Transcript The Bill of Rights

Bell Ringer #5

Do you think we should teach both
creationism and evolution in
schools? Or just one or the other?
Or neither? Explain.
Content Vocab
1st Amendment
Free Exercise Clause
Establishment Clause
Academic Vocab
Society
Individual
Court Case Explanation
Exercising your rights


https://www.youtube.com/watch?v
=s4nQ_mFJV4I
Write down a paragraph for each of
the following



What surprised you
What you learned
What you want to know more about
The Bill of Rights
The First Ten Amendments
AP Government
Mr. Pourchot
Who determines what the Bill of
Rights mean?


The Supreme Court makes rulings
on the meaning
The Supreme Court balances the
rights of the individual with the
needs of society
Individual??
Society??
Five Rights in the First Amendment
RAPPS





Freedom
Freedom
Freedom
Freedom
Freedom
of
of
to
of
of
Religion
Assembly
Press
the Petition
Speech
Freedom of Religion


“Congress shall make no law
respecting an establishment of
religion or prohibiting the free
exercise there of”
Two clauses:
 Establishment
clause
 Free Exercise clause
Establishment and Free Exercise Clauses
Often Conflict


In schools, the
religion issue is
most prevalent
If a student
raises his hand
and says “Mr.
Pourchot, can we
say an opening
prayer before
this test”



If I say:
“Yes”, It looks like
establishment of
religion
“No”, It is
denying a student
free exercise.
Establishment Clause—Government
cannot promote religion
Establishment Clause-Government
Cans
Cannot




Teach about
religions in school
Allow voluntary
prayer in many
examples
Transport students
to a religious
school
Read Bible for
culture or literacy
content
https://www.youtube.com/watch?v=
SlbNlvAKDW8





Set a state religion
Government
cannot order a
prayer
Teach religious
doctrine in the
school
Pay seminary
teachers
Teach creationism
Free Exercise of Religion
Free Exercise—The person
Can
Cannot




Choose whatever
religion
Lead a prayer in
most examples
Ask questions
about religions
Worship whoever
you want



Break the law and
claim it is religious
belief (burning
cats at midnight)
Raise children
without education
Deprive children of
basic needs
What About Rastafarians?

For Rastas, smoking
cannabis, usually known
as "herb", "weed", is a
spiritual act, often
accompanied by Bible
study; they consider it a
sacrament that cleans
the body and mind,
heals the soul, exalts the
consciousness, facilitates
peacefulness, brings
pleasure, and brings
them closer to Jah. Ya
man..
Freedom of Assembly

“Congress shall make no law . . .
Abridging . . . The people to
peaceably assemble”
Freedom of Assembly--Individual
Can
Cannot




Protest
Parade (with a
permit)
Parade chanting
hate slogans
Gang members
can congregate in
public (unless this
disrupts the
peace)



https://www.youtube.com/watch?v=
UESEbzpGnc4
Protest by
throwing rocks
and breaking
windows
(disturbing the
peace)
Hang out on
private land
against owners
will—loitering
Teen curfew
Bell Ringer #1

Should a student be allowed to say
“Bless you” after a fellow student
sneezes? How about if the teacher
says “Bless you?” Explain your
answer.
Freedom of the press

“Congress shall make
no law . . . abridging .
. . the freedom of the
press.”
Freedom of the press-the press
Can
Cannot




Print any political
position
Make fun of people,
especially politicians
Expose wrongs by the
government
Say things you might
not agree with




Libel– intentionally
injuring a person’s
reputation by false
written facts
Slander- intentionally
saying something
false about someone
Disclose defensesecurity secrets
Detail how to make a
certain weapons
Legal Concerns



In order to avoid
allegations of libel or
slander, the press has
often reported on
events using the
adjective “alleged”
before describing the
accused.
i.e. the alleged
murderer..the alleged
rapist..
The presumption of
innocence remains in
effect.
Petition the Government

“Congress shall make no law . . .
Abridging . . . the people. . . to
petition the government for a
redress of grievances”
Petition the Government



You may sue the government for
wrongs
You cannot be punished for
exposing wrongs by the
government
The courts decide the wrongs
Freedom of speech

“Congress shall make no laws . . .
abridging the freedom of speech”
https://www.youtube.com/watch?v=
qgce06Yw2ro
Freedom of Speech
Does a person have
the right to
criticize or slander
the government
and/or
government
officials?
Can a person say
whatever they
want whenever
they want to
whomever they
want?
Free speech– The individual can:







Say any political belief
Protest (without getting out of control and
damaging the property of others)
Say things about someone that are true
Burn the flag
Freedom of symbolic expression
Say racist and hate slogans (exceptions)
Free speech means someone might say
something you disagree with
Free speech—limits on the person
https://www.youtube.com/watch?v=
pofUsd9hEi8






Threaten to blow up airplanes,
schools or the president
Sexual harassment
Create too much social chaos
Extremely crude language in a
public forum
Disrespectful, vulgar language in
schools
Hate crimes, including bullying,
social media
2nd Amendment—Right to bear
arms

“A well-regulated militia, being
necessary to the security of a free
state, the right of the people to
bear arms shall not be infringed.”
What is the debate with the right to
bear arms?


How much can the
government keep
guns from
criminals and
youth?
In order to keep
guns away from
criminals, does
that limit the right
of law abiding
citizens?
Gun debate continued


Shoes representing gun deaths.
Thousands of
people die every
year because of
guns
Thousands of
crimes are
prevented because
of guns
Third Amendment

The
Government
cannot force
you to shelter
soldiers in your
home without
your consent in
time of war or
peace.
Rights of the Accused Amendments
#4-8
Important to preserve freedom
Fourth Amendment – illegal
searches and seizures

What does a
policeman need in
order to search
your home?




A warrant given to
him by a judge
Probable cause is
also needed
Right to privacy
“4th and 9th
amendment”
Or with consent
Fifth Amendment






You cannot be tried for the same crime twice—
called “Double Jeopardy”
Serious offenses are entitled to grand jury trial.
You do not have to testify against your self. “I
plead the fifth” ( no self-incrimination)
You must have due process (fair application of
the law) before you are convicted
The government cannot take your land unless it
pays. Can you say “Al’s Corner?”
This is also known as eminent domain.

Can only occur if the benefit is for the public
good
Grand Juries






A grand jury is a type of jury that determines whether
there is enough evidence for a trial( usually up to 23 people)
Grand juries carry out this duty by examining evidence and
issuing indictments.
A grand jury is traditionally larger than and distinguishable
from a petit jury, which is used during a trial.
Charges involving "capital or infamous crimes" under federal
jurisdiction must be presented to a grand jury under the Fifth
Amendment to the United States Constitution.
This has been interpreted to allow the grand jury to be
bypassed for misdemeanor offenses, which can instead be
charged by prosecutor's information.
Some plea agreements also stipulate that the defendant
waives prosecution by indictment. However, the defendant
must make this waiver in open court and after being advised
of the nature of the charge and of the defendant's rights
Sixth Amendment




Right to speedy trial
by impartial jury—
meaning not favoring
either side
People have the right
to legal counsel.
People have the right
to confront their
accusers.
Right to counsel but
you have to have low
income.
Sixth Amendment continued


You must be
told of charges
You must be
provided a
lawyer if you
cannot afford
one
Seventh Amendment




Guarantees a jury trial in most
civil cases.
The threshold has been
changed from $20 to $75,000.
If a person is involved in a
civil case, like an accident
claim, they can choose to have
a jury make the decision rather
than depend on the judge's
decision alone.
This amendment is important
because it allows us a trial by
jury. A trial by jury is necessary
to ensure that a person
receives a fair trial. In some
countries people are not
allowed a trial by jury and are
therefore subject to an unfair
sentence by an unfair judge.
Eighth Amendment


No excessive
bail
No cruel and
unusual
punishment
9th Amendment


Just because a certain
right was not thought of
here or mentioned in the
first 10 Amendments
does not mean that
people do not have
them.
It means the listing of
your rights in the
Constitution is not
exclusive. Just because
a right is not listed in the
Constitution doesn't
mean it doesn't exist.
For example, the Right
of Privacy is not listed
specifically in the
Constitution, but the
U.S. Supreme Court has
said we have such a
right.
10th Amendment


Guarantees that rights
not given to the federal
government, nor denied
to the states, are
reserved to the states or
to the people.
If the Constitution
does not specifically
say that the
government of our
country has the power
to do something, then
that power is given to
the people or the
state they live in. The
states were worried
that the federal
government might try
to take over their
powers and rights.
10th Amendment Examples


What age people get driving licenses or can get
married. This differs from state to state, because
regulation of people's lives in this fashion was not
given to the federal government in the
Constitution, nor has it ever been added to the
Constitution by amendment.
Originally there were no laws governing these
things at all, so it devolved upon individuals to
decide. However, as time went on and problems
happened, although the federal government did
not have the right to write laws regarding these,
according to the 10th Amendment the state
governments could take over from individuals and
impose regulation, and they did
Summary Time..