We the People Unit 3 Lessons 15-20

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We the People Unit 3Lessons 15-20
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Timeline of the Course

• September 9th Unit 3 Completed.
• September 23Unit 4 Completed.
• September 30Unit 5 Completed.
• October 26Unit 6 Completed.
• Fall BreakOctober 1-18
• We will divide into our unit teams by Wednesday
  October 26. .
• Work October 26-December 2 in your unit teams.
• Competition DaySaturday December 4 (where we
  make Perry High School proud!!!!!!!!!!! Go Pumas

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Key Terms/Concepts From Unit 3

• Amendment
• Judicial Review
• Delegated Powers
• Patronage
• Platform
• Political Party
• Political Party
• Literacy Test
• Poll Tax
• Incorporation
• Due Process

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Slavery in the Constitution

• Framers did not abolish slavery
• Because Southern states would not have ratified
  Constitution if it abolished slavery.
• Main goal in 1787 create stronger national govt.
• Congress cant ban importation of slaves until
  1808
• Fugitive slave clause free states had to return
  runaway slaves to their owners
• 3/5ths Compromise

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Secession

• Southern States
• States have a right to secede from the Union
  because
• Constitution
• History
• Philosophy

• Northern States
• States do NOT have a right to secede from the
  Union because
• Constitution
• History
• Declaration of Independence

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Dred Scott Case

• Supreme Court ruled (1857)
• African Americans are not U.S. citizens
• Congress cannot prohibit slavery in new U.S.
  territories
• Constitutional Amendment was required to grant
  citizenship to blacks

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Civil War Amendments

• 13th (1865) freed all slaves, outlawed slavery
  permanently in the U.S.
• 14th (1868) all persons born in U.S. are
  citizens states cannot violate citizens rights
  equal protection of the laws
• 15th (1870) right to vote cannot be denied based
  on race

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Failure of Civil War Amendments

1. Executive Branch did not enforce them
2. Congress passed civil rights laws, but President
   refused to enforce
3. Withdrew federal troops from South in 1877
4. Southern states passed black codes to prevent
   blacks from gaining power or equality
5. Former slaves and free blacks were not treated
   equally for another 100 years

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React

• 1. Does the 14th Amendment give states more
  power, or place more limits on state power? How?
• 2. Would each of these examples violate the
  Fourteenth Amendment? If so, which part? Explain.
• Kansas law requires black and white children to
  go to different schools.
• A poor man in Florida is convicted of burglary
  and sent to prison, but did not have a lawyer
  because he could not afford one.
• What are the above two cases?

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14th Amendment

1. Original purpose protect the rights of former
   slaves and free blacks.
2. Made state governments protect citizens
   Constitutional rights.
3. Limited the power of state governments after the
   Civil War.

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14th Amendment

• No state shall deny to any person within its
  jurisdiction the equal protection of the laws
• Applies only to state governments
• Unless other laws exist (Equal Opportunity
  Employment laws)
• Does it require equality of condition?
• Does it require equal opportunity?
• When can people be treated differently by the
  law?
• rational basis
• compelling social interest

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Do these laws violate the Equal Protection clause
of the 14th Amendment? Why/ why not?

• Adults under 21 cant drink alcohol
• Homosexuals cant join the military
• Women cant be firefighters
• Physically handicapped people cant be
  firefighters
• 15 of all Arizona State University students must
  be of a minority race.
• Women cant be guards at all-male prisons
• Only men have to register for the draft

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What is the Doctrine of Incorporation?

• States were seen by the Supreme Court as the
  principal protectors of the individual rights for
  a few decades after the 14th amendment.
• The SC was leery of interpreting the 14th
  amendment in a way that would upset the balance
  of power between the federal government and the
  states.
• Incorporationa process whereby using the due
  process clause of the 14th amendment, deciding
  whether various guarantees in the Bill of Rights
  limit the states as well as the national
  government.
• The SC ruled that the due process clause
  prohibits states from infringing on all the
  rights in the 1st amendment.

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More Terms

• Equality of Opportunity everyone can try to
  achieve the goals they seek, or the pursuit of
  happiness. Laws must not unfairly disadvantage
  anyone in his/her opportunity to seek a variety
  of social goods such as employment, education
  housing,
• Equality of Condition the results or outcomes
  of life will be the same for all, such as
  equality in personal possessions, living
  standards, medical care and working conditions.
• Which equality do you see this country moving
  towards?

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Strict Scrutiny

• Laws that create classifications based on race,
  national origin, religion or status as a legal
  resident are subject to the most rigorous
  judicial scrutiny.
• Laws that deny or dilute the right to vote,
  impede interstate travel, or appear to restrict
  access to the courts are also subject to this
  level of analysis.

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Intermediate Scrutiny

• Classifications based on gender and illegitimacy
  (birth to an unmarried mother).
• Governments that distinguish between groups
  because of gender or illegitimacy must prove that
  the laws are substantially related to an
  important government purpose

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Rational Basis

• All other laws that create classifications,
  including those based on wealth, disability, and
  age, are presumed to be constitutional.
• Courts presume that the deliberative process that
  legislatures use to enact laws ensures their
  rationality.

