3.
4.
Confirms appointments
Establish new courts
Impeach justices/ judges
Pass an amendment to the
Constitution
Supreme Court Building
“Checks and Balances”- Text p. 281
White House
1. Veto a bill
2. Call Congress into a special session
3. Propose laws
Congress
1. Pres. Can appoint justices
2. Pres. can pardon criminals
Supreme Court Building
“Checks and Balances”- Text p. 281
Supreme Court
1. Judicial Review- declare actions of
the President unconstitutional
White House
1. Judicial Review- can declare
laws made by Congress
unconstitutional.
Congress
“Checks and Balances”- Text p. 281
Supreme Court
1. Judicial Review- declare actions of
the President unconstitutional
1. Judicial Review- can declare
laws made by Congress
unconstitutional.
Amendment Process- The only way Congress, or the President can to get around
Judicial Review is to add an amendment to the Constitution.
1) The Constitution provides that an amendment may be proposed either by the
Congress with a two-thirds majority vote in both the House of Representatives and
the Senate or by a constitutional convention called for by two-thirds of the State
legislatures.
2) A proposed amendment becomes part of the Constitution as soon as it is ratified by
three-fourths of the States (38 of 50 States).
White House
Congress
Marbury v. Madison
Use the video shown to you in class to answer the following questions in your unit packet p. 16.
1. Explain the details of the case- year, people
involved, issue of the case.
2. How did this case create judicial review? Be
sure to explain what judicial review is.
45
“Amendments 1-10, The Bill of Rights” Text p. 286-288
• First 10 amendments to the Constitution is known as the
Bill of Rights. These amendments list out a citizens basic
rights under the Constitution. It was written by James
Madison, and added to the Constitution to help get it
ratified. Tells the government what they can’t do.
st
1 Amendment
“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 the people peaceably to
assemble, and to petition the government for a redress of
grievances.”
st
1 Amendment
•Freedom of religion.
•The government can’t require citizens to follow or practice a
particular religion. Citizens may practice or not practice any religion
that they wish.
st
1 Amendment
•Freedom of speech.
•The government can’t prevent or stop a person from speaking out
against the government. This includes more than just verbal
speech. It can also include written words, works of art, any kind of
technology that allows people to communicate with each other.
st
1 Amendment
•Freedom of the press.
•The government can’t prevent or stop any news medium from
reporting stories or information about the government. This would
include the internet, television, radio, magazines and newspapers.
st
1 Amendment
•Freedom to peacefully assemble.
•The government can’t prevent or stop any person who wants to
lawfully and peacefully protest.
st
1 Amendment
•Freedom to petition the government for a redress of grievances.
•A citizen can ask the government to explain its actions.
When can the government deny freedom of speech?
1) Make false statements against someone that causes them
harm. Ex- Slander (spoken) or Libel (written)
2) If the speech threatens national security.
3) If the speech encourages others to break the law or incite
others to use violence.
4) If the speech causes panic and results in people to getting
hurt.
5) Words that present a clear and present danger to others or
the United States.
Schenck v. United States
1919
• Charles Schenck was arrested and charged with passing
out pamphlets trying to persuade young men not to
enter the draft during WWI.
• The Supreme Court and Chief Justice Oliver Wendell
Holmes affirmed the lower court ruling stating that
Schenck’s actions were unlawful, and were a clear and
present danger to the United States’ war effort.
“Can’t yell fire in a crowded theatre”
Oliver Wendell Holmes
54
nd
2
Amendment
The right to bear (have) arms (firearms), and to
have a well regulated militia.
3rd Amendment
Government can’t force citizens to
quarter (house) soldiers in their homes
during peace time.
4th Amendment
•The government may not conduct unreasonable
searches and seizures.
•Law enforcement must have probable cause, and
a search warrant that names the exact places to be
searched and persons or things to be seized.
4th Amendment
Mapp v. Ohio (1961)- Evidence obtained in violation of the Fourth
Amendment protection against "unreasonable searches and seizures"
may not be used in criminal prosecutions in state courts, as well as
federal courts. Established the “Exclusionary Rule”.
Terry v. Ohio (1968)- “Terry Stop/Search” (Frisk).
The police can stop a person, and ask questions, without "arresting" the person. Upon seeing
suspicious activity, the police may perform what is called a "Terry Stop," and may temporarily
detain people to request that they identify themselves and to question them about the
suspicious activity. The scope of a "Terry Stop" is limited to investigation of the specific
suspicious activity, and if the police detain people to question them about additional matters,
the stop can turn into an "arrest." For their own safety, the police can perform a "weapons
frisk" on the outside of a person's clothes (sometimes called "patting down the suspect")
during a "Terry Stop." During this frisk, if they feel something that may be a weapon, they may
remove it from the suspect for further examination. However, they are not entitled to remove
items from person's pockets that do not appear to be weapons, even if they believe that the
items are contraband.
5th Amendment
•A person can’t be put on trial for a capital crime (crime
punishable by death), or infamous crime (crimes punishable by
prison or a loss of rights) unless the case is heard by a grand
jury.
*A grand jury is a group of between 12 -23 citizens who hear a
case first to see if there is enough evidence to go on with a
regular trial.
5th Amendment
•Due Process- A person can’t be deprived of life, liberty, or property
without a fair trial.
•Eminent Domain- Private property can’t be taken away for public use
unless the person is compensated.
•Double Jeopardy- The government can’t put a person on trial for the
same crime twice. Exception: if a person is found guilty because of a
legal error, then you can be tried again.
•Don’t have to be a witness against yourself- An accused person
doesn’t have to answer questions asked by the government.
5th Amendment
•Miranda Warning- No person accused of a crime may be forced to be
a witness against him or herself, because in the eyes of a jury or court
it may make the accused look guilty.
•Starting in 1966, after the Miranda v. Arizona Supreme Court case,
police now have to tell those accused of a crime that they have the
right to remain silent, and if they say something it can be used against
them in a court of law. They have the right to an attorney, and if they
can’t afford one the government will provided one free of cost.
Ernesto Miranda
6th Amendment
•Right to a fair, speedy, public trial, with a jury in all criminal cases.
The right to an attorney (lawyer) must be provided in all criminal trials.
Civil Law cases = Cases between two or more private citizens.
Criminal Law cases = The government brings charges against a citizen
for breaking the law.
•After the Supreme Court case of Gideon v. Wainwright, (1963). In all
criminal cases, both federal and state courts must appoint a lawyer to
an accused person if he/she can’t afford one.
Clarence Earl Gideon
7th Amendment
•A trial by jury may be allowed in civil cases dealing with
property or money as long as the value in dispute is over
$20.00.
•An appeals court can only overturn a jury trial’s decision if they
find that a legal error was made in the trial.
8th Amendment
•Courts can’t charge too high amount of bail to the accused.
•The accused is protected against cruel and unusual
punishments.
9th Amendment
•Citizens of the United States are entitled to other rights not
stated in the Constitution.
10th Amendment
•Powers not specifically given to the federal government in the
Constitution, belong to the states or people. Creates federalism
in our government. Powers divided between the state and
national government.
** This is the one amendment in the Bill of Rights that does not
deal with a person’s rights.
Gideon v. Wainwright
Clarence Earl Gideon
• On the back of the Profiles of Freedom video worksheet
complete the following assignment.
• Use the internet to research the Supreme Court case of
Gideon v. Wainwright. Create a circle map defining this
case, and how the Supreme Court ruled.