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Chapter 4 Constitution Barney Fife Video http://www.youtube.com/watch?v=jziW8B_ffAo The People were supreme.

. Text of the Preamble: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The power of the federal government was delegated to it by the States. Any power not delegated to the Federal Government by the Constitution was retained by the States when the Constitution was ratified. - Purposes of the Constitution 1. Establish the Structure of the Federal Government 2. Grant specific powers for the branches of federal government 3. Provide procedural protections for citizens from wrongful government actions Protect individual rights by restricting governments ability to restrict those rights. - Separation of Powers/ Checks & Balances 1. Legislative Branch Congress Enumerated Powers Regulate Commerce Tax and Spend Regulate bankruptcy, patents and trademarks General authority to make laws to carry out enumerated powers Declare War (Senates power) Overrides Presidents veto Impeach president

2. Executive Branch Enumerated Powers Enforce Laws Commander in chief of armed forces Enter treaties and carry out foreign policy (with Senate Consent) Appoint federal judges & Department leaders Propose Legislation Veto Laws 3. Judicial Branch Determines constitutionality of laws Power to interpret laws CONSTITUTIONAL PROVISIONS Powers Granted to the Federal Government Commerce Clause Power to regulate Commerce with foreign nations and among the several states Federal Government can regulate commerce regarding: 1 Foreign Nations Tariffs 2 Interstate Commerce Broad definition of Interstate Commerce 3 Power to Tax and Spend 4. Promote the Common Defense and general welfare - States Retained Police Powers 1. Enforce Criminal Laws 2. Promote Public Order 3. Health & Safety But Feds can set standards 4. Zoning, licensing, dogs and every other fathomable area of the law Birth & Death

- Supremacy Clause Article 4 1. Constitution, laws and treaties of the United States are the supreme law of the land Protected Rights for the States and the People A. Bill of Rights Congress shall make no law 1 First Amendment: http://www.youtube.com/watch?v=puxdQRxlzWQ Different speech gets different protection A. Highest protection - Political Speech 1. Flag Burning 2. Distribution of candidate literature B. Limited Protection Commercial Speech can be regulated more strictly as to time, place and manner of restrictions determined by: 1. Does the commercial speech concern a lawful activity? 2. Is the regulation promoting a substantial government interest? 3. Does the regulation directly advance to claimed government interest? 4. Is the government restriction narrowly tailored to meet the goal? Example Sign code regulating sign size and location Distribution of handout for a sale at a business Bad Frog Beer: Unprotected Speech Dangerous Speech yelling Fire Fighting words likely to provoke hostile response Defamatory Obscene test:

1. Whether average person, applying contemporary community standards appeals to prurient (lustful) interest. 2. Whether it depicts in a patently offensive way, sexual conduct specifically defined by applicable state law 3. Whether it lacks serious literary, artistic, political or scientific value. - Due Process & Equal Protection Cannot be deprived of Life Liberty or Property without due process Procedural Due Process Elements: Is the Government trying to take a liberty or property? Must be before a fair hearing neutral decision maker Amount of due process in proportion to amount of taking Takings Clause Eminent Domain private or public uses Regulations that limit use is it a taking? http://www.youtube.com/watch?v=MwjqJPr84Zc. Substantive Due Process Legislation that restricts Fundamental Rights (Interstate Travel, privacy, voting, all 1st Amendment Rights) must be: 1. Fair and reasonable Can a reasonable person understand the law 2. Necessary to further a compelling government reason

2. Equal Protection Must treat similarly situated individuals in a similar manner Levels of scrutiny Minimal Economic/social differences (rich v. poor) Intermediate Gender Men serving in combat Strict Race, ethnicity, fundamental rights The Hotel I Will work with anyone but the current owner

- Privacy Not specifically addressed in the Constitution 1. http://www.ehow.co.uk/video_4993617_personal-rightprivacy.html FIRST AMENDMENT CASE STUDIES Work in small groups to present the cases