mr. calella constitutional law u.s. constitutional principles

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Mr. Calella Mr. Calella Constitutional Law Constitutional Law U.S. U.S. Constitutional Constitutional Principles Principles

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Page 1: Mr. Calella Constitutional Law U.S. Constitutional Principles

Mr. CalellaMr. Calella

Constitutional LawConstitutional Law

U.S. Constitutional U.S. Constitutional PrinciplesPrinciples

Page 2: Mr. Calella Constitutional Law U.S. Constitutional Principles

Opening Discussion QuestionsOpening Discussion Questions Take a few minutes to discuss the Take a few minutes to discuss the

following questions with a partner following questions with a partner and jot down some of your thoughts and jot down some of your thoughts for a class discussion…for a class discussion…

1.1. What is a constitution? Purpose?What is a constitution? Purpose?

2.2. Why are constitutions written?Why are constitutions written?

3.3. How should institutions of govHow should institutions of gov’’t be t be organized?organized?

4.4. Why has the U.S. Constitution Why has the U.S. Constitution endured?endured?

Page 3: Mr. Calella Constitutional Law U.S. Constitutional Principles

Constitutional Constitutional PrinciplesPrinciples

Page 4: Mr. Calella Constitutional Law U.S. Constitutional Principles

Popular SovereigntyPopular Sovereignty

Preamble of the Preamble of the Constitution Constitution expresses idea that expresses idea that source of power source of power rests with the rests with the people (“We the people (“We the People”)People”)

ExamplesExamples Vote for Vote for

representativesrepresentatives Indirect vote for Indirect vote for

president-Electoral president-Electoral CollegeCollege

Page 5: Mr. Calella Constitutional Law U.S. Constitutional Principles

Limited GovernmentLimited Government 11stst and oldest written constitution in the and oldest written constitution in the

worldworld Designed to prevent tyranny experienced Designed to prevent tyranny experienced

under British rule, which had an unwritten, under British rule, which had an unwritten, open-ended constitutionopen-ended constitution

You limit the the governmentYou limit the the government’’s powers by s powers by stating its powersstating its powers

Show YouTube video from Bill of Rights Show YouTube video from Bill of Rights Institute – “The Rule of Law” Institute – “The Rule of Law” (in “Law” (in “Law” folder)folder) What does the phrase “the rule of law” mean in What does the phrase “the rule of law” mean in

your own words?-Discussyour own words?-Discuss

Page 6: Mr. Calella Constitutional Law U.S. Constitutional Principles

FederalismFederalism With failure of the Articles of Confederation With failure of the Articles of Confederation

(1(1stst Const.), framers tried to balance Const.), framers tried to balance centralized authority with state sovereigntycentralized authority with state sovereignty States needed to sacrifice some of their sovereignty for States needed to sacrifice some of their sovereignty for

the sake of national unitythe sake of national unity

FEDERALISM-Division of power between FEDERALISM-Division of power between federal and state governmentsfederal and state governments

Constitution enumerates federal powerConstitution enumerates federal power 1010thth Amendment-all other powers belong to Amendment-all other powers belong to

statesstates Supremacy Clause (Art. VI)-Constitution and all Supremacy Clause (Art. VI)-Constitution and all

federal laws are supreme to state laws if there federal laws are supreme to state laws if there is conflictis conflict

Page 7: Mr. Calella Constitutional Law U.S. Constitutional Principles

Separation of PowersSeparation of Powers Government Government

divided into 3 divided into 3 branches: branches: legislativelegislative (Art. I), (Art. I), executiveexecutive (Art. II), (Art. II), and and judicialjudicial (Art. III) (Art. III)

Each branch has Each branch has specific powers but specific powers but must work with must work with others for others for government to government to functionfunction

Page 8: Mr. Calella Constitutional Law U.S. Constitutional Principles

Separation of Powers (cont.)Separation of Powers (cont.) Framers took idea from Framers took idea from

Enlightenment philosophersEnlightenment philosophers Used to avoid tyranny-you make Used to avoid tyranny-you make

something less powerful by dividing something less powerful by dividing it upit up

Congress is further divided into 2 Congress is further divided into 2 houses (Senate and House of houses (Senate and House of Representatives)Representatives)

Page 9: Mr. Calella Constitutional Law U.S. Constitutional Principles

Checks and BalancesChecks and Balances Prevents one branch from becoming Prevents one branch from becoming

more powerful than the othersmore powerful than the others Branches have ways of checking and Branches have ways of checking and

balancing the power of the othersbalancing the power of the others Open document on wiki “Powers of the Open document on wiki “Powers of the

3 Branches” and have pg. 63 open on 3 Branches” and have pg. 63 open on e-book-e-book-PLAY “CLAIM YOUR POWERS!”PLAY “CLAIM YOUR POWERS!”

Must separate into 6 teams (Congress Must separate into 6 teams (Congress 1, Congress 2, Executive 1, Executive 1, Congress 2, Executive 1, Executive 2, Judiciary 1 and Judiciary 2)2, Judiciary 1 and Judiciary 2)

10 Class Participation points on the 10 Class Participation points on the line!line!

Page 10: Mr. Calella Constitutional Law U.S. Constitutional Principles

The U.S. ConstitutionThe U.S. Constitution

Page 11: Mr. Calella Constitutional Law U.S. Constitutional Principles

Preamble to the ConstitutionPreamble to the Constitution Access the U.S. Constitution on your Access the U.S. Constitution on your

iPads and read the PreambleiPads and read the Preamble Why do you think a preamble was Why do you think a preamble was

included? Purpose?included? Purpose? What does it mean today? What does it mean today? In pairs In pairs

come up with modern day examples come up with modern day examples for the following: 1)establish justice, 2) for the following: 1)establish justice, 2) ensure domestic tranquility, 3)provide ensure domestic tranquility, 3)provide for common defense, 4)promote the for common defense, 4)promote the general welfare, 5)secure blessings of general welfare, 5)secure blessings of liberty to ourselves and our posterity. liberty to ourselves and our posterity. Use Ipads!Use Ipads!

