US History, October 12 • Entry Task: Electoral College Review: Quick

Cartoon Character Election!• Announcements:

– LETTERS - We will hopefully finish on Wednesday (Chromebook cart)

– Test coming up next Tuesday - Study Guide tomorrow!

– Today: Bill of Rights BINGO (You’ll still learn, I promise) - Why is the Bill of Rights so important to us as individuals?

Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito,

and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia,

Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

What do the words LIBERAL and

CONSERVATIVE mean?http://www.balancedpolitics.

org/ideology.htm

Articles of the Constitution

1. Delaware 30 – 02. Pennsylvania 46 – 233. New Jersey 38 – 04. Georgia 26 – 05. Connecticut 128 – 406. Massachusetts 187–1687. Maryland 63 – 118. South Carolina 149 – 739. New Hampshire 57 – 4710. Virginia89 – 7911. New York 30 – 2712. North Carolina 194 – 7713. Rhode Island 34 – 22

Ratify

struggle

In order for the new Constitution to become the “law of the land”, 9

of 13 states had to ratify the Constitution.

Ratification wasn’t easy…

• Federalists worked hard to convince people in New York via the Federalist Papers (example: checks and balances)

• George Washington, 1st President, appointed 2 prominent Anti-Federalists to his cabinet – Edmund Randolph & TJ

• James Madison promised that a Bill of Rights would be their first priority

1. FREEDOM of Religion, Press, Speech, Assembly, Petition

2. RIGHT TO KEEP AND BEAR ARMS

3. No QUARTERING of soldiers in peacetime

4. NO UNREASONABLE SEARCH and SEIZURE

5. PROTECTION of ACCUSED

6. RIGHT TO A SPEEDY, PUBLIC TRIAL BY JURY

7. TRIAL BY JURY IN CIVIL SUITS

8. NO EXCESSIVE FINES or CRUEL PUNISHMENT

9. POWERS RESERVED TO THE PEOPLE

10. POWERS RESERVED TO THE STATES

First 10 Amendments to the Constitution in 1791

Rights and freedoms won in the Revolution are preserved and

protected…

Bill of Rights BINGO• Use your book (p.166) to identify the amendment

addressed (either freedom or limitation) – and mark off your space. You must be able to briefly describe (see example below). Afraid of not getting BINGO? Write down ALL of them on a piece of paper :)

• Example: Can you burn a flag as a form of protest?

Yes – “symbolic speech”Texas v. Johnson (1989)

When you have a BINGO, you must give the # + Letter + Amendment # + “Freedom of speech”

1. Can you yell “FIRE” in a crowded theater?

Not falsely.Schenck v. United States 1919

-Presented a “clear and present” danger-1969 – Brandenburg v. Ohio (1969) –

“imminent lawless action” test: gov’t can’t punish abstract advocacy of force or law

violation

2. If someone wears a “F#@& the draft” label on clothing in a courthouse, can they be

sentenced to 30 days in jail?No: CA cannot make the simple display

of the four letter word a crime- Cohen v. CA (1971)

3. Can the police search a house for suspected bomb and gambling materials but find drugs and use

that against you in court?No –Exclusionary Rule, but Police

can use evidence in plain sight or to ensure safety

Mapp v. Ohio (1961)

3b. A student refuses to leave the auditorium when asked by a teacher.

The principal takes a paddle and gives the student 20 hard whacks on the bottom while assistant principals held him down. The student needs

medical attention.Ingraham v. Wright (1977)

Corporal punishment in schools is not prohibited – but IS against a WA state law

4. Can Congress pass a federal law that would withhold 10

percent of a state’s highway funds if it did not raise its

minimum drinking age to 21?

Yes. South Dakota v. Dole (1987)

National Minimum Drinking Age Act passed in 1984

5. Can I print an article that says 2 coaches of prominent

teams fixed games?No – Libel (written) and Slander – must be

“reckless disregard” for truth and set “actual malice”

- Curtis Publishing Co. vs. Butts (1967) – if info is recklessly gathered and unchecked

- NY Times Co. v. Sullivan (1964) – illegal if author lied w/ intent to defame

6. A jury finds you innocent of a crime. A judge disagrees. The

judge reexamines your case, finds no change in evidence, but declares you guilty instead.

Problems?Yes. Reexamination Clause

7. Students at LSHS did not get the chicken for the Homecoming game and a riot breaks out. The Governor sends out the National Guard to keep the peace. A group of the National Guard need a place to stay. Do

you have to let them in for the night?

No.

8. Citizens United was barred from releasing a documentary

critical of Hillary Clinton 2 weeks before the Democratic candidate

was chosen for 2008 election. Was this ok?

Citizens United vs. Federal Election Commission (2010) overturned

Bipartisan Campaign Reform Act (2002)

9. Can police search a home without a warrant if one person

gives consent (wife: my husband has drugs) but another (husband:

don’t come in the house) does not?

Georgia v. Randolph (2006)Not without a search warrant.