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What Do You Think?

• What level of judicial scrutiny should apply in
  the following situations? Please be able to
  explain your reasoning in light of the criteria
  described regarding each level of scrutiny.
• Key to remember is the 14th Amendments equal
  protection clause applies only to the states.
• Both due process and equal protection standards
  require government to treat people fairly.

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Situations

• Rejecting an 85 pound women from admission to the
  firefighters academy.
• Requiring drivers over age 75 to take an annual
  drivers exam.
• Disqualifying a female student in a public high
  school from participating on the boys wrestling
  team.
• Refusing to put elevators in a county courthouse.
• Incarcerating homeless persons with documented
  mental disabilities.

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Equal Protection Cases

• Plessy vs. Ferguson (1896)
• Segregation by race does not violate the equal
  protection clause as long as the separate
  facilities were equal
• separate but equal doctrine
• Allowed states to continue racial segregation
• Brown vs. Board of Education (1954)
• Separate educational facilities are inherently
  unequal
• Overturned Plessy decision
• Outlawed segregation in every state
• Not followed in some southern states until forced
  by federal troops

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Civil Rights Movement

• African Americans fought to have the 14th
  Amendment enforced in the 1950s
• Wanted to fulfill the promise of the
  Constitution
• Court cases (Brown vs. Board)
• Used 1st Amendment rights
• Speech
• Religion
• Press
• Assembly
• Civil Rights Act passed in 1964
• Voting Rights Act passed in 1965

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Thinking Action

• In each category below, place the groups in
  order, based on how much POWER you think they
  have in our country today.
• What is the reason some groups have more power
  than others in our country?

• AGES
• 18-24 year-olds
• 25-44 year-olds
• 45 and older

• RACE
• White
• Black
• Hispanic
• Asian

• EDUCATION
• Less than high school
• High School graduates
• 1-3 years of college
• College graduates

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Unit 3 Follow-Ups

• How does the 14th Amendment specifically address
  the problems faced by African-Americans before
  the Civil War?
• How did ratification of the 14th Amendment
  reflect the failure of the original Constitution
  to achieve the goals stated in the Preamble?
• Has incorporation undermined the
  Anti-Federalists desire to protect state
  sovereignty through a Bill of Rights?
• The impact of the 14th Amendment did not really
  take effect until the 1920s. Why do you think
  it took so long for the Amendment to take effect?
• In your opinion, is Affirmative Action consistent
  or inconsistent with both the principles and the
  literal words of the 14th Amendment? Explain
  your position.
• The words substantive due process are nowhere
  to be found in the literal language of the
  Constitution nor within the debates of the
  framers. Given that, is there any legitimate
  constitutional basis for protecting substantive
  due process?

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Unit 3 Follow-Ups

• Does a state, under our social contract and
  constitutional system, have a right to secede
  from the union? Why or why not?
• Is there a right to privacy under our
  constitutional system of law? If so, where do
  you find this right?
• Are political parties a means that unite the
  American people or are they instruments of
  discord and dissension which divide us as
  citizens? Explain your answer.
• Why is it that third parties have never really
  caught on in Americas political culture? Do you
  see that changing in the near future?
• Could Americas constitutional democracy survive
  without political parties? Why or why not?

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Unit 3 Follow-Ups

• Is voting in your opinion a fundamental right?
  If so, then how do we justify denying anyone the
  right to vote?
• Given that we are a republic and not a direct
  democracy, does low voter turnout really
  undermine American democracy? Explain your
  answer.
• Since the founding period, we have expanded the
  vote to include all adult (over 16) Americans who
  are not institutionalized. Is there any
  necessity to expand voting rights to any other
  group or to change federal voting laws?
• Why did women argue that the 14th Amendment gave
  them the right to vote? How did the Supreme
  Court counter their argument?
• What reasoning supported tying the vote to
  property ownership? Do you agree or disagree
  with that reasoning?

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Unit 3 Follow-Ups

• Is Judicial Review necessary to having a
  Constitutional Republic? Why or why not?
• Brutus, in his 15th paper argued that the Framers
  had established a system which would lead to
  Judicial tyranny. Was he correct? Why or why
  not?
• Explain Chief Justice John Marshalls rationale
  behind the Marbury decision which legitimized the
  authority of Judicial Review. Was Marshall right
  given that the term judicial review is not
  mentioned in the Constitution?
• Some judicial experts believe that the debate
  over the method of interpretation, i.e., judicial
  activism is a political debate, not a
  constitutional debate. They cite that there is
  not mentioning within the founding documents of
  guidelines to how Justices should interpret the
  Constitution. Do you agree with these critics?
  Why or why not?
• Thomas Jefferson believed that both the Executive
  and Legislative Branches had the equal power to
  interpret the Constitution as the Judiciary. Do
  you agree? Why or why not?
• Some critics argue that the Supreme Court is a
  body with no effective checks on power. Do you
  agree with these critics? Why or why not?