Watch YouTube video-”The Preamble”Watch YouTube video-”The Preamble”

Page 12: Mr. Calella Constitutional Law U.S. Constitutional Principles

Article I (Congress)Article I (Congress)

Page 13: Mr. Calella Constitutional Law U.S. Constitutional Principles

Art. I, Sec. 1: CongressArt. I, Sec. 1: Congress 11stst article to stress importance article to stress importance Branch that directly Branch that directly

represents/responds to the peoplerepresents/responds to the people Show video on Show video on

YouTube-”Representative YouTube-”Representative Government”-Government”-See next slide for See next slide for activityactivity

Page 14: Mr. Calella Constitutional Law U.S. Constitutional Principles

Dialectical JournalDialectical Journal 1 quote or scene 1 quote or scene

you want to you want to expand onexpand on

1 quote or scene 1 quote or scene you want to you want to expand onexpand on

Analyze, Evaluate, Analyze, Evaluate, or Interpret itor Interpret it

Personal Personal connection, ask a connection, ask a High Level High Level question, or make question, or make a predictiona prediction

Page 15: Mr. Calella Constitutional Law U.S. Constitutional Principles

Two Houses of CongressTwo Houses of Congress

Art. I, Sec. 2: House Art. I, Sec. 2: House of Representativesof Representatives Elected every 2 yearsElected every 2 years Reflect concerns and Reflect concerns and

feelings of the peoplefeelings of the people Representation Representation

depends on population depends on population (at least 1)(at least 1)

Power to impeach Power to impeach (bring charges)(bring charges)

Art. I, Sec. 3: SenateArt. I, Sec. 3: Senate

Elected every 6 yearsElected every 6 years Provide stability in this Provide stability in this

branch of governmentbranch of government Each state has 2 Each state has 2

SenatorsSenators

Becomes the jury for Becomes the jury for an impeachment trial an impeachment trial (removal)(removal)

Page 16: Mr. Calella Constitutional Law U.S. Constitutional Principles

Activity: Who are your Reps?Activity: Who are your Reps? In pairs, choose one of your Senators or In pairs, choose one of your Senators or

the rep in your district and answer the the rep in your district and answer the following questions by visiting their following questions by visiting their websitewebsite

1)Name? 2)Party? 3)When elected? 4)Is he 1)Name? 2)Party? 3)When elected? 4)Is he more likely than not to agree with the more likely than not to agree with the President’s policies, explain? 5)Choose 3 President’s policies, explain? 5)Choose 3 issues affecting the country and/or New issues affecting the country and/or New Jersey and explain his stance on each. 6) Jersey and explain his stance on each. 6) Based on what you found out, explain in 1 Based on what you found out, explain in 1 paragraph why you would or would not paragraph why you would or would not vote this person next election.vote this person next election.

Page 17: Mr. Calella Constitutional Law U.S. Constitutional Principles

Art. I, Sec. 7: How a bill Art. I, Sec. 7: How a bill becomes lawbecomes law

Watch YouTube video-”Just a Bill”Watch YouTube video-”Just a Bill” See flow chart on wiki pageSee flow chart on wiki page

(gcalella.wikispaces.com)(gcalella.wikispaces.com)

Page 18: Mr. Calella Constitutional Law U.S. Constitutional Principles

Art. I, Sec. 9: Powers Denied to Art. I, Sec. 9: Powers Denied to Congress Congress

CONGRESS MAY CONGRESS MAY NOTNOT Suspend Writ of Habeas CorpusSuspend Writ of Habeas Corpus Pass Bills of AttainderPass Bills of Attainder Pass Ex Post Facto LawsPass Ex Post Facto Laws

ACTIVITYACTIVITY

*In pairs, go to wiki and then to Law Dictionary *In pairs, go to wiki and then to Law Dictionary linklink

*Find and write the definition for each of the 3 *Find and write the definition for each of the 3 terms terms

*Write a hypothetical scenario for each of the 3*Write a hypothetical scenario for each of the 3

Page 19: Mr. Calella Constitutional Law U.S. Constitutional Principles

Art. I, Sec. 8: Powers of CongressArt. I, Sec. 8: Powers of Congress Taxation (pay for “common defense” Taxation (pay for “common defense”

and to ensure “general welfare”)and to ensure “general welfare”) CreditCredit Interstate and international commerceInterstate and international commerce NaturalizationNaturalization Patents and copyrightsPatents and copyrights Lower federal courtsLower federal courts Declare warDeclare war Maintain militaryMaintain military Elastic ClauseElastic Clause

Page 20: Mr. Calella Constitutional Law U.S. Constitutional Principles

Activity: SOPAActivity: SOPA Go to Wiki page and click on link for Go to Wiki page and click on link for

SOPA ActivitySOPA Activity In pairs, read the articles (all linked In pairs, read the articles (all linked

to the site) and answer the 6 to the site) and answer the 6 questions that followquestions that follow

We will have a class discussion on We will have a class discussion on these issues in 30 minutesthese issues in 30 minutes