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Unit 4 Notes and Assignments

Unit 4, Day 1

The Living Constitution

Chapter 8

The Elastic Clause

Allows Congress to pass laws needed to govern the country.

Also known as the “necessary and proper” clause

The Elastic Clause(cont)

Expands Congress’ powers, but they are still limited.

Judicial Review???


Implied Powers

Strict v. loose interpretations

Amending the Constitution

Amending Process

See pp. 120

Proposal & Ratification


Freedom of Speech?

First Amendment

Protects basic rights


Speech & Press


Right to Petition

The Tinker Case(1969)


How the Supreme Court affects you W/S.

Groups. Hazelwood case. Get as much as you can done and bring next class for discussion.



Unit 4, Day 2

Discuss Hazelwood case sheet

Homework questions @


2nd Amendment

Right to bear arms

Does it allow for gun control?

What if the writers of the Constitution could have seen into the future?

3rd Amendment

Quartering of troops

Reaction to British policy during colonial period.


     during wartime  &

     Congress must pass


4th Amendment

Search & Seizures

Must have warrant

Descriptions of place and items to be seized.

Mapp v. Ohio(1961)

Exclusionary Rule

Exceptions: evidence gathered after a lawful arrest, inspections by customs or border officials, searches made with the suspect's consent, searches of items in plain view, and searches of the belongings of secondary students on school property

Quiz  pp. 119-127, next class

1.What is the “necessary and proper” clause?

2. How many states does it take to ratify an amendment to the Constitution?

3. What is the Bill of Rights?

4.Name four freedoms protected by the 1st Amendment.


5. What freedom was addressed in the Tinker case?

6. 2nd Amendment?

7. 3rd Amendment?

8. 4th Amendment?



When is a search warrant not necessary?

Get as much done as you can and bring for discussion next time.

P. 119-127 quiz


Unit 4, Day 3

P. 119-127 quiz

The 5th Amendment

Due process-proper legal proceedings.

Rights of the accused

Grand jury-decides if there is enough evidence to hold the accused for trial.


Indictment- jury decides the person should be held for trial.

Acquit- not enough evidence

Double Jeopardy

If acquitted, may not be tried for the same crime.

Exception – can be tried in state and Fed courts for the same crime.


Cannot be forced to take the stand.

O.J. Simpson case

Eminent domain

Govt right to take private property for public use.

Must pay owner fair price.

Kelo v. New London (2005)

Miranda v. Arizona(1966)

The 6th Amendment

Speedy trial

Change of venue

OK City bombing

Face your accuser

Right to call witnesses in your own behalf.

Subpoena- summons to testify

Gideon v Wainwright(1963)

Right to counsel


Due process under 5th and 6th Amendment


Rights informed

Grand jury

Trial by peers

Right to counsel


Read Kelo v. New London

Writing assignment.

½-1 page.

Do you agree with the ruling? Explain.



























Unit 4, Day 4

Discuss Kelo v. New London.

The 7th and 8th Amendments

7th –Sets amount for civil suits.


Bail-guarantee that a person will appear in court.

Forfeited for not showing up for court.

8th (cont)

Cruel and unusual punishment

Death penalty??


Furman v Georgia (1972)

 death penalty was applied mainly to the poor and blacks.

Reversed by Gregg v Georgia(1976)

Two task of juries

1. Decide innocence or   guilt

2. Decide the sentence

9th Amendment

Rights not listed

Privacy, travel, live anywhere

10th Amendment

Rights of the states


Read Death Penalty in class

Read Roe v. Wade

Answer questions


Unit 4, Day 5

Roe v. Wade discussion


13th Amendment

Abolished slavery

Jones v. Mayer(1968)

Private individuals and companies cannot discriminate.

“badges of slavery”


14th Amendment


Equal protection


15th Amendment

Black males right to vote

19th   Amendment

Women’s suffrage –right to vote.

24th Amendment

Eliminated poll taxes, literacy test

26th Amendment 18-year-olds


Next class

Unit 4 Test

Start on Civil Rights Project.