Transcript Amendment 1 freedom of religion, press, expression

The following Amendments are all of the changes that have
been made to the constitution since it was originally written.
The First Ten Amendments are known as the “Bill of Rights”
and without their inclusion the Constitution would not have
been signed.
 Freedom of Religion
 Freedom of Speech
 Freedom of Press
 Freedom of Assembly
 All of these rights are guaranteed by this
Amendment, but all can be limited if they violate
another person’s right to life, liberty, or property.
 Civil liberties- are the personal rights of individuals
that are protected from government interference.
 Religion and the school
 Holding moments of silent prayer in class
 Released from school to attend religious classes off the
school grounds
 Tax money- provide children in parochial school with
free lunches
 Establishment Clause- of the first
amendment forbids government from
making any law about “an establishment of
religion”.
 Free exercise clause- prevents the
government from restricting people’s
religious practices.
 Schools cannot force students to salute or pray
during school hours
 Conscientious objector- person who refuses
military service because of religious or moral
beliefs
 Pure speech- communication by the spoken word
alone.
 Speech-plus- speech combined with some kind of
action.
 Symbolic speech- actions and objects replace words.
 Charles T. Schenck was convicted under the Espionage
Act for printing and mailing 15,000 pamphlets urging
men to evade the military draft.
 Schenck V. The United States – Read the Court Document
and answer the questions.
 Clear and Present Danger Doctrine
 Freedom of speech can be limited when it is used to
cause violence
 Sedition – words that stir up rebellion of advocate
overthrowing the government.
 Defamation- general term for attacks on another
person’s good name and reputation
 Slander- defamation in spoken form
 Libel- defamation in written form
 “Fighting words”- words that are so insulting of
offensive that their very utterance causes immediate
violence.
 Do you think that it is fair for the Freedoms of the First
Amendment to be limited?
 Why or why not?
 Do you think that Charles Schenck should have been
convicted of a crime? Were his First Amendment
rights violated when he was convicted?
 Do you think that prayer should be allowed in school
ever?
 What about saying the Pledge of Allegiance?
 Find an article on this topic, read it and write a short
reflection.
• Injunction- is a court order that forbids a specific activity.
 Obscenity- offensive and lacks serious literary, artistic,
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political or scientific value
Mass media- source of information that influences mass
amounts of people.
Fairness doctrine- required stations to present all sides of
an important issues.
Sunshine laws- require government agencies to open their
meetings to the press and public
Shield laws- conditions under which news reporters are not
required to testify in state courts.
 Where can people assemble ?
 Peaceful assembly is guaranteed in public places.
 Not on private property
 Peaceful assemble weather popular or unpopular must
be given equal protection under the First Amendment
 Research funeral protests on the internet and write a ½
pg opinion on this issue.
 Heckler’s vote- the ability of hostile onlookers to
disrupt a peaceful speech of assembly by jeering,
shouting insults, or physically interfering with
demonstrators
 Gives the freedom to hold weapons as a defense with
government limitation.
- semi-automatic weapons are legal to own but fullyautomatic weapons are not.
 The early Americans wanted this included because
they were afraid that the government would limit their
access to weapons to prevent an overthrow of power if
it became abused by the government.
 The government cant force soldiers to live in private
homes without owners consent.
 During the American Revolution many of the
American colonists were forced to open their homes
up to the British soldiers that they were fighting
against. They wanted to ensure that the government
would never have this power over them again.
 No one may be searched by law enforcement without a
warrant.
 this means that unless a warrant is given, law
enforcement doesn’t have the right to go through a
persons property.
 In order for a warrant to be obtained, the police must
prove probable cause for the warrant to be issued.
Then a judge will issue a warrant for a limited area.
 If a warrant is for a persons home, then their car and
garage may not be searched.
 Any evidence that is found during an illegal search can’t
be used against a person in court.
 The right to be free of self incrimination
 The right to remain silent.
-anything that you say to law enforcement can be used
against you in court .
 This Amendment protects you from self incrimination.
 If you are arrested for a crime you need not make any
comment without a lawyer present on your behalf.
 If you choose to comment, what you say can be used
against you in court.
 Right to have a timely trial in public
 Right to a trial in front of a jury of your peers
 Right to know your charges
 Right to confront witnesses
 Right to have defense witnesses
 Right to an attorney
 If you can’t afford an attorney one will be provided for
you at the expense of the government.
• Right to trial by jury in a case that isn’t criminal, but
civil
• must exceed 20$
• Trial by jury in Civil cases must be requested
 Right to be protected against cruel and unusual
punishment both while incarcerated and free.
 this includes right to be given things necessary to live,
such as food, shelter, a place to sleep, and clean yourself.
 The Death Penalty comes to question in this
amendment.
 Does the death penalty constitute Cruel and Unusual
punishment? What’s your opinion?
