bill of rights 411
TRANSCRIPT
PROMPT: List at least 2 legal documents that list human rights. Write response in margin.
The Bill of Rights The First
10 Amendments
Sources: http://www.slideshare.net/tenneys/the-bill-of-rights-295915
IMAGES ENHANCES RETENTION BY 300%
Choose the right YOU think is the MOST important and make a tally mark next to it The 1st Amendment
5 Protected Rights :
1. Religion
2. Speech
3. Press
4. Assembly
5. Petition
ReligionEstablishment clause
“Separation of Church & State” The Government
Can…
• Teach about religions in school
• Transport students to a religious school
IMAGES ENHANCES RETENTION BY 300%
QUESTION: A WWI cross monument was installed on public lands. A Buddhist requested the right to install a monument nearby. He was denied. Was this fair according to the 1st Amendment?
ReligionEstablishment clause“Separation of Church
& State” The Government Cannot…
• Set a state religion • Order prayer• Create laws that help or harm religion• Teach religious doctrine in the school• Pay seminary teachersQUESTION: Do you think that the government
can teach creationism or intelligent design? Explain. Respond in margin
IMAGES ENHANCES RETENTION BY 300%
WOW! This is a picture of torture
during the Spanish Inquisition
QUESTION: How does this picture and the one on the previous slide demonstrate the need for separation of church and state (GOVT)? Respond in margin.
Religion Free Exercise Clause
People Can…
• Choose & practice their religion
• Celebrate holidays
People Cannot…
• Break the law and claim it is religious belief
• Raise children without education
• Deprive children of basic needs
Free speechPeople CAN…
• State their political beliefs including criticizing govt
• Protest (without getting out of control)
• Say things about someone that are true
• Making racist remarks • Expression: gestures (I.e.,
staying seated during Pledge, wearing a peace armband, burning the flag etc), art, banners, lyrics, posters
The Tinker Case
Free speechPeople CANNOT (limits on speech)…
• Incite (start) riots/violence• Make Threats (I.e., to blow up
airplanes)• Sexually harass • Commit slander (untruthful spoken
words that damages another’s reputation) or libel (see freedom of the press)
• Clear and Present Danger: Put the public in danger (I.e., yelling “Fire!” in a crowded theater)
• Obscenities in a public forum• Disrespectful, vulgar language in
schools
Modesty patch
Hey! Can
they do that? Respond in margin.
Freedom of the PressThe Press Can…• Print any political position• Satirize people, especially
politicians• Expose wrongs by the
government• Report the news even
controversial events & issues
Question: How does freedomof the press prevent the abuseof power? Give an example.Respond in margin.
Freedom of the Press
The Press Cannot…
Commit Libel:intentionally
injuringa person’s
reputationby false facts
throughwritten word
IMAGES ENHANCES RETENTION BY 300%
QUESTION? Why is Freedom of Assembly an important right? Why do people assemble (gather)?
Freedom of Assembly
People Can…
• Protest (with permit)• Parade (with a
permit)• Parade chanting
hate slogans• Congregate in public
Freedom of Assembly
People Cannot…
• Protest by throwing rocks and breaking windows
• Hang out on private land against owners will - loitering
• Break Teen curfew• Incite a riot (i.e.,
during a protest calling police officers “pigs!”)
QUESTION: Is this assembly protected? Explain. Respond in margin.
Petition• You may sue the
government for wrongs. This is known as a redress of grievances.
• Write and sign petitions to govt officials.
2nd AmendmentRight to Keep & Bear
Arms• Do you have the
rights to own ANY weapons?
• Should only military people possess weapons?
• What is a weapon?The worst weapon known to man in
1791 would have been a cannon.
3rd AmendmentQuartering Soldiers
• Created in response to the British laws before the Revolution.
• No real importance today, other than the fact that it shows that we have a right to privacy in our homes.
…takes you to the computer lab. The girls take their purses. At the end of class, a girl screams, “Someone took my iPhone!” The only person that could have taken it is in the class. For this activity, let’s assume no
one left the room at any time.
Imagine your teacher...
QUESTION: What should happen next?
http://www.slideshare.net/lntrullin
4th AmendmentSearch & Seizure
• Plain View: if they see something in plain sight it constitutes PROBABLE CAUSE
• Restricts police from stopping & searching you without a reason: PROBABLE CAUSE
• Probable cause: reasonable belief that someone commited a crime (i.e., fingerprints, on video tape)
• Stop and Frisk (i.e., airports)• A search warrant must be
specific as to the place to be searched. It must be signed by a judge.
• Exclusionary rule: if a judge determines that the search was illegal, even if they find evidence, they CANNOT use that in court
5th AmendmentRights of the Accused
You cannot be tried for the samecrime twice
“Double Jeopardy”You do not have to testify againstyour self (self-incrimination).Miranda Court Case = Mirandarights
“I plead the fifth”Steps from arrest to convictionmust be fair.
“Due Process”The government cannot take
privateproperty for public use unless itpays (i.e., the need to build a
road)“eminent domain”
“Grand Jury”: Determines there is sufficient evidence for a trial; if yes, an idictment would be issued. “Indict” means to bring formal charges against.
“Habeas Corpus”: They cannot hold u indefinitely; must be told the charges against u
Criminal Justice
Punishment=jail time, death, probation
6th AmendmentRight to a Fair, Public,
Speedy Trial1. Right to a speedy trial.
2. Right to a public trial.
3. Right to a Trial by Jury– Unanimous decision– “beyond a reasonable
doubt”
4. Confront witnesses.
5. Right to an Attorney.
Criminal Justice
7th AmendmentRight to a Trial by Jury in Suits of Common Law
• Sue for breach (break) of contract (not paying the rent), injuries & damages(I.e., car accident)
• In civil cases, you are allowed to have a trial by jury. They rule in the favor of one party and the decision doesn’t have to be unanimous – “preponderance of evidence”
• It is possible to be tried both a criminal court & a civil court.
Civil CourtPunishment=$ &/or property
8th AmendmentExcessive Bail, Cruel & Unusual
PunishmentBail: money you pay to get
out of jail while you wait for a trial. The money is returned when you show up for court.
QUESTION: Should we denybail to terrorist suspects?
QUESTION: Is the deathPenalty “cruel” or
“unusual”punishment?
9th AmendmentRights Retained by the
People• We have SOOOO many rights…can
never list them all…SOOOO…this Amendment “covers all the bases”
• Any rights not spelled out in the Constitution, then belonged to the people.
• Example: The right to walk your dog, to travel on vacation, to have a family, to ride your bike, to read a book, etc…
10th AmendmentPowers Reserved for
States & People
Any powers not spelled out in the
Constitution belong to the states
(education, marriage, divorce, etc)
Example: the Constitution is silent about driving a car. The power to grant licenses is a power of the states. Each state has its own law.– Driving Age
• 15 - South Carolina• 16 - Ohio
Jeanne Duba