10. A new law is passed by Congress and the President that is

meant to reduce illegal gun trafficking for more tracing of

handguns and tougher penalties for people who illegally sell guns.

People feel this is unconstitutional. What do you think?

June 26, 2008, in District of Columbia v. Heller, the Supreme Court ruled 5-4 that the "right to

bear arms" is an individual right BUT regulations are allowed.

11. Why can I, as an individual citizen, get up in the morning, go to

work, eat the foods I want, and pretty much live my life without

worrying that I’m violating the laws of the Constitution?

11b. A person in Federal prison is charged with a Texas crime. 7 years later, the State of Texas had not prosecuted

the case. Problem?Smith vs. Hooey (1969) – charges

were dropped

12. If I am accused of cheating on Mrs. Chilson’s history test

and I’m taken to court, do I haveto answer all the questions the judge or lawyers ask me even if

I think the answer I givemight hurt my case? What if I really did cheat? Do I have to

say that I did?

13. Can New Orleans BAN preaching from Bourbon Street after dark (penalty up to 6 mo. Jail time and $500 fine)?

Federal judge temporarily blocked enforcement of the law. Ban was removed (2013)

14. A pregnant woman is suspected of cocaine use. Can a hospital test her for drug use and report results to police officials?

Ferguson v. City of Charleston (2001)

15. A man sells morphine to the same person 3 times within 3 days. Can he be

punished for selling drugs to the same person 3x?

Yes – Blockburger vs. US (1932).? though, about Double Jeopardy

15b. Chicago had a ban on possession of handguns. Otis

McDonald’s home had been broken into 5x. He wanted to buy a

handgun to defend his home. Does he have the right to buy one?

Yes – McDonald v. Chicago (2010)

16. A person is convicted of theft associated with the mob. For

punishment, they are held subject to extreme torture until they confess to

other crimes, and then executed. Problem?

17. An American citizen with Asian heritage is a criminal on trial. In jury selection, any Asian potential jurors were excluded because they might

be sympathetic.

Hernandez v. Texas (1954) If you are the first to find which Amendment was used to declare this unconstitutional,

you will get a FREEBIE!

18. In 1930, eight black youths were sentenced to death in a hastily

carried-out trial without the benefit of a lawyer. In 1932 (Powell v.

Alabama), the Supreme Court set aside these convictions. Why?

No – Freedom of religion (not without other religions or secular

symbols also represented – Santa, reindeer)

Obama – has Christmas tree in White House

Everett – 10 Commandments deemed part of history, not a

religious symbol

19. Can a courthouse set up a Christmas display - nativity?

20. Marijuana is an illegal substance by federal law. Can a

California law allow citizens to grow marijuana for personal,

medical use?

Gonzalez v. Raich (2005)

21. Can evidence be used from an undercover informant who refuses to give witness because it would blow their

cover?Confrontation Clause – Smith vs. Illinois (1968)

22. If the police stop you for speeding, can they search your

car?They can ask; you can politely

refuse. Police must have probable cause.

23. Can the army be stationed to stay in your home during

wartime?

No – quartering of troops

24. Can you use poisonous snakes in a religious ceremony?

Yes/No according to state, 1st Amendment – Public safety overrides religious freedom

October 18 – Writing Objective

•Why is the Bill of Rights so important to

us as individuals? Use 3 specific examples to support your answer.

25. Can you pray in schools?

-Yes – must be student-led and silent; no moments of silence

Engel v. Vitale (1962)No loudspeaker at games: Santa Fe

Independent School District v. Doe (2000)

26. Do you have to learn creationism alongside evolution

in school?

No.-Can’t prohibit evolution -

Epperson v. Arkansas (1968)-Equal time – unconstitutional Edwards vs. Aguillard (1987)

27. 1791, a 12-year old was arrested for burning down stables. He was told to confess

but did not. He was then taken to the dungeon where he was shown what would happen to him if he did not confess. If he

confessed, he would be well accommodated with fire and food. He was kept in the dungeon for 2 days and confessed.

Problem?

Yes.

28. Can you burn a cross?

States may outlaw cross burning as a form of intimidation.Virginia v. Black (2003)

29.I have an unflattering document about Joe Biden (VP). Can he

stop me from printing this?

No – gov’t cannot use prior restraint unless national security issue

Near v. Minnesota (1931)NY Times Co. v. US (1971) Nixon

J.S. v. Bethlehem Area School District (Pa. 2002) school officials could punish the student because the student's web site created a substantial

disruption of school activities.

30. A middle school student created his own Web site, which contained derogatory comments about his algebra teacher and the school principal. The site featured a picture of the teacher’s head dripping with blood, showed her face morphing into Adolf Hitler, and contained language offering money to find a hit man to kill the teacher.

31. Young Wall Street protesters attempt to march across Brooklyn Bridge and are

arrested. Is this their constitutional right?

Time, place, and manner. Shut down traffic for several hours; arrested for “disorderly conduct”.

October – Writing Objective

•Why is the Bill of Rights so important to

us as individuals? Use 3 specific examples to support your answer.