 If you believe that it does, then do you believe that it should
be stopped?
 If you believe that it doesn’t, then are you in favor of keeping
it.
 The government can not take away the rights
guaranteed by the constitution.
 Once it is in the Constitution or Amendments it is law
and can only be repealed by a later Constitutional
Amendment (see Amendment 18 and 21)
 The people are also, not limited to the rights expressed
in the Constitution and it’s Bill of Rights.
 Just because it is not specifically stated in the
Constitution does not mean that you do not have a right
to it, it simply means that it isn’t clarified there.
 In order to limit a right implied by the Constitution, the
Supreme Court would have to rule.
 Anything not in the constitution or prohibited by the
constitution is in the hands of the states or people.
 This means that if the Constitution does not mention an
issue that needs to be addressed, it is in the hands of
State and Local governments to determine how the
issue will be handled.
 The court system is limited by the constitution
-one can not originally be in trial in a state in which a
crime was not committed
 The electoral college votes to decide who becomes
President and Vice President
- 270 electoral votes are needed to become president .
This is the majority of the 535 total electoral votes that
are cast.
 The Current Electoral College System has changed a
bit since its creation, and is now a winner take all
system. Both the President and Vice President run
together on a ballot and are elected together.
 Slavery or involuntary servitude will not exist in the
United State or any of its Territories.
 Except as punishment for a crime (jail, or prison)
 This Amendment was added during the Civil War and
gave all slaves their freedom.
 Every person born in the U.S. or made a U.S. citizen
has the right to equal rights under the Constitution, no
matter what state they live in.
 Voting Representation is based on the population of
the state.
 Voting rights can’t be denied to any citizen based on
race, color, or history of servitude (slaves)
- needs to be a U.S. citizen in the country.
 Congress has the power to use proper legislation to
enforce this issue.
 Congress has the right to lay and collect taxes from any
source that derives income.
 With no regard to census or enumeration.
 If you have a job and receive a legitimate paycheck you
can expect that a portion of your paycheck will be
removed and paid to the government in the form of
taxes. If no money is taken from your check, you will be
expected to pay in to the government the amount you
owe them after having your taxed done by the 15th of
April every year.
 Each State will receive two Senators.
 Senators are selected by popular vote not by the
electoral votes.
 Every 6 years a senator election is held.
 Prohibits the sale or consumption of alcohol. (1919 –
1933)
 This was passed to decrease crime in the United States,
but was not effective.
 It had the opposite effect. In many cases this Amendment
created more crime, as people would turn to bootlegging to
get the alcohol that they wanted. Gangs, and Mobs have a
large history in this era of American History.
 This also led to the creation of NASCAR. As racing and fast
cars became necessary to outrun police when transporting
the illegal liquid.
 It was later repealed by the 21st Amendment
 The Right to Vote shall not be abridged on the account
of a persons sex. (1920)
 Women finally received the right to vote.
 Keep in mind that African Americans gained the right to
vote with the 13th Amendment in 1865
 It was still 60 years before women were allowed the same
rights in Voting as men.
 Terms of the president and the vice president will end
on the 20th day of January with the inauguration of the
President elect.
 On this day in January the President will give an address
to the members of Congress and the general population
of people to review the State of the Union.
 If the President dies the Vice President becomes
President and so forth down the line of people in
office.
 Repealed (removed) the 18th Amendment
 Made it legal again to drink and make alcohol
 No President shall serve more that 2 terms.
 The exception to this is Roosevelt who served 4 terms,
before the Amendment was passed.
 Also, if you are serving less than 2 years of a previous
Presidents term, you can still run for 2 terms on your
own.
 The District of Columbia (D.C.) will be given electoral
votes as if it were a State, despite it not having
statehood.
 Voting can’t be subject to a Poll Tax (voting tax) 1960
 During the 1950’s – 60’s it was common that African
Americans were denied the right to vote by enforcing
steps that prevented certain groups from voting.
 Poll Taxes – you had to pay a tax to vote
 Literacy Tests – you could vote if you could read
 Grandfather Clauses – you could vote if your grandfather did
 The 24th Amendment was passed to ensure that the 13th
Amendment could be upheld.
 The Vice President shall become President in the event
of a death or disability in the President (that prevents
him from doing his duties)
 It goes down the line as if the president had passed away
or got impeached.
 President
 Vice President
 Speaker of the House
 President Pro Tempore of the Senate
 Offices of the Cabinet in order from Secretary of State
 Gives everyone over the age of 18 the right to vote
 Before this Amendment was passed it was 21 years of age
before a person could vote.
 When soldiers were being sent to Vietnam to fight, it
became evident that it was not right to sent men and
women to fight in a war when they were not old enough
to vote on if the war itself should even be fought.
 Sets limits on the congressional pay increase and
decrease until the next congressional session.
 Congress can give itself a raise, but it will not be in effect
for those serving during